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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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Co-op & Smile charges


steveandluc
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Thanks. I was just thinking that if they don't charge the same amounts, then it would be difficult for them to claim that the charge was a true reflection of their costs as they are the same bank. They don't have seperate systems for processing these 'core banking' functions. The true cost should be the same.

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Guest ian cognito

Good point but they would probably use the excuse that Smile are an internet bank so their costs differ. They told me they didn't notify me by post of my overdraft because they only use secure messaging, then they told my brother he couldn't send his loan application by secure messaging, it had to go in the post! Nothing like a bit of continuity!!!

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It's true that account opening & customer communication costs may differ, but the cost of applying automatic penalty changes doesn't. There's little difference between a smile account & a co-op bank account in the day-to-day running.

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Guest ian cognito

co-op charge a service charge of £25, daily excess charge of £15 and commission (?) (unpaid item) of £35. Smile charge service charge £15 and a daily excess charge which I think is £5 per day but it only shows as £150 per month on my statements, no unpaid item charges on this account because I don't use it so I can't wait until we get to court so they can justify their charges of £1533 in 12 months for no transactions!

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Guest ian cognito

Interesting afterthought - if their excess charge is £5 per day, could anybody explain to me which month has 33 days to justify their £165 charge in a month?

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  • 5 weeks later...
Guest ian cognito

Yes the commission charges make up the bulk of my charges, it appears to be for an unpaid, or paid item when overdrawn.

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  • 3 months later...

How do you go about sorting out a total charge of £40 for being .69p overdrawn for 5 days of which include sat and sunday given a refund for fees was issued 13 months ago for card missuse?:-x (internet transaction in us dollars was made knowing i was close to the limit but not sure due to the dollar rate. Thought if the transaction goes through must be enough in the account)

 

Or do i just ask for my pants to be pulled up after i pay?

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