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

 

I switched banks from Alliance and Leicester before christmas with the account slightly overdrawn (£85) with the intention of paying it off in the new year and closing the account.

 

Unfortunately I forgot all about it, an insurance company incorrectly took a direct debit payment with took the account over the agreed overdraft limit of £100

 

Alliance and Leicester did not write to me to advise about this for 3 months and they have added their £5 a day unauthorised overdraft charges plus others on. They are now attempting to collect £653 from me and have made mince meat out of my credit rating.

 

I am aware that the Direct Debit guarantee allows immediate refunds of incorrect payments made but does this include the charges that have accrued as a result of this?

 

I have written and complained but responded with garbage saying that the charges are correct and that they won the court case!

 

Thanks

 

Matt

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hi there i hope someone puts on a decent and knowledgeable reply as im in much the same situation as yourself only i didnt set up an agreed overdraft . i actually was £3 in the green and the atm let me take out a tenner then the account snowballed from then on till around the same as yourself.

i have also recieved the charges are correct and that they have made their final decision......

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Hi there,

 

Firstly, there is no obligation on the bank to provide a safety measure that will prevent you withdrawing more than your available balance. My advice would have been to make good the account as soon as possible in order to prevent charges building and possible damage to your credit record.

 

However, it appears that the matter has gone past that point now. As you will be aware the bank charges test case verdict put pay to disputing the fairness of bank charges based on their value or the fact that they are penalties. That said, you can still challenge the fairness of the circumstances in which the charges were applied aswell as the fairness of the relationship between you and the bank that allowed them to levy the charges from your account in the first instance. You would now have to use Reg 5 of the UTCCR 1999 and Section 140a of the Consumer Credit Act 1974.

 

Mike Daily is a solicitor who is representing a bank charges victim who I believe will be the first to test this new argument in the scotish courts in a hearing set for June this year. Follow this link for further information.

 

Sheriff gives go-ahead for bank charge cases - Herald Scotland

 

So in theory come the middle of the year you may fnid that there is a reasonable prospect that you too can recover/have removed your charges under the use of this different legislation.

 

If you dont want to wait and go the court route you could go down the route of making a complaint to the FOS (Financial Ombudsman Service). Now, a bank will have to pay a £500 referral fee if you make a complaint to the FOS so they may be inclined to resolve the matter before hand. The FOS will be more interested in the circumstances surrounding the charges being applied to your account rather than wanting to see a templated legal argument. Personally, I think you would stand a good chance given that your problem was caused my such a minor error; however, it would depend on your previous account conduct - you wont fair well if you haven't been a good customer I'm affraid.

 

May I ask, how much in charges have you managed to rack up so far?

 

Best Regards,

 

TFT

09/07/09 :)Business Studies BA(Hons) 2:1:)

 

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Valley Leisure - complaint about collections agent

£160 part refund of gym membership in compensation - 01/02/09

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GOGW £10 - 01/05/09

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Thanks for the reply appreciated ....

i think the charges are at 675 or so and they have said that the account was frozen but i must check my credit rating as god knows what the swines are up to behind my back , and their cust. service aint very helpfull either ....i have informed the financial ombusman and will try that route....

 

thanks again

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