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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
      • 161 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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Teebum V Abbey **** WON !!!! ****


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Got the standard 12 months statements today, when I list charges do I list them earliest to latest?

 

 

------------------------------------------------------------

31/07/06 sent Data Protection letter to Abbey.

09/08/06 Recived fob off letter

14/08/06 Sent second DPA letter

15/08/06 Received 12 months of statements

Lets get it back

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Have added up one years charges and it comes to £1811, and with interest £1903. If I times this by 6 it will be well over the £5000 limit.

 

------------------------------------------------------------

31/07/06 sent Data Protection letter to Abbey.

09/08/06 Recived fob off letter

14/08/06 Sent second Data Protection Act letter

15/08/06 Received 12 months of statements

Lets get it back

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The prelim letter is a template?

 

 

 

Data protection manager

Data protection team

Regulatory compliance

Abbey House

201 Grafton Gate East

Milton Keynes

MK9 1AN

 

 

16 August 2006

 

 

Request for repayment of charges

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: 72

 

 

My request

I am writing to ask you to refund to me the charges which you have levied from my account over the last 6 years.

I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

What I require

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX .

I enclose a schedule of the charges which I am claiming with this letter

 

Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

 

 

 

 

 

 

 

 

Yours faithfully,

 

 

 

 

 

[name]

Lets get it back

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Got some more statements today from 2005, looks like micro fiche. Should I be doing anything else now?

 

------------------------------------------------------------

31/07/06 sent Data Protection letter to Abbey.

09/08/06 Recived fob off letter

14/08/06 Sent second Data Protection Act letter

15/08/06 Received 12 months of statements

17/08/06 Received another 2 months of statements from 2005

Lets get it back

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Does this sound right?

 

My request

I am writing to ask you to refund to me the charges which you have levied from my account over the last 6 years.

I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

What I require

I calculate that you have taken £ £1,980.36

from my account between 09/04/2005

and 10/07/2006. Additionally I estimate you have taken £7920 from my account between 09/04/2000 and 09/04/2005 - this is a reasonable estimate based on the statements I have. I reserve the right to amend this amount on receipt of my information from you, requested under the Data Protection Act on 13/08/2006. I enclose a schedule of the charges which I am claiming with this letter

Lets get it back

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Think this is ok

 

