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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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Informal overdraft arrangement fees


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Hi,

 

I have looked through the forums, and found them very helpful. Although...

 

I was hoping to get some clear advise on the first steps of reclaiming bank charges.

 

I have been with HSBC for around 2 years, and sorry to say have exceeded my overdraft quite a few times (of which a £25 fee is charged for every transaction). I have only just found that there is a way I can reclaim this - after researching having found a "charges are due to be applied to this account" - which is £153 (inc. interest) from the period July - Sep.

 

With the pending test case - am I likely to be able to claim any of it back?? Or at least scare the bank into stopping this charge which is due on the 23rd Sep.?

 

I look forward to receiving your comments!

:)

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Hi jamdodger , welcome to the forum :)

 

Right, then - what you need to be aiming for, if there is a considerable amout of these charges - is to get a claim up and running - and eventually to the 'stayed in court' stage .......

 

However , first things first , you asked for guidance on procedure :

 

Links for new starters

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

Templates library

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

 

I think this should help get you started..... , first off, get your SAR sent off (recorded delivery ) as soon as you can , that'll give you up to 40 days to work out the next steps ......

Basically the plan layout is :

1. Work out how much they owe you in unlawful charges

 

If you want to go back 6 years send a Subject Access Request -

 

http://www.consumerforums.com/resour...access-request

 

This gives them 40 days to cough up everything they have on you , which will give you a good chance to read up on further action ........

 

2. Send a Preliminary Letter asking for it back(they'll try to put you off )

 

http://www.consumerforums.com/resour...-for-repayment

 

3. Send a Letter Before Action (which they'll either ignore or try to waffle you out of it )

 

http://www.consumerforums.com/resour...n-bank-charges

 

4. Lodge your claim with the Local Small Claims Court ......

 

Come back at any stage and we can guide you further - someone will always answer and we're a friendly lot on here ..... :)

  • Haha 1

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Hi Johnnymitch,

 

Thanks a lot for your reply!

 

However, unfortunately the 'resourse' links you have provided don't seem to work?

 

Also, in regards to sending a SAR - seeing as I have only been with them for 2 years, and believe I can see all charges that have been made through my internet banking statements - is it necessary to send one? Or should I just continue with sending the preliminary letter?

 

Finally, do you know of any way I can stop the iminent £150 due on the 23rd? - Or do you think they would even be willing to either move the charge 2 days (until payday)... or even spread the cost over 2 months? Or would I be wasting my time asking such things?

 

I greatly appreciate your time in replying.

 

Josh

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Sorry about those access links Josh , I can't understand why they're suddenly not working ...... however , you'll find them all on the Templates Library link which I gave you ..... which seems to be working at this end .....

 

However , if you've got all the info you need without sending a SAR , then skip that stage and go straight to the Prelim Letter ....

 

I don't hold out much hope of you being able to stop that charge hitting your account ....... however , local bank managers do have leeway to head these off ,( if they've a mind to:rolleyes: ) and , if you don't ask , you don't get ...... so it may be worth a try - I think it's better face-to-face though .... they hide behind anonymity on the phone .......

 

Let's know how you get on .... :)

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Just thought , one of these spreadsheets might help you to work out what they owe you ...... send them a copy , without the 8% Interest column at this stage (it's not applicable until you get your claim to court .... but at least it works out the interest for you day - by- day ...... so you don't have to ...

 

Bank Accounts

England - Simple - Excel

England - Simple - Works

England - Simple - OpenOffice

England - Advanced - Excel

England - Advanced - Works

Or – for the brave – Interest on Interest ...... by bankfodder

 

http://www.consumeractiongroup.co.uk/forum/general/201984-why-let-your-bank.html

 

Explanation of Advanced spreadsheet calculations(courtesy of pete castlebest

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/180009-about-sar-hsbc.html#post1996894

Edited by johnnymitch
Tidying font marks .....

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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