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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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 replies
    • 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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Charged for lack of funds for transfers into own accounts!


Rohaq
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I use Nationwide's Internet Banking. On the whole, it's a nice system. Last year, I set up a couple of online savings accounts; one for my car insurance, and one for saving any extra cash. I set up automatic monthly transfers from my cash account and left it at that.

 

I lost my job later on, and my cash account slowly emptied over the months, until recently I simply didn't have enough funds left for the automatic transfers. Not a problem I thought; it's handled automatically, it'll see I don't have enough and not make the transfer.

 

Wrong. Now I have two £30 charges automatically deducted from my cash account, for not having enough funds to send to my own online savings accounts!

 

At the moment, I've just started a new job and could really do with the cash until my first paycheck. I've talked through the bank's online message system, and they say there's nothing I can do. I'm tempted to threaten to close my accounts, but at the moment I only have about £600 in my car insurance savings account, and threatening to leave isn't really much of a threat. Also, apart from this incident, Nationwide have been a good bank. I just want my money back.

 

Any advice would be welcome! Cheers!

Rohaq

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I find that this is a highly abusive story.

 

The banks have a custom and practice right to combine accounts so that they may take from one account to remedy a problem in another account held by the same customer.

This suggests to me that there is the same facility to take from one account in credit to put money into a second account in debit in order to avoid problems and charges. In fact their duty to mitigate their losses suggests very strongly to me that they should do this - but in fact they never do.

 

To me it then follows that where one account is a feeder to another and it is clear that the feeder does not have the money to source into the receiving account that they should avoid ther loss by not activating the payment - as you suggest.

 

Of course you are dealing with banks who will operate the rules always in their favour even when there is an ambiguity in circumstances.

 

The bank has a fiduciary relationship with you and I am convinced that they have a duty to resolve any ambiguities in your favour.

 

I hope that you are going to claim the money back. Use my post as a basis for your letter - although they will not pay any attention, of course.

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  • 2 weeks later...

Good news, just got yet another £30 charge.

 

Waiting to be paid next week, then going to speak to my bank manager.

 

If it's in you savings account why can't you just take it out? Am I missing something?

The £30 went to my bank, not between my accounts.

Rohaq

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  • 12 years later...

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

Rohaq

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