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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
      • 160 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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Summerbreeze business claim


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My son has been trying to establish a small business which has been 'up and down'

 

He has a business bank account that has no overdraft facilities and thats because he has a poor credit history.

 

He has just told me that he has been charged over £2k in bank charges for unpaid cheques over a 3 month period . Each cheque was presented twice and he was charged £35 each time.

 

Now I know he was stupid for continuing to write cheques if he couldnt cover them but hes a bit of a Mr. Micawber and always lives in hope of something turning up !

 

He is really struggling and has a new baby daughter.

 

Is there any chance of trying to get any of this huge amount of money back?

 

I have no experience of reclaiming charges but have experience of fighting DCAs so wish to help him if I can.

 

I have told him that if he manages to get the charges back the bank may close his account [ is that true ? ] and he is prepared for that.

 

The way the business is going he may not need the account anyway .

 

Any advice gratefully received

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Hi SB.

First of all,it would be great to have some more info.

1.Which bank is it ?

 

2.When was the account opened ?

 

3.Is there an agreed overdraft on the account ?

 

Please let us know so we can advise further.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi Martin

 

Thank you for replying

 

Its Nat West.

 

It was opened this year .

 

There is no agreed O/D . he has asked for an O/D a few times but because his credit history is poor they refused.

 

Please ask if you need more info

 

Thanks

SB

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Thank you sorry yes you did say no overdraft in opening post.

So theres 2k charges over 3 months for unpaid cheques-what about unpaid direct debits and standing orders has there been any of those too ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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SB - do warn him that they may decide to close the account. Lloyds have just done that to me for having 8 unpaid items since April :(

 

Of course, at £35 a time, us lesser mortals think it would make sense for them to keep our a/c's open but since when have we ever seen evidence of a bank acting sensibly :lol:

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They cannot close his account for seeking charges to be refunded.

The FSA and OFT have issued stern warnings for this.

In fact some CAG members have been awarded compensation for it.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Thank you sorry yes you did say no overdraft in opening post.

So theres 2k charges over 3 months for unpaid cheques-what about unpaid direct debits and standing orders has there been any of those too ?

 

 

Hi Martin

 

They are all unpaid chqs.

 

Did you get my message ?

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Yes will be back to you soon-I am checking something out first.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 4 weeks later...

Ok has there been any further action by the bank on this ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Thanks for moving my thread Steven.

 

I am in battle with Student Loan Co. at the mo and trying to get 2 x kids off to uni this week with no funds in place ...total nightmare

 

Hope to be around and post a bit more soon.

 

I definitely need some help with my older sons Nat West business account mess .

 

Thanks again

 

SB

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  • 2 months later...

I am getting ready to try to address my sons business account problems now.

 

His business has failed and closed down . He has minimal income , a partner and a 6 month baby.

 

He had no overdraft facility on the account so the unauthorised OD is totally made up of charges on charges and default interest.

 

The deficit stands at somewhere around £3500 and rising.

 

The bounced cheques that he wrote were all allowed to be presented twice at a charge of £ 35 each time so £ 70 per cheque in charges and then unauthorised OD charges on top.

 

I know he was a fool for issuing cheques when he had no funds but he was always hoping things would improve. Alas they haven't.

 

So where do I start? and does the recent OFT loss have any bearing?

 

Thanks for any help

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Yes you can do a SAR Steven if the statements were addressed to individuals.I have done 2 SARs to Barclays.

Even if it was a partnership.

Barclays would send bank comms to home address of both partners.

Banks do this to cover themselves to recover liability.

Only very big concerns are treated as companies.

SB ask son to check comms and anything he got from bank to verify this point.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Yes you can do a SAR Steven if the statements were addressed to individuals.I have done 2 SARs to Barclays.

Even if it was a partnership.

Barclays would send bank comms to home address of both partners.

Banks do this to cover themselves to recover liability.

Only very big concerns are treated as companies.

SB ask son to check comms and anything he got from bank to verify this point.

 

Hi Martin

 

I have seen some of the statements and they are just in my sons name and then the business name

as in

 

Mr A ...

So and so business

 

I think he also has some communication like this

 

Mr A ...

T/as So and so business

 

What do you think ?

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Yes is the same as mine I would say that its personal data since its addressed to him.I have only heard of a refusal for a SAR from a limited company request.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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