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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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Sheriff puts Bank of Scotland to proof on bank charges


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I thought that might happen, so I have a copy if anybody wants one.;)

 

Els

 

I would like to see a copy of that please.

 

I have been involved in a stand off with the bank but they seem to be moving in again.

 

I am going to start a new claim as the FOS put my last one on hold then dropped it after the high court decision on fairness.

 

I now need to submit a new claim.

 

Where should I go from here?

 

Thanks

Gloyal

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BUMP on #725

 

Kenny, go to the first post in this thread, click on the GLC link hten check out their arichive pages for the answer you seek :)

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Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 2 weeks later...

Well CitizenB - I've been through all the 2010 archived pages at GLC and, yes, there is reference to the various 'shenanigans' of SharpvBOS and Walls v Santander but I still can't find a date for the hearing. I did leave a question on the GLC site some time ago but can't find my darned way back to it to see if they replied!

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Yeah, the recent "site upgrade" makes it damn near impossible to check what you, or others wrote some time back, or even find old and useful threads.

 

In my view, this makes the Nu CAG a poorer place. All that has been achieved by the hard work many many Caggers over the last four years has been lost.

 

If not, show me where I can find, say all of PT2537's posts and threads.

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Yeah, the recent "site upgrade" makes it damn near impossible to check what you, or others wrote some time back, or even find old and useful threads.

 

In my view, this makes the Nu CAG a poorer place. All that has been achieved by the hard work many many Caggers over the last four years has been lost.

 

 

If not, show me where I can find, say all of PT2537's posts and threads.

 

noomill, top right hand side of screen.. click on "Advanced search" and pop in pt2537 in the "user name" box. Tick whatever you want to be searched for ... there is a box for "posts" and you should bring up all posts made by pt :)

 

 

 

 

HTH

Edited by citizenB
removed non working link

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Or go to the user's profile page where you will be able to find links to all posts or threads for that user.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi Kenny

 

Why not just Google 'Sharp v Bank of Scotland' ...... there's a few sites on there ......... bound to be an answer to your query amongst that lot ! :-)

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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Try searching on this thread for posts from "Mike" or GLC. I know Mike Dailly of Govan Law Centre did post just after one of the cases was heard - but not sure exactlky when or what his ID was. Have you checked the Govan Law Centre site?

 

BD

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http://www.consumeractiongroup.co.uk/forum/showthread.php?267929-Santander-succeed-in-having-charges-case-removed-from-small-claims-track&p=3052003&viewfull=1#post3052003

 

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

 

 

M1

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I agree with elsa Mike ....thanks for the update .....it'll give our Caggers hope that all is still to play for ...

 

I will copy the shortcut to your post #739 - it'll help a lot .....

 

Thanks again

John

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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I agree with elsa Mike ....thanks for the update .....it'll give our Caggers hope that all is still to play for ...

 

I will copy the shortcut to your post #739 - it'll help a lot .....

 

Thanks again

John

 

 

Please use the link i posted to Mike's post and not to my post so i don't get pm's that i can't answer.

 

M1

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OOps ! looks like I missed that one from July :oops:.... but not to worry I think it's still a strong encouragement :-D............

 

OK M1 point taken - I'll use Mike's post .....

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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Not totally favourable ...... the SC left the door open for claims under other sections of the regs .......pity they hadn't directed that these were operable.....

 

But I think the banks are trying to close loopholes - with a bit of luck they'll shoot themselves in the foot again ....as they did after telling the SC that charges were part of their operating profit ......... having told their customers that that was what it cost them to deal with overdrafts etc .

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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Not totally favourable ...... the SC left the door open for claims under other sections of the regs .......pity they hadn't directed that these were operable.....

 

But I think the banks are trying to close loopholes - with a bit of luck they'll shoot themselves in the foot again ....as they did after telling the SC that charges were part of their operating profit ......... having told their customers that that was what it cost them to deal with overdrafts etc .

 

Not to be picky JM but the same section of the regs can still be used but the REASON/ARGUMENT can not be based on level/price.

 

sorry just to be clear ......

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mystery1 - very timely info; I wasn't seeking strategic info just where we are at, and what directions were issued at the last hearing. Hadn't seen the despicable Angela 'crowing' so I gathered the banks had not won. Had heard undertones re Walls but had lost all trace of Sharp. Will the grounds being deployed in the Sharp case be 'debated' in court and if so when?

I anticipate having a decision on the banks relevancy and competency defences later this year.

 

Again any ideas as to timing?

Never will 'give up hope'.

Ken

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