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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
      • 162 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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Debited interest intregues me.


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Hi all this is my first post!! I have had enough!!!! So I sent a letter to the bank asking for all my details over the last 6 years etc. All has gone well, I have received a detailed account of the full charges and I was blown away!!

 

My question is, can I also claim for the debited interest that has been applied to my account. If so, can I charge the interest on this also??

 

My account is with Halifax and I will take it to the streets if needs be!!!

 

J x

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Hi

 

There has been much information about interest on charges so have a good look around the forum. My understanding is that if you have incurred debit interest as a result of being overdrawn as a direct consequence of unlawful charges than you can include this in your claim. You cannot claim debit interest on the proportion of the overdraft that exists before charges.

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Super duper!

 

I now realise that interest isn’t charged unless I take it to the streets (go to court) so I’ll be happy to walk away with an out of court settlement of the full amount (£2886.0 before interest) I just ain’t gonna let go of this bone!!

 

Thanks mas101

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  • 2 weeks later...

Here is the response to my initial request for the reinstatement of the charges

 

 

Initial request for reimbursement of charges reply

 

 

 

Dear XXXX

 

Thank you for your recent letter. I tried to call you to discuss your but you weren’t available to take my call.

 

I am sure you will appreciate that like other organizations we incur costs for every transaction made. When we pay an item against an unauthorized overdraft or return an item unpaid, we incur costs regardless of the shortfall involved. We belief it is fair to pass these costs on to the accounts affected rather than absorb them into other areas of our operations, penalizing all other customers as a result.

 

We clearly outline the charging policy in the terms and conditions that apply to your account. In addition, we are committed to complying to the Banking Code, which sets standards for good banking practice for banks and building societies to follow when dealing with personal customers. The terms and conditions of your account state that you must have funds in your account to cover your transactions. We cannot be responsible if you have authorised payments against funds that were not available.

 

We are keen to help you to avoid any unnecessary charges by providing various ways to keep track of your account. You can do this via telephone banking, online banking of mini statement at cash machines. You can also contact one of our banking advisors at any of our branches.

 

Here it comes folks!!!

 

Ultimately it is your responsibility to manage your account. However, as a gesture of goodwill I am prepared to refund 286.00 of charges in full and final settlement of your complaint. I must stress that future valid charges will stand and we reserve the right to close your account if you do not manage it correctly. If you are pre-paid to accept my offer, please sign and return the enclosed acceptance form in the pre-paid envelope.

 

You recently received a copy or our leaflet explaining our complaints procedures. Should any of your concerns remain unresolved please let me know what you’d like me to do to put matters right. We are keen to resolve your concerns,if we are unable to do so we’ll provide you with details of how can contact the finantial Ombudsman Service for help. If I don’t hear from you in the next eight weeks I will assume you are happy.

 

Damien Bradshaw

Customer Relations Manager

Core business team

Customer relations

 

 

It’s the sort of response I was expecting, my questions are:

 

Is this a pretty much the sort of letter you good people received after your first request? There seems to be a veiled threat to potentially close my account should I just make preparations for this eventuality? Also, considering that my claim is for over £2880.00 and I am in no way going to settle for £286.0 what’s do I need to include in my next letter?

 

Thanks for your help in advance

 

J x

 

MODERATED please can you stick to your original thread .This is for your benefit and also for the benefit of others following your case.

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j, I'd also advise you to conduct this in writing rather than in telephone conversations with the bank.

 

If you do feel that you'd rather use the phone, please record your calls.

 

Good luck, keep us posted.

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Thanks monkey_uk!!

 

 

That’s a great bit of advice!! I will continue to avoid any telephone conversations with them. I Agree it will not further my cause if I allow them to try to gain leverage over the phone.

 

 

Jx

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I got the same letter on thursday, they offered me £310, i am claiming £2713, I phoned and told them no thank you and followed up with an e.mail to customer relations.

read my thread. denied reciving initial letter

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Hi folks!!

 

What do you think of this for my LBA??

 

 

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

You are now aware, I understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

Again, I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

The offer to refund £286.00 of the charges as a 'gesture of goodwill' in return for a full and final settlement of my complaint is wholly unacceptable and my concerns remain unresolved.

 

I calculate that you have taken £2,886 plus £34.35p which you have charged me in overdraft interest for the sum which you have taken. Total £2,920.35p

 

I require repayment in full of £2,920.35p. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus 8% interest plus my costs and without further notice.

 

 

 

 

 

Yours faithfully,

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Thank for the message on my thread,

I phoned first and declined the offer, then I e.mailed customer relations, by doing this you should receive a auto responce to say they have recived your e.mail.

seams we are both at the same stage at mo, will be interesting to see who WINS first.

Good luck to you I will keep you updated on my procress.

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OMG

 

I am sending my LBA today and I usually send a copy of all correspondence via email because I get an automated response saying they have received it. Today though I noticed something strange!!

 

As I accessed my online account details and went onto the contact us section where I would normally be given the option to e mail them, I was given a list of phone numbers and no e-mail facility!!!

 

Has this happened to anyone else???

 

I will have to make sure I record the postage delivery now!!!

 

What say you???

 

J x

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I have sent my LBT and am waiting for a response. However I have received further charges in the mean time.

 

My question is can I add these charges to my court claim if the do not pay up, or would I have to start the process over again for these charges?

 

J x

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Hi folks!!

 

What do you think of this for my LBA??

 

 

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

You are now aware, I understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

Again, I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

The offer to refund £286.00 of the charges as a 'gesture of goodwill' in return for a full and final settlement of my complaint is wholly unacceptable and my concerns remain unresolved.

 

I calculate that you have taken £2,886 plus £34.35p which you have charged me in overdraft interest for the sum which you have taken. Total £2,920.35p

 

I require repayment in full of £2,920.35p. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus 8% interest plus my costs and without further notice.

 

 

 

 

 

Yours faithfully,

 

 

 

 

 

 

 

 

 

 

Looks great - but I have one question about the interest:

 

I am unsure about how to calculate the list of charges in the following scenario: They charge £18 for a late payment fee or such like, and then I phone them up to ask for a refund - they say no, but agree to refund half. That is refunded 2 days later. On the spreadsheet, do I say they charged me £9, or do I complete 2 seperate spreadsheets, one of which says the actual charges, and on another a list of the part refunds, then deduct one from the other?

Virgin/MBNA £435

Mint £20

Morgan Stanley £120

Clydesdale Bank £299 (pending;court case started)

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If they refund you, enter it on the spreadsheet on the correct date as a minus figure and it'll do the rest.

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Sorry I missed your question btw!

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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  • 12 years later...

This topic was closed on 03/07/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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