Unauthorised overdraft fee

£20.00

10/07/2006

Charge for clearing DD/ SO while overdrawn

£30.00

10/07/2006

Charge for clearing DD/ SO while overdrawn

£30.00

10/07/2006

Charge for unpaid DD mandate no 85

£35.00

10/07/2006

Charge for unpaid DD mandate no 72

£35.00

10/07/2006

Charge for unpaid DD mandate no 76

£35.00

10/07/2006

Charge for unpaid DD mandate no 79

£35.00

10/07/2006

Charge for unpaid DD mandate no 85

£35.00

10/07/2006

Charge for unpaid DD mandate no 72

£35.00

10/07/2006

Charge for unpaid DD mandate no 76

£35.00

10/07/2006

Interest charged while account overdrawn

£11.13

10/07/2006

Charge for unpaid standing order no 20

£35.00

10/07/2006

Charge for unpaid standing order no 15

£35.00

10/07/2006

Charge for unpaid standing order no 16

£35.00

10/07/2006

Charge for an overdraft that has not been authorised

£20.00

09/06/2006

Interest charged while account overdrawn

£8.88

09/06/2006

Charge for an overdraft that has not been authorised

£20.00

10/05/2006

Charge for unpaid DD mandate no 86

£35.00

10/05/2006

Interest charged while account overdrawn

£10.14

10/05/2006

Charge for unpaid DD mandate no 83

£35.00

10/05/2006

Interest charged while account overdrawn

£10.41

09/04/2006

Charge for unpaid standing order no 17

£35.00

09/04/2006

Charge for unpaid standing order no 14

£35.00

09/04/2006

Charge for an overdraft that has not been authorised

£20.00

12/03/2006

Interest charged while account overdrawn

£8.19

12/03/2006

Charge for an overdraft that has not been authorised

£20.00

09/02/2006

Charge for unpaid DD mandate no 70

£35.00

09/02/2006

Interest charged while account overdrawn

£12.08

09/02/2006

Charge for an overdraft that has not been authorised

£20.00

09/01/2006

Charge for unpaid DD mandate no 63

£35.00

09/01/2006

Interest charged while account overdrawn

£11.35

09/01/2006

Charge for unpaid DD mandate no 38

£35.00

09/01/2006

Charge for an overdraft that has not been authorised

£20.00

10/12/2005

Interest charged while account overdrawn

£15.93

10/12/2005

Charge for unpaid DD mandate no 38

£35.00

10/12/2005

Interest charged while account overdrawn

£15.15

09/11/2005

Charge for clearing Visa payment while overdrawn

£30.00

10/10/2005

Charge for clearing Visa payment while overdrawn

£30.00

10/10/2005

Charge for unpaid DD mandate no 63

£32.00

10/10/2005

Charge for unpaid DD mandate no 59

£32.00

10/10/2005

Charge for unpaid DD mandate no 63

£32.00

10/10/2005

Interest charged while account overdrawn

£14.70

10/10/2005

Charge for unpaid DD mandate no 62

£32.00

10/10/2005

Charge for unpaid DD mandate no 67

£32.00

10/10/2005

Charge for unpaid DD mandate no 28

£32.00

10/09/2005

Charge for unpaid DD mandate no 68

£32.00

10/09/2005

Charge for unpaid DD mandate no 49

£32.00

10/09/2005

Charge for unpaid DD mandate no 59

£32.00

10/09/2005

Charge for unpaid DD mandate no 42

£32.00

10/09/2005

Charge for unpaid DD mandate no 28

£32.00

10/09/2005

Interest charged while account overdrawn

£14.33

10/09/2005

Charge for unpaid DD mandate no 49

£32.00

10/09/2005

Charge for unpaid DD mandate no 42

£32.00

10/09/2005

Charge for unpaid DD mandate no 24

£32.00

10/09/2005

Charge for clearing Visa payment while overdrawn

£30.00

09/08/2005

Charge for clearing DD/ SO while overdrawn

£32.00

09/08/2005

Charge for unpaid DD mandate no 49

£32.00

09/08/2005

Interest charged while account overdrawn

£12.44

09/08/2005

Charge for clearing DD/ SO while overdrawn

£30.00

09/06/2005

Charge for unpaid DD mandate no 28

£32.00

09/06/2005

Charge for unpaid DD mandate no 68

£32.00

09/06/2005

Charge for unpaid DD mandate no 49

£32.00

09/06/2005

Charge for unpaid DD mandate no 28

£32.00

09/06/2005

Interest charged while account overdrawn

£12.70

09/06/2005

Charge for unpaid DD mandate no 49

£32.00

09/06/2005

Charge for unpaid DD mandate no 67

£32.00

09/06/2005

£0.00

01/12/2004

£0.00

01/12/2004

Unpaid Direct Debit charge

£32.00

09/04/2005

Unpaid Direct Debit charge

£32.00

09/04/2005

Unpaid Direct Debit charge

£32.00

09/04/2005

Unpaid Direct Debit charge

£32.00

09/04/2005

Unpaid Direct Debit charge

£32.00

09/04/2005

Int Debit

£8.93

09/04/2005

Lets get it back

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i have no statements for August 2000 to April 2005. I dived the total for the statements I have by 12x then times it by 60 for an estimted amount for that period.

