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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
      • 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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Help with TSB clain plz


stearmy
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I am in the process of claiming back my charges off the tsb but i have an overdraft with them.

if i file the claim will they withdraw my overdraft and can the demand the full amount back in full

 

plz help

 

I too would like to know the same im about to start claiming for someone else but im about £1000 in my overdraft, can they close the account and demand it back because i have not got that type of money. I am only going to claim for about £400 so want to be prepared. if they do demand £1000 is there anything i can do to prevent this for the time being?

 

Thanks

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If your overdrafts are rerepayable on demand then they can take the facilities away. It is a possibility that they could retaliate and demand your overdraft back. We have an overdraft and so far they haven't demanded that we pay back the facility - we're now at the filing the claim stage. Unfortunately they have still retaliated and seem to be doing as much as possible to attempt to put us off. A couple of our accounts are in arrears (because of their charges) and a few days after they received our prelims we received a letter demanding repayment of the arrears. This seems to be a pretty obvious retaliation from them and once our dipute has finished we are going to complain about this to all of the necessary authorities.

 

So unfortunately I don't think there is a definite answer as to whether they will take away your overdraft facility. For us it wouldn't be a problem because our claim is bigger than our overdraft, but I can see that this isn't the case for you Gollie.

 

I think that the best thing for both of you to do is to research what would happen if they do take away your overdraft and demand repayment, but you can't afford to pay it all off in one go. Maybe contact the CAB and see if in these cases you would be able to arrange a repayment plan (I think that this is the kind of thing they can help out with, although I'm not 100% sure).

 

Just be prepared for the worst and if at the moment you are worried about them retaliating in this way, maybe hold off beginning the process until you feel more confident. Keep in mind that the FSA doesn't like the idea of banks retaliating to customer complaints as they see it as discriminating, so keep all letters and notes of phone conversations from the bank so that you have evidence if they do retaliate after receiving your prelims.

 

Good luck to both of you. Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

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