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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.

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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hi, Help!... and a slight rant.


Could_Be_Anyone
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Hi guys,

Firstly I'd like to let you know how grateful I am about finding this site, without which i dont think i'd have found any of the information that will allow me to proceed with my claim vs Lloyds.

 

Before I go about putting together the charges details of my claim I thought I'd better substanciate which charges I am entitled to claim for.

 

Warning : Mini-rant follows, but i felt it needed as although i know the bank charges are being contested now under the 'unfair charges' I need to clarify wether personal circumstances affect the unfairness.

 

Through admittedly poor diligence on my part I have incurred failed direct debit and unauthorised borrowing charges.

 

Due to my budget and my outgoings the current cycle of charges looks to continue, this has happened to me twice - the first time I received a pro-active call from my 'account manager' and visited my branch to discuss my situation, naively I assumed that this was to help me - at the time I ended up with my overdraft cleared BUT additional outgoings in the form of a loan. This was accepted on advice from my branch manager that "a quick injection of cash is the only solution".

 

The second time (currently happening) I noticed on more than one occasion that direct debits had been refused (and charged for) on a first attempt, then allowed (and charged for under unauthorised borrowing). This to me appeared to e a way of maximising their income by circumventing the 'maximum per billing period' for both sets of charges.

 

I then have visited my local branch to query how and when the banks decide when they are going to:-

 

a) Reject a direct debit and charge the failed direct debit fee.

or

b) Accept the direct debit and charge an un-authorised borrowing fee.

 

As the above information has not been made clear in any documentation I have received from the bank, the response I got was that they did not know in branch. I asked for the details of who I would contact to request this information and was told "nobody will be able to tell you that, all you need to know is that there is enough money in the bank to cover the charges" the implication being that my money management was solely to blame.

 

The above answer is the main driving factor behind me taking this further.

 

Given that the the above charges are 'according to the banks' categorically not penalties, and 'a service' i pay for, i found it objectionable that they were unable to give me information pertaining to that service that would allow me to account or budget for it's use.

 

Now I understand from reading the forums, that it's likely that 'manual intervention' is the likely mechanic behind the decision to allow or deny direct debits, and if this is the case would the above behavior be the 'unfair' part, or the actual financial cost of the charges.

 

Would I be right in assuming that both direct debit and unauthorised borrowing charges would be part of this claim, and given the ambiguity of the information provided could I also include failed direct debit charges incurred through companies I had direct debits set up for as I have never been in a position to determine wether or not said service would be provided before the decision was made ?

 

My apologies for the legnthy post but I hadnt seen any information concerning what about the charges are being considered 'unfair' and wether any of the above information is helpful...

 

Thanks in advance

C.B.A

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Banks deciding to pay or return an item is in 99.9% of the time automated. There is NO manual intervention. This is a standard reclaim. Furthermore, bank workers are sellers. If you got a phone it was because they wanted you to have a loan not that it was necessarily better in your circumstances. Never assume that banks' have your best interests at heart most of the time.

  • Haha 1

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Banks deciding to pay or return an item is in 99.9% of the time automated. There is NO manual intervention. This is a standard reclaim. Furthermore, bank workers are sellers. If you got a phone it was because they wanted you to have a loan not that it was necessarily better in your circumstances. Never assume that banks' have your best interests at heart most of the time.

 

Sound advice, taking it on board. Have an appointment with them again on friday thanks to a pro-active letter they sent... but this time i'm armed with some experience and facts...

 

Will see how this goes.

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Sound advice, taking it on board. Have an appointment with them again on friday thanks to a pro-active letter they sent... but this time i'm armed with some experience and facts...

 

Will see how this goes.

Face 2 face meetings with staff are simply a waste of time. Branches have absolutely no leeway on charges at all. A Bank charge is a bank charge period. Whether you say it was a service you didn't want/agree to, it is clear that the obvious argument is that you agree to the changes to the terms and conditions. You and I know that they will pay the money back eventually.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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I do love a good rant so I'm subbing.

I do very little but I do it very, very well :cool:

 

If I've helped give my scales a click

:smile:

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

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At the very least I shall ensure that despite her best efforts, attempts to sell me something are futile, and I wonder just how much of their time I can consume...

 

I've a particular chip on my shoulder about sales through service or as i prefer to think of it 'taking advantage of a captive audience'.

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At the very least I shall ensure that despite her best efforts, attempts to sell me something are futile, and I wonder just how much of their time I can consume...

 

I've a particular chip on my shoulder about sales through service or as i prefer to think of it 'taking advantage of a captive audience'.

 

When I worked in the bank and posted on here I hated the fact the posters felt that those at the bottom were the ones you had take it out on. In fact it is those in glass houses that needed a good kicking(if I can say that). You can waste the persons time all you like. A bank is a sales shop. Branches can be seen as stores.

When I was trying to cut my outgoing Lloyds was trying to give me a contents insurance quote. I understand the culture but one a seller ALWAYS a seller.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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When I worked in the bank and posted on here I hated the fact the posters felt that those at the bottom were the ones you had take it out on. In fact it is those in glass houses that needed a good kicking(if I can say that). You can waste the persons time all you like. A bank is a sales shop. Branches can be seen as stores.

When I was trying to cut my outgoing Lloyds was trying to give me a contents insurance quote. I understand the culture but one a seller ALWAYS a seller.

 

I understand that they are essentially stores full of salespeople. That I can understand and appreciate, and if thats how they advertised themselves i would simply have told the lady that i wasnt interested in any additional products right now.

 

Luring me into the branch (wasting my time) with a false promise of being able to assist me with my situation (which we know is unlikely) is in my opinion deceitful.

 

For the avoidance of doubt I spent time working in both a straight sales environtment (shop floor sales) and several years (still there) in customer service (yes... call/correspondence centre's) where sales through service were/are rife, and depressingly for me given more importance than actually resolving issues and helping customers...

 

Rest assured that if she's honest, she'll get no hassle from me. At the least she should be able to provide me with details of the charges.

Edited by Could_Be_Anyone
spellong
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Had my visit at a different branch this time.

 

Result - Shocked.

 

Bank charges due for next 2 months have been wiped off (£300+) and didnt try and sell me anything !

 

Another colleague gave me a quote for a remorgage but I asked for it and she wasnt pushy at all. Credit to their profession and I told em so.

 

I've had at least £650 charges over the last couple of months...

 

and more before that... now waiting for that £10 fee to turn up for SAR.

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