Lets get it back

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Feel really out of my depth, is tis any better

 

Unauthorised overdraft fee£20.0010/07/2006Charge for clearing DD/ SO while overdrawn£30.0010/07/2006Charge for clearing DD/ SO while overdrawn£30.0010/07/2006Charge for unpaid DD mandate no 85£35.0010/07/2006Charge for unpaid DD mandate no 72£35.0010/07/2006Charge for unpaid DD mandate no 76£35.0010/07/2006Charge for unpaid DD mandate no 79£35.0010/07/2006Charge for unpaid DD mandate no 85£35.0010/07/2006Charge for unpaid DD mandate no 72£35.0010/07/2006Charge for unpaid DD mandate no 76£35.0010/07/2006Interest charged while account overdrawn£11.1310/07/2006Charge for unpaid standing order no 20£35.0010/07/2006Charge for unpaid standing order no 15£35.0010/07/2006Charge for unpaid standing order no 16£35.0010/07/2006Charge for an overdraft that has not been authorised£20.0009/06/2006Interest charged while account overdrawn£8.8809/06/2006Charge for an overdraft that has not been authorised£20.0010/05/2006Charge for unpaid DD mandate no 86£35.0010/05/2006Interest charged while account overdrawn£10.1410/05/2006Charge for unpaid DD mandate no 83£35.0010/05/2006Interest charged while account overdrawn£10.4109/04/2006Charge for unpaid standing order no 17£35.0009/04/2006Charge for unpaid standing order no 14£35.0009/04/2006Charge for an overdraft that has not been authorised£20.0012/03/2006Interest charged while account overdrawn£8.1912/03/2006Charge for an overdraft that has not been authorised£20.0009/02/2006Charge for unpaid DD mandate no 70£35.0009/02/2006Interest charged while account overdrawn£12.0809/02/2006Charge for an overdraft that has not been authorised£20.0009/01/2006Charge for unpaid DD mandate no 63£35.0009/01/2006Interest charged while account overdrawn£11.3509/01/2006Charge for unpaid DD mandate no 38£35.0009/01/2006Charge for an overdraft that has not been authorised£20.0010/12/2005Interest charged while account overdrawn£15.9310/12/2005Charge for unpaid DD mandate no 38£35.0010/12/2005Interest charged while account overdrawn£15.1509/11/2005Charge for clearing Visa payment while overdrawn£30.0010/10/2005Charge for clearing Visa payment while overdrawn£30.0010/10/2005Charge for unpaid DD mandate no 63£32.0010/10/2005Charge for unpaid DD mandate no 59£32.0010/10/2005Charge for unpaid DD mandate no 63£32.0010/10/2005Interest charged while account overdrawn£14.7010/10/2005Charge for unpaid DD mandate no 62£32.0010/10/2005Charge for unpaid DD mandate no 67£32.0010/10/2005Charge for unpaid DD mandate no 28£32.0010/09/2005Charge for unpaid DD mandate no 68£32.0010/09/2005Charge for unpaid DD mandate no 49£32.0010/09/2005Charge for unpaid DD mandate no 59£32.0010/09/2005Charge for unpaid DD mandate no 42£32.0010/09/2005Charge for unpaid DD mandate no 28£32.0010/09/2005Interest charged while account overdrawn£14.3310/09/2005Charge for unpaid DD mandate no 49£32.0010/09/2005Charge for unpaid DD mandate no 42£32.0010/09/2005Charge for unpaid DD mandate no 24£32.0010/09/2005Charge for clearing Visa payment while overdrawn£30.0009/08/2005Charge for clearing DD/ SO while overdrawn£32.0009/08/2005Charge for unpaid DD mandate no 49£32.0009/08/2005Interest charged while account overdrawn£12.4409/08/2005Total for April 2005 - july 2006 (statements received)£1,576.73July 2000 - July 2001 (estimated)

 

£1,756.73July 2001 - July 2002 (estimated)£1,756.73July 2002 - July 2003 (estimated)£1,756.73July 2003 - July 2004 (estimated)£1,756.73July 2004 - July 2005 (estimated)£1,756.73£8,784Total claimed£10,360.38

