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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
      • 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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Is it SRFrench's case ? (don't need any more detail I have just been wondering how he got on but thought he was at Leeds CC)

 

No it isn't. I'd wondered about him too.

 

I'm sure if the person had wanted to post about it they'd have done so. I'd rather respect their wish for privacy.

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Of course Caro, I respect that. It is a shame but with the very personal emphasis on any case still in the courts system, particularly where based on unfair relationship, I'm not suprised those who have tried to carry on after the SCoJ judgment prefer to keep their cases private. I think if these cases do become public in future people will be suprised just how many people are determined enough, and feel so badly treated, to carry on despite the costs risks.

 

Looking on the positive side, at least we have some progress in changing the future with BCOBS and revisions to the Lending Code, some excellent steps forwards :)

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P.s. Like the blog post linked in your sig :) - echos my sentiments exactly xx

 

Thanks. I guess we've both seen the same things happening and drawn the same conclusions on this issue.:-)

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  • 2 weeks later...

Isnt it just :)

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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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Unfair bank charges update from Govan Law Centre.

 

''The Scottish Legal Aid Board have granted full civil legal aid certificates in the cases of Sharp v. Bank of Scotland plc and Reid v. Clydesdale Bank plc. This will enable Govan Law Centre to argue that the overdraft charges applied to our clients' current accounts were unfair in relation to s.140A of the Consumer Credit Act 1974, as amended, and separately, regulation 5 of the Unfair Terms in Consumer Contract Regulations (on grounds excluding price in relation to the UTCCR as per the decision of the UK Supreme Court in OFT v. Abbey National plc and others).''

 

Tnks for updating Contador

 

m2ae

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I have a funny feeling the banks may well panic now. They clearly were worried about defending against the claims, hence why they wanted to go down the expensive route in the hope it would make Sharpe and Reids claims to expensive for them to follow up.

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

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Oh , well done , Mike Dailly ... you have really fought your heart out on this issue ... may it bear fruit ... and open the claims floodgates once again ...

 

With ref to your comments above means2anend :

 

I don't think costs are such an issue with small claims .. which is why the Banks' wanted to price Reid & Sharp out of the game ... by convincing the Sheriff that it was "too complicated a matter for the Small Claims Court " .

I hope this bites them in the bum now and they get done for mega- costs in the High Court ... serve 'em right ... :)

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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Hee hee ! So is Mr Dailly crusher :lol:..... good to see you remotivated though .... :-D

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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Well done Mike and everyone at GLC. This is certainly a step in the right direction.

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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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VERY PERSUASIVE...anyway these are UK BANKS anyway..

 

the UK as a whole are EU MEMBERS...it would be strange for one part within that EU MEMBERS AREA to be disjointed....especially under the principle of Harmonisation...

 

As has been mentioned/quoted in this thread on past posts there are EU cases in favour of the debtor...and it appears although very slowly that these (SHARP...REID et al)... cases are beginning to 'swim in that direction'

 

m2ae

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As I understand it, the basis of at least one of these cases was that the banks have to show the charges "cover their costs" which is what they used to claim - and that is what they were to be forced to show. At least that's how I recollect this starting off before the banks got worried and tried to get it away from the Small Claims Court (part of Sheriff Court system). Incidentally District Courts are inferior to Sheriff Courts up here.

 

BD

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Don't know - just know Sheriff Courts are more senior, and Sheriffs are pretty powerful up here - not the sort of people to upset at all as hopefully HBOS will soon find out when a Sheriff deals with the "complicated" case of by how much you can rip off a customer before it is counted as a rip off!

 

BD

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