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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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Bank Charges Campaign Continues


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So, good news the subject of the Banks is being put back in the fore ground and Panorama tonight covers this issue. I'm so glad Mr Vince Cable is becoming more vocal again on the matter as although we have a coalition government all we seem to be hearing about is Mr Cameron's 'Big Society.' Time for the other side to be heard.

 

If a government minister says we are being ripped off, more reason to pursue the reclaim of charges.

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Originally this petition was due to close 2 Feb 2011, but since the new government came in this became 6 June 2010.

 

That clearly stinks.

 

 

The person who started the petition will write to Mr Vince Cable concerning the early termination.

 

We shall overcome!

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Didn't realise the programme was on until after it finished. Will have to watch later.

 

Glad to see you living up to your CAG name Termi.;)

 

Also good to hear that Vince Cable is still flying the flag on behalf of the consumer against the banks. :D

 

It remains to be seen what George Osborne will do in light of the report from the Which? Big Banking debate.

 

The Next Steps | Future of Banking

 

Now we all know who our MPs our I believe it's as important as ever to make our views known to them, whether by letter, email or in person at local surgeries and encourage them to support the cause and point Mr Osborne in the right direction.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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You're missing the point yourbank. The point is that if, and I mean IF, the law says that bank chargeslink3.gif are fair then the law needs to be changed. It is governments that change laws, and it's the electorate that appoint Governments. If we wait around for new arguments to emerge and be tested, we will miss the opportunity to galvanise candidates of all parties to take up the gauntlet on behalf of bank customers, and it will probably be another 5 years before we have this opportunity again.

 

i have to disagree Caro MPs may change the law by statute but it is the SUPREME COURT WHO DECIDE WETHER TO FOLLOW THE LETTER OF THE LAW after all look at John Story what a disgrace that was seems the judge decided not to look at the statutes and to make his own law ?

patrickq1

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So what's the answer then patrick?

 

Governments make laws, judges overrule them, and the banks continue to do as they like.

 

We should not accept it, and so far the courts have spectacularly failed to take up the gauntlet on behalf of the consumer.

 

As for direct action - the most direct is to take our custom away from the banks, but unless people do this in massive numbers, the impact is likely to be minimal.

 

 

I don't know what will work, but I do know that if nothing is done nothing will change, so we have to try and find a way to get justice for the man and woman in the street.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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Hm. Perhaps the Tories are less keen to listen than Labour.:rolleyes:

 

The most pro-active people seem to be the good people at the Govan Law Centre, but it looks like it's still going to be a long haul if they go to the EU.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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Just in case anyone missed the case of Walls v Santander, in which Santander convinced a sheriff that a bank charges case was too complex to be in the small claims court.

 

 

Mike Dailly has confirmed that the fight continues.:D

 

Quick note to say we haven't advised any of our clients to give up!

 

We've enrolled a motion to sist (stay) in Walls v. Santander UK plc pending an application to the European Court of Human Rights (ECtHR) in Walls v. United Kingdom. The ECtHR has to first determine whether the application is admissible (having regard to its new, revised criteria). Admittedly, the ECtHR process is slow, but that does not cause any difficulty.

 

Essentially, this approach is designed to preserve our client's rights, prompt law reform, and also to potentially protect the rights of other consumers who have to drop the cases for fear of costs i.e. because if the ECtHR case was successful (in principle) certain consumers might be entitled to sue the state for damages. Not ideal, as it should be the banks, but at least it could preserve a right to recompense for disenfranchised citizens.

 

The key target is of course the banks and their unfair charges. In that regard, we have a number of cases proceeding (including Sharp v. Bank of Scotland plc, and Reid v. Clydesdale Bank plc, among others).

 

The banks have put forward highly technical and complex legal defences which will require to be 'debated'. It won't be easy, they are throwing a lot of money at defending these cases, and we do not underestimate the challenge, however, I anticipate having a decision on the banks relevancy and competency defences later this year.

 

So, at present there is no reason to give up hope.

 

Mike

Govan Law Centre

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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Thanks Termi. Keep the flag flying.8-)

 

I'll have a good read of that over the weekend.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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Let's hope that thought turns into action!

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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This Week programme also good. If the bankers are making so much profit then they can stop taking extortionate charges because they keep saying they don't profit from them! They can afford the charges refunds and they should get on with it as by reducing the amounts they charge is an admittance they were unfair, extortionate and wrong.

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Yes I agree with you both. The banks should also immediately stop the judicial review into ppi which is holding up so many claims. The money claims would cost them even if every single customer reclaimed is a fraction of their bonus pot. How stingy is that? Oh but the tine for remorse is over is it Mr Diamond?

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Yes I agree with you both. The banks should also immediately stop the judicial review into ppi which is holding up so many claims. The money claims would cost them even if every single customer reclaimed is a fraction of their bonus pot. How stingy is that? Oh but the tine for remorse is over is it Mr Diamond?

 

Absolutely. I haven't seen any evidence of remorse from any of the banks. It's an absolute farce.:mad2:

 

http://www.telegraph.co.uk/finance/newsbysector/banksandfinance/8253549/Bob-Diamond-bites-back-at-Treasury-Select-Committee.html

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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  • 4 weeks later...

Watched Rip Off Britain tonight. I applaud the programme for highlighting the disproportionate bank charges, but at the end of the programme the message was nothing can be done about extortionate bank charges. I think the message should be 'with continued pressure on the Banks by the people to stop this practise by making the government see it is unfair and profiteering by banks, these charges can be reduced to reflect the true cost.'

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