Lets get it back

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Unauthorised overdraft fee£20.0010/07/2006Charge for clearing DD/ SO while overdrawn£30.0010/07/2006Charge for clearing DD/ SO while overdrawn£30.0010/07/2006Charge for unpaid DD mandate no 85£35.0010/07/2006Charge for unpaid DD mandate no 72£35.0010/07/2006Charge for unpaid DD mandate no 76£35.0010/07/2006Charge for unpaid DD mandate no 79£35.0010/07/2006Charge for unpaid DD mandate no 85£35.0010/07/2006Charge for unpaid DD mandate no 72£35.0010/07/2006Charge for unpaid DD mandate no 76£35.0010/07/2006Interest charged while account overdrawn£11.1310/07/2006Charge for unpaid standing order no 20£35.0010/07/2006Charge for unpaid standing order no 15£35.0010/07/2006Charge for unpaid standing order no 16£35.0010/07/2006Charge for an overdraft that has not been authorised£20.0009/06/2006Interest charged while account overdrawn£8.8809/06/2006Charge for an overdraft that has not been authorised£20.0010/05/2006Charge for unpaid DD mandate no 86£35.0010/05/2006Interest charged while account overdrawn£10.1410/05/2006Charge for unpaid DD mandate no 83£35.0010/05/2006Interest charged while account overdrawn£10.4109/04/2006Charge for unpaid standing order no 17£35.0009/04/2006Charge for unpaid standing order no 14£35.0009/04/2006Charge for an overdraft that has not been authorised£20.0012/03/2006Interest charged while account overdrawn£8.1912/03/2006Charge for an overdraft that has not been authorised£20.0009/02/2006Charge for unpaid DD mandate no 70£35.0009/02/2006Interest charged while account overdrawn£12.0809/02/2006Charge for an overdraft that has not been authorised£20.0009/01/2006Charge for unpaid DD mandate no 63£35.0009/01/2006Interest charged while account overdrawn£11.3509/01/2006Charge for unpaid DD mandate no 38£35.0009/01/2006Charge for an overdraft that has not been authorised£20.0010/12/2005Interest charged while account overdrawn£15.9310/12/2005Charge for unpaid DD mandate no 38£35.0010/12/2005Interest charged while account overdrawn£15.1509/11/2005Charge for clearing Visa payment while overdrawn£30.0010/10/2005Charge for clearing Visa payment while overdrawn£30.0010/10/2005Charge for unpaid DD mandate no 63£32.0010/10/2005Charge for unpaid DD mandate no 59£32.0010/10/2005Charge for unpaid DD mandate no 63£32.0010/10/2005Interest charged while account overdrawn£14.7010/10/2005Charge for unpaid DD mandate no 62£32.0010/10/2005Charge for unpaid DD mandate no 67£32.0010/10/2005Charge for unpaid DD mandate no 28£32.0010/09/2005Charge for unpaid DD mandate no 68£32.0010/09/2005Charge for unpaid DD mandate no 49£32.0010/09/2005Charge for unpaid DD mandate no 59£32.0010/09/2005Charge for unpaid DD mandate no 42£32.0010/09/2005Charge for unpaid DD mandate no 28£32.0010/09/2005Interest charged while account overdrawn£14.3310/09/2005Charge for unpaid DD mandate no 49£32.0010/09/2005Charge for unpaid DD mandate no 42£32.0010/09/2005Charge for unpaid DD mandate no 24£32.0010/09/2005Charge for clearing Visa payment while overdrawn£30.0009/08/2005Charge for clearing DD/ SO while overdrawn£32.0009/08/2005Charge for unpaid DD mandate no 49£32.0009/08/2005Interest charged while account overdrawn£12.4409/08/2005Total for April 2005 - july 2006 (statements received)£1,576.73July 2000 - July 2001 (estimated)

 

£1,756.73July 2001 - July 2002 (estimated)£1,756.73July 2002 - July 2003 (estimated)£1,756.73July 2003 - July 2004 (estimated)£1,756.73July 2004 - July 2005 (estimated)£1,756.73£8,784Total claimed£10,360.38

Lets get it back

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