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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
      • 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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bearing v A&L


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Yes :)

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Is it possible to claim back charges on a closed account?

easiest question of the day, for me(I have been about a bit though ;) )

100% yes.

.

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

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Excellent news, thank you.

 

Next question, are all cases on hold or is it just for selected banks?

All cases are on hold

.

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

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Would I be claiming back 6 years from now?

This is a tough one, this site recommends all charges back to 1995.

Banks have a requirement under the FSA Waiver to provide information back to July 2001 ie 6 years prior to the OFT test case announcement. Under the Data Protection Act no time limit exists on data.

.

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

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This is a tough one, this site recommends all charges back to 1995.

Banks have a requirement under the FSA Waiver to provide information back to July 2001 ie 6 years prior to the OFT test case announcement. Under the Data Protection Act no time limit exists on data.

 

That's okay, my account was only opened in 2001. I was concerned that it would be 6 years from now.

 

So July 2007 is day zero then?

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That's okay, my account was only opened in 2001. I was concerned that it would be 6 years from now.

 

So July 2007 is day zero then?

Yep absolutamente

.

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

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Just printed out my S.A.R. and have addressed the envelope for posting tomorrow.

 

Am I correct in thinking that the cheque needs to be made out to Alliance & Leicester PLC?

 

And so the long and winding road begins.

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  • 2 weeks later...

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  • 2 weeks later...

Pretty quick with their reply, have my statements in front of me.

 

Looks like a total of £575 in charges.

 

Shall type up my Prelim letter later and send it by close of play today.

 

Do I need to amend the template letter at all to reflect the current stay or just keep it as is?

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Hi bearing

 

When you send your prelim don't forget to enclose a schedule of your charges and keep a copy of both.Keep letter as is :)

 

 

Ah yes the schedule would be a good idea. :grin:

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Great, our other account(budget) incurred charges from last month and I've just noticed they've applied £100 worth of charges to the account on Friday. Just called to ask if the charges can be returned as the money that was in there was to pay this months mortgage. I was told by the chap on the phone that nobody is able to refund it as the computer has added the charge.

 

Is he telling me that their entire bank is beyond human intervention? :rolleyes:

 

So any ideas on how to get the money credited back or am I going to have to rob Peter to pay Paul(C&G)?

 

And yes they will be getting a SAR in the next few days.

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