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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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Sheriff puts Bank of Scotland to proof on bank charges


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This wait is killing me! Having been married for over 40 years I'm just not used to so much silence.

 

However I suppose we've just got to think that no news is good news - but it's bl**dy frustrating just how these banks are managing to find more ways to hold on to the money they've taken from us in all these unfair charges over many years!

 

BD

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I agree it is frustrating but I understand that Mike Dailly is involved in a great many things at the moment. I'm sure it'll be worth the wait.

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Morning all,

It means that a 'Confidentiality agreement' has been entered into by the parties. To put it bluntly, Clydesdale Bank plc has 'paid off' the Reids and they have received an ex-gratia (As a favour; not compelled by legal right) additional payment, which is probably quite substantial to 'keep quiet' about the settlement.

Best wishes

 

Dougal

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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Means that Clydsdale know they can loose a lot of money if they carry on and loose, so have tried to limit their possible losses. Limitation of loss exercise., If a judgment goes against them the judgement could probably set precedence against other Banks etc. So everything seems to be back to sqauare one i.e. none the wiser.

Edited by Old Cogger
:mad2::-x:jaw::sad:
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Means that Clydsdale know they can loose a lot of money if they carry on and loose, so have tried to limit their possible losses. Limitation of loss exercise., If a judgment goes against them the judgement could probably set precedence against other Banks etc. So everything seems to be back to sqauare one i.e. non the wiser.

 

Morning again

 

I think this is a good interpretation, HOWEVER, you could read between the lines and see that there may be other comparable cases which could be settled by Clydesdale, and there is the faint possibility that other cases may be substantially similar to the Reids, but against different banks.

 

Perhaps a look at the early stages of the case (if it is on the net) might assist, and provide perhaps some clues as to a way forwards? Maybe I am also 'clutching at straws'? !!

 

Best wishes all,,

Dougal

 

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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I wish Mike Daily and govan law was in England so they could act for me :violin:

 

 

EDIT but i can send the details if he wants to know lol

Edited by rdm2006

HTH (Hope This Helps) RDM2006

 

THE FORCE (OF CAG) IS WITH YOU

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now thats an idea, easier to get a job there (allegedly) lol

HTH (Hope This Helps) RDM2006

 

THE FORCE (OF CAG) IS WITH YOU

;)

 

We've Helped You To Claim - Now Help Us Remain

A live Site - Make a Donation

 

All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

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Evening all,

 

Whilst there may be a confidentiality clause - it at least means that Mike Daily may now know what is needed for the Banks to 'cave in' ??

 

Any ideas on that anyone??

 

Best wishes to all,

 

Dougal

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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shame they could not have told us that weeks ago tho

HTH (Hope This Helps) RDM2006

 

THE FORCE (OF CAG) IS WITH YOU

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All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

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Why not show your gratitude And

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Evening all,

 

Whilst there may be a confidentiality clause - it at least means that Mike Daily may now know what is needed for the Banks to 'cave in' ??

 

Any ideas on that anyone??

 

Best wishes to all,

 

Dougal

 

at a guess, pretty much what the supreme court previously hinted at?

as said, the bank didn't seem to want to proceed either for economical or legal reasons, or both.

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Let's hope that it's only a matter of time before this tiny trickle becomes a mighty torrent as more cases are won, and inevitably information leaks into the public domain.

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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Maybe. Depends how much the banks want to keep out of court .....

 

Must be a reason they're beginning to settle .......

 

We don't want another farce like the last one with the OFT though, so it would be good to see it finally resolved.

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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without a court decision, no starting precedent as such. all out of court. yes, as you say, if they're settling out of then they could be afraid of something. something to go on. but, would need a decided case to start things off universally. can't use an out of court settlement as authority in argument!

Edited by Ford
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