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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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sent template letter got this reply


titanium_man
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got this this morning

 

RE: ACCOUNT CHARGES FOR OVERDRAFT EXCESSES AND RETURNED ITEMS

 

Thank you for contacting us about your complaint i am sorry that you feel we,ve let you down.

 

CONCERNS

Before i go any further i think it would be helpful if i set out my understanding of your concern:

 

you feel that the charges you have incurred are contrary to the unfair terms in consumer contracts regulation 1999.

 

you are unhappy with the amount of charges you have incurred as a result of being overdrawn and from returned items.

 

you have requested that all charges incurred should be refunded for the past 7 years.

 

 

Background/circumstances

 

When you become a customer ,we give you details of any charges for the day to day running of your account. Details of our charges are also available from our branch staff, telephone helpline or our website, While banking with us can be completely free, we apply charges if a customer does not have enough money in their account to meet payments they have requested us to make.

 

you incurred charges because you did not insure funds were available in your account to cover the payments set up by you. It is your responsibility to operate your account within any agreed limits.

 

As a business we are entitles to set charges to cover additional work. These charges are not hidden and are notified in the guide to banking charges leaflet we produce..

 

We advise out customers to ensure cleared funds are available in their accounts to meet payments due. You will also note that in the front of each shequebook we request that funds are availible before cheques are iaaued.

 

You accepted these terms when you opened your account and when you agreed your overdraft. We did not agree to pay your account on excess of the amount agreed without charges being made.

 

THIS IS WHERE IT SCARES ME

 

My Conclusion

Accordingly, i am unable to agree with your request to refund the charges. We do expect your account to be run in line with the terms and conditions of its operation, this means that you must ensure that cleared funds are deposite into the account the working day before any paymens are due. If you do not feel you will be able to run your account in accordance with the terms and conditions, we may have to consider withdrawing certain facilities such as debit cards, overdrafts and chequebooks, Alternatively you may wish to consider alternative banking arrangements.

 

what happens next?

 

 

I realise that you will not be happy with my response, but you can ask the financial ombudsman service to independently review your concerns, I have enclosed their leaflet that outlines how to contact them. if you do want them to look at your concerns, they need you get in touch with them within 6 months of the date of this letter.

 

yours sincerely

 

mandy horton

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This is very Lloyds. They seem to be more vindictive than the rest. however, the case against them is stronger than the others thanks to their ex-head of personal banking Peter McNamara whose interview and transcript are in the Library.

 

Get ready to move accounts. Get a parachute account.

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titanium_man I also notice the letter from them says you are asking to be refunded for the past 7 years ............. You are only allowed to claim back for 6 years .

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Claim as far back as you want. Frankly i would even say to include the 7 year figure in your court calim.

 

It is up to them to draw the limitaion period tothe attention of the judge.

Even he judge doesn't have a duty to exclude the claim of the defendant doesn't plead the Limitation Act

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  • 10 months later...

Help, i sent the prelim template letter for current account bank charges along witha schedule of my bank charges and i got a similar letter from Lloyds is says the following:

 

Thank you for getting in touch with us. I am sorry that you are unhappy about your account charges.

 

Like any business we do make a charge for some of our extra services. When customers don't have enough in their accounts to cover a payment this always means extra work and it has to happen very quickly. We have to agree to make the payment by setting up or increasing an overdraft or tell cust2omers we can't agree it. We feel it's fair to charge for this service.

 

Of course it's only too fair too that wea re completely open about any charged for services before you take them up. That is why we take care to give every new customer the latest guide to our charges. you can also get up to date details about fees and borrowing rates at all of our branches through our helpline and or our website.

 

Just as importantly we do everything we can to help our customers avoid these charges altogether. I am sure you will know how easy it is to keep running a check (SHE GOES ON ON ON AND ON ABOUT PHONE BANK, INTERNET BANKING AND TELEPHONE BANKING AS WELL AS USING CASH MACHINE STO CHECK YOUR BALANCE AND THEN EXTENDING YOUR OVERDRAFT).

 

You have mentioned the new guidleines from the office of fair trading on creidt card default charges. We do not agree with OFT's thinking on this and we are still talking it through with them. But important point is that the guidelines are about default charges that people pay when they break an agreement with us. the fees we charge for dealing with your request to go over your agreed overdraft limit are not default charges because you have not broken your agreement. They are our prices for the service we provide in these situations.

 

I do hope that you can see that we make our charging system as fair as possible and why i cannot agree to cancel you charges.

 

Please let me know if there is anything else i can do if we cannot come to an agreed solution after this i will help you refer your complaint to the financial ombudsman service for independent advice.

 

If you are happy with the way i have dealt with your complaint there is no need to reply to my letter. If i have not heard back from you by the 07/03/2007, i will close my file though i will be happy to reopen it should you come back at any point afterwards.

 

Debbie Gilbert.

 

What should i do now??????????

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Hi Debbie,

 

Firstly you should begin your won thread by clicking here. Having your own thread means you can easily chart your progress and it makes it easier for others to follow and to answer your questions. :)

 

The response you have got is their standard response so don't be concerned - it is their attempt to fob you off. Wait until the end of the 14 day deadline you gave them and then proceed with the LBA.

 

Good luck. Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

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do i use the same letters with credit cards as i do with reclaiming bank charges

Hi

Yes you do.

You should start up your own thread, and ask any questions on there.

Good luck!

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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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

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