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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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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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Unable to open parachute a/c what now?


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My hubby wants to go ahead with getting his bank charges back but is faced with the following problems:

  • he has applied for another account in case his bank decide to close the account in question, but was declined. What i am wondering is, can he have his pay put into my personal account (which is in my name only, but is with the same bank, but different branch), or does it have to be an account in his name, he has several direct debits and one standing order on the account. Failing that, if he cannot use my account, do you suggest that I add him onto my account as an additional account holder? Could they still close this account,if he was to be added, as i am the main account holder?

  • he also has a loan outstanding, could the bank be awkward and demand he pays it all back, if so, what is an unreasonable request to do it, so if they say he has 1 month to pay it all back is this deemed as unreasonable and could he take it to court?

  • when you are claiming your bank charges back, do you deduct a "reasonable" amount from it that the bank are entitled to (say £5.00 to cover their costs) or do you claim the whole shebang. Can you also claim back interest charged on the overdrawn amount or is the bank quite entitled to charge this as well as bank charges?

 

He has been paying alot of bank charges and really wants to claim them back but seems to have fallen at the first hurdle. Can anyone help with these questions please, thanks very much

claiming £1625 for myself and £2587 for hubby from 2001-2006

prelim letters dated 25/9/06 sent recorded 26/9/06

letter received from bank offering me £1460 which i am accepting, money was in account 3 days after sending letter of acceptance

lba for hubby to be sent on 12/10/06 if no full refund

Start legal proceedings and add 8% interest and court costs 1/11/06 if still no refund

27/11/06 County court claim started for £2969 inc interest and court fees, no defence entered by HSBC

21/12/06 RECEIVED A JUDGEMENT BY DEFAULT FOR £2969, No money yet though.

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Hello and welcome, i would strongly recommend that you read the FAQ.

 

Having said that i'll try and answer your questions.

 

1. He should be able to open an account with someone, alot of banks have basic accounts which are open to just about everyone.

 

2. There is no reason why he's employer shouldn't pay the money into your account.

 

3. He is not claiming against the loan account and since he has a seperate agreement covering the loan they can't just call it in, even if he is suing them.

 

4. Claim the whole lot, if they want to tell you what a reasonable amount is and that they want it deducted from your claim then thats fine, at that point you can discuss it (and also ask them if that is their reasonable amount why were they charging you £30 odd quid a go)

 

Now go and read the FAQ before you do anything else, and good luck.

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On point 3 on a technicality, they can call it in if it is in default OR if he has in arrears they can make the arrears instantly repayable and if he unable, put him in default

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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  • 1 month later...

Hi, thanks for the replies, we managed to get a joint account opened with another bank, just in case they decide to play silly bug gers.

claiming £1625 for myself and £2587 for hubby from 2001-2006

prelim letters dated 25/9/06 sent recorded 26/9/06

letter received from bank offering me £1460 which i am accepting, money was in account 3 days after sending letter of acceptance

lba for hubby to be sent on 12/10/06 if no full refund

Start legal proceedings and add 8% interest and court costs 1/11/06 if still no refund

27/11/06 County court claim started for £2969 inc interest and court fees, no defence entered by HSBC

21/12/06 RECEIVED A JUDGEMENT BY DEFAULT FOR £2969, No money yet though.

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