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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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£285.00 Claimed and paid out - history below


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£285 claimed in bank charges and paid out.

 

History below. I hope this will help you all:

 

-----------------------------------------------------------

 

My Address

My Address

My Address

My Address

My Address

 

3rd March 2006

 

 

 

 

 

Barclays Bank PLC

Address

Address

Address

Address

 

 

 

Request for repayment of charges

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: nn-nn-nn nnnnnnn

 

My request

I am writing to ask you to refund to me the charges which you have levied from my account over the last four years

I now 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.

 

Your responsibilites

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.

 

What I require

I calculate that you have taken £285. I have also added interest at a rate 0f 8% APR as allowed by the County Courts Act (1984) This amounts to a total of £339.96 as per the enclosed spreadsheet.

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting unconditionally my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond or you do not respond positively within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

 

Yours faithfully,

 

 

 

 

 

Me

 

----------------------------------------------------------

 

No reply after 3 weeks (I wanted to leave 21 days as this how much time I have traditionally allowed).

 

Second letter sent:

 

My Address

My Address

My Address

My Address

My Address

 

25th March 2006

 

 

 

The Manager

Barclays Bank PLC

Address

Address

Address

Address

 

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: nn-nn-nn nnnnnnnn

 

I am disappointed that I have not received a reply from my letter of 5th March 2006 despite my request for a reply within 14 days. It is now three weeks since I wrote to you.

 

I now 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.

 

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.

 

I calculate that you have taken to be at least £285.00 in charges. I have also added £81.96 in interest at 8% APR as allowed by the County Courts Act (1984) for the sum which you have taken. Total £339.96. A breakdown of these charges was included in my previous letter.

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

 

Yours faithfully,

 

 

 

 

 

Me

---------------------------------------------------------------

 

Reply received yesterday 28th March 2006:

 

Freepost RLTA-CSUE-TCHC

Head Office Customer Relations

London

E14 5HP

 

0800 282 390 (Freephone)

Fax 020 7116 7563

 

 

 

[My Address]

 

Our Reference: xxxxxxx

27 March 2006

 

Dear xxx

 

 

I refer to your letter of 3rd March.

 

I am sorry that you feel the Bank Charges you have incurred are unfair and represent a penalty. I note that you are claiming a refund of £285.00 for the past four years. In your correspondence you have made reference to Common & Statute law and recent Consumer Regulations, which you say supports your view. Needless to say, Barclays is aware of all the information you have drawn to our attention. I must inform you however, that we disagree with your legal analysis.

 

When an account is opened with us, our customer is provided with a copy o fteh Terms and Conditions relating to the use of their account including details of our charges. This information clearly explains our obligations to our customers, as well as their obligations to us. I few make any changes to the Terms and Conditions we provide details of these to our customers in line with the Banking Code. Details of our Terms and Conditions and charging tariff can be obtained from any of our branches, or via our internet site, http://www.barclays.co.uk.

 

Putting the above to one side, on this occasion and as a gesture of goodwill, I confirm I am willing to refund your charges totalling £285.00 I have arranged fro this sum to be credited direct to your Current Account, number nnnnnnnn.

 

If you wish to discuss this letter, or fell that there are further issues I need to consider, please contact me on my direct telephone number 020 7116 3061. If you are dissatisfied with my proposal for resolving your complaint you may ultimately be eligible to refer to the Financial Ombudsman Service.

 

The leaflet sent with our letter dated 8 March explains our complaints process and provides details regarding the Financial Ombudsman Service.

 

In accordance with our standard practice unless I hear from you to the contrary within eight weeks from the date of this letter, I shall assume that your complaint is resolved and close my file.

 

Yours sincerely

 

 

David Chapman

Customer Relations Manager

------------------------------------------------

 

Some of my own comments.

 

I am not going to pursue for the interest charges as the money was not the issue in this case.

 

Since writing my first letter I have discovered that the forum does not recommend claiming the 8% in the first letter. This should be for when (if) it ever gets to court.

 

I sent all my letters 'signed for'.

 

I'm not sure if the bank recived my second letter before responding. Unlikely as all correspondance was sent to my local branch and the reply was from the head office in Canary Wharf.

 

I likes the line in the reply that says "I am willing to refund YOUR charges"

 

I have started a process before when complaining to Barclays intending to take it to the Banking Ombudsman, but have always given up in the past because it is so tedious. I'm pleased that Mr Chapman appears to agree. "If you are dissatisfied with my proposal for resolving your complaint you MAY ULTIMATELY be eligible to refer to the Financial Ombudsman Service"

 

Finally - thanks to Bankfodder and Dave for all they are doing.

 

I'm pleased the site has been expanded to other areas to help consumers generally.

 

As soon as I see some money I'll be sending the BAG an Amazon Voucher for £30.00 as a gesture (of goodwill)!

 

Good luck to the rest of you.

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Great story, great result, great encouragement for the rest of us. Well done!

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull 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, you are advised to seek the opinion of a qualified professional.

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£285 claimed in bank charges and paid out.

 

Great story and well done. Can I ask you to complete the survey in General Forum? It's a great encouragement to others.

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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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.

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