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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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LTSB taking money for card payments out of acct whilst O?D


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I have a credit card with LloydsTSB.

 

I have a £500 overdraft limit on my current account.

 

Whilst I was overdrawn they took more money out of this account to make a card payment.

 

I am on Job seekers allowance.

 

They have done it before (last month) and I had that refunded back after a fight.

 

Are they allowed to do this in my situation i.e on benefits and already in overdraft. I will now have interest charges added on my overdraft for the payment they took.

 

I am fuming and want to sort this once and for all.

 

PLEASE HELP

Edited by Needabreak
typo

I'm not a legal expert. Any help or advice I offer is based upon experience gained from this fantastic forum.

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Polite Bump

Please, if anyone has any known rules or something I can throw at them if this is not allowed or deemed to have broken any rules. I would like to phone them this afternoon and have a right go at them with ammunition I can back up.:mad:

I'm not a legal expert. Any help or advice I offer is based upon experience gained from this fantastic forum.

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Yes they are allowed to do it, they call it "right of set off"

 

however, under Banking Code guidelines, it should not be used to the detriment of someones ability to pay priority bills.

 

This is an issue that has been highlighted in the media recently and there are related articles here....

 

BBC NEWS | Business | Banks taking 'payments by stealth'

 

BBC NEWS | Programmes | Moneybox | Have Your Say: Banks help themselves

 

BBC NEWS | UK | Banks 'take payments by stealth'

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A few weeks ago they did the same to me. I have about £9k on two cards and told them I could no longer afford the montly payments and offered them £5 per month; so 3-months later they just took the monthly payments anyway. I sent them a very 'tart' letter, they not only appologised, told me it would not happen again but gave me compensation.

If you think this post has been of help, please click on my SCALES on the left - thanks :-) :-x

 

Peter Anderson

Me Vs Morgan Stanley - WON £490

Me V's LTSB - Private & Bus Acc - £18.8k (since Oct1997)

inc: S.69 Interest (and growing daily) -;)

Please remember to DONATE when you have WON

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A few weeks ago they did the same to me. I have about £9k on two cards and told them I could no longer afford the montly payments and offered them £5 per month; so 3-months later they just took the monthly payments anyway. I sent them a very 'tart' letter, they not only appologised, told me it would not happen again but gave me compensation.

 

Well done to you Peter. But I personally don't trust them to do anything they say they will do. I have been lied to and mislead in the past, they don't care as much as they purport to.

 

I Phoned them today and laid it on thick. They said they would refund the latest one within 7-10 days. They did this last time but I had to chase it after ten days but they did give it all back. I am paying them a token £1 a month at the moment.

 

I told them they were giving themselves preferential creditor status, and as I was on JSA they were taking my benefits that I had to live on.

 

I have set up new "Basic Bank account" with another bank and as soon as I have this refund I am going to put this account in a dormant state then SAR them with the intention of going for past bank charges. I have been with them for years and have paid loads of OD fees & charges in that time, so could mount up to a fair bit.

 

Now I'm on the war path with them. They caused it with their absolute disregard to my current difficult situation, after years of being a loyal customer.

 

NAB

I'm not a legal expert. Any help or advice I offer is based upon experience gained from this fantastic forum.

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