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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Got bank debts, can I still claim???


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Hi

 

I have overdraght debts with Barclays Bank of £2500 and have asked them to stop charges, freeze interest and accept a pro-rata offer to clear the debt.

I have moved all my Direct debits & Standing orders to another bank, I have also stopped my wages going in so I'm not bothered about upsetting them! :D

 

They have ignored me and haven't replied regarding my offer and are still charging me £90 per month which they have done many times over the last 10 years.

 

My question is can I still make a claim and will I encounter any additional difficulties over and above the normal hassles becuase I have debts with them?

 

I have other 'credit' type creditors, most have been very sympathetic and have accepted my pro-rata offers and stopped interest/charges, some have issued default notices and my credit is screwed anyway so I'm not bothered if Barclays go down this route.

 

Any tips very welcome,

 

Thanks

 

Tony. :)

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Hi

 

I have overdraght debts with Barclays Bank of £2500 and have asked them to stop charges, freeze interest and accept a pro-rata offer to clear the debt.

I have moved all my Direct debits & Standing orders to another bank, I have also stopped my wages going in so I'm not bothered about upsetting them! :D

 

They have ignored me and haven't replied regarding my offer and are still charging me £90 per month which they have done many times over the last 10 years.

 

My question is can I still make a claim and will I encounter any additional difficulties over and above the normal hassles becuase I have debts with them?

 

I have other 'credit' type creditors, most have been very sympathetic and have accepted my pro-rata offers and stopped interest/charges, some have issued default notices and my credit is screwed anyway so I'm not bothered if Barclays go down this route.

 

Any tips very welcome,

 

Thanks

 

Tony. :)

 

I would open up a parachute account because sooner or later they will close your account and enforce the debt.

 

Send them a letter, stating the debt is in dispute. That way they can't take you to court. Also, send them a SAR to find out when they have charged you and then put in a claim for the amount. They will put your "complaint" on hold because of the OFT case, but at least you know it's in the system.

 

Unfortunately at this time, I believe you'd have to be extremely shrewd to weasle your money out of the banks because of the OFT case.

 

But as long as you make them aware the account is in dispute, they can't claim on it, or effect your credit report, etc etc.

 

Hope that helps, if there's anything I've missed I'm sure others will chip in.

 

Also, there's loads of template letters on here, which will help.

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I am / about to be in the exact same position with Barclays. Have set up account elsewhere & salaries & DDs will be leaving this month so not a penny more into my bottomless pit overdraft. I half heartedly S.A.R - (Subject Access Request)'d them last year to look at charges but stupidly didnt get around to making the claim - then when I first heard about the test case I thought It was too late for me to claim and I binned everything. I am now more informed of the situation so once I have fully 'jumped ship' will be SARing them again and totaling up. I'm pretty sure they owed us around £3,000 on 3 accounts and this was last year and that is without adding interest.

 

I'm hoping to negotiate offsetting overdraft with how much they owe me (and I will kindly let them keep the change!) or not as they P**** me off this month by ignoring a letter they recieved and signed for me begging them to allow payment to my mortgage this month, they didnt and it wasnt paid and now am in arrears.

 

 

Will be interested in hearing how you are getting along!

 

Good luck!

Edited by chloecat
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