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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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confidentiality


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Confidentiality is one thing, and in all fairness, I don't think we should castigate the banks for making this request.

 

However, asking you to sign away your right to bring further claims over the same issue of charges is not on, and this should not be part of an acceptance letter.

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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Of course they're entitled to ask for it. However, like any service or product they supply - it has a price.

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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A parallel poll on confidentiality payments then - concurrent with the charges recovered poll?

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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The money is yours. It has been taken unalwfully and you should not accept any conditions which the bank might want to attach to its repayment. Don't forget that we have the excellent tape of the McNamara interview which is waiting to be used in evidence against Lloyds. Lloyds are the most vulnerable of all of the banks because of this interview.

 

If they really want to bury their shame in a confidentiality agreement then you should make them pay for it. Confidentiality is valuable. Don't give it away.

If you want some advice then you can pm me in confidence for a view on what youshould ask and how strong your case is.

 

As to the comment about not castigating the banks for wanting confidentiality, I'm sorry but I do. There is no confidence in iniquity and the banks taking of other people's money in this way is iniquitous.

I castigate them I castigate them for this whole sorry mess that they have gotten us and themselves into through their heartless greed.

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Surely, by this time confidentiality has become somewhat denigrated by the sheer weight of publicity that this campaign has generated. Initially confidentiality was an issue for the banks. But now, the time for negotiating on this point has passed. Keep to the issue of what was taken and the interest thereon and forget confidentiality, that issue is in the public domain for those that are willing to tap in a search string. Therefore it has no value at any negotiating table. The charges however are different. They are owed to you by law as is interest and removal of Credit References and the rest... Confidentiality agreements are more about "payback" to my mind which is revenge. Revenge is not the issue here, let's not be greedy and keep our eye on the ball and get back what is rightfully ours.

Besides that, if you negate the possibility of a Confidentiality agreement, you are free to discuss this matter and your case in open forums like this which will help others to hopefully shoot down the current system and prevent further charges for everyone. If everyone keeps it " under their hat for a price" for the bank's sake, surely they are adding to the problem rather than correcting it, which is the ultimate aim of this campaign. Bugger Confidentiality, if you accept a payment for it then you help the banks rather than the people here on this site. "Make them pay then have your say!" Just a thought, take it as you will and mull it over...

all ideas and information exchanged willingly, bounce the ideas around,it helps everyone at the end of the day, good luck to you all and God Bless...LoL Graham & Yvonne

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As to the comment about not castigating the banks for wanting confidentiality, I'm sorry but I do. There is no confidence in iniquity and the banks taking of other people's money in this way is iniquitous. I castigate them I castigate them for this whole sorry mess that they have gotten us and themselves into through their heartless greed.

Which is exactly why they are requesting it. Don't get me wrong, I have absolutely no sympathy at all for the banks, and believe that EVERY single example of their robber-baron behaviour should be exposed for the re-imposition of the feudal system that it is. But from where I see it, confidentiality is about the only strategy the banks have left to fall back on.

 

As Mgizmogpc says, this is about getting your rightful money back, it is not about revenge. Bringing the banking system to its knees will not really be helpful in the long term, as other organisations will step in to fill the breach, and they will certainly find ways to avoid this situation.

 

A request for confidentiality can be seen as a tacit admission of guilt by the bank to the customer. If the bank offers, and people accept, people are in the enviable position where the bank has said 'you are the boss...' - you have beaten them at their own game, and they will never be able to treat you in this way again.

 

But as you so rightly say BF, this is not to be sold cheaply. If they ask for confidence, and they want it more than anything else, then you're right - set a realistic target that let's them know in no uncertain terms how you feel about them. If they make enough confidentiality payments, they will soon realise that it is cheaper to just pay out the initial claim instead. That will be good news for everyone else...

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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How about 50% on top of your claim for a fair price!

 

I agree the banks would still want to keep this under wraps. They will ask that you pay charges if you go overdrawn again. The nightmare never ends. Despite the fact that you have put all this effort in to get YOUR money back. Effectively, you get nothing out of it, nothing.

 

If you win the case, you don't win, you break even. The millions of other people without the courage to claim lose. You lose the time and energy you have put in. If they want to shut you up, I would say that a fair payment is 50% of your claim on top of what is yours already.

regards,

 

InterSimi

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I would say start the bidding at 50k.

 

The publicity will almost certainly cost that.

 

If they pay, we expect to hear no more from you - apart from maybe a book token ;-)

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Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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No, forget your 50K arguments over confidentiality. It is as unethical as the initial premise that this site was set up to fight. Yeah I'd love a bank to hand me 50k and shut up, I'd never speak again! On any matter for 50K. But it's not just the individual in respect of this issue; it's about everyone and the torment the banks etc are inflicting on them. Every time you agree to a confidentiality agreement you are stifling your voice for a few bob in your pocket; But to the detriment of those who haven't plucked up the courage to approach their bank ( Not everyone is pro-active, some folk don't want the hassle, despite hating the system the way it is ). If you win, you should shout it from the roof tops and not put yourself in the position where you have "Prostituted" your hard fought credibility and legal right to reclaim your money to the banks so that they can carry on giving everyone a "rear ender" they way they have done since time immemorial. Get what you are entitled to plus interest, but please, please, forget this "Confidentiality" issue, it benefits an individual financially in the short term, it benefits the Banks also in the short term, but it cheapens the arguments of this site and makes everyone look like a " compensation chaser", for God's sake; lets keep control of the moral high ground. Focus....

all ideas and information exchanged willingly, bounce the ideas around,it helps everyone at the end of the day, good luck to you all and God Bless...LoL Graham & Yvonne

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I think you may need to read between the lines.

 

It's basically another way of saying "no" to confidentiality - and letting the bank know that you are in command.

 

No bank is likely to say yes to 50k - if they do, then I would certainly take it.

 

I may stand on the 'moral highground' but I'm not stupid.

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Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

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for God's sake; lets keep control of the moral high ground. Focus....

 

Sorry Mgizmogpc, but for that sort of money I would not take the moral high ground.

Time Line

 

1st April 2006. Sent First Letter.

3rd April 2006. Got a reply telling me it is being looked into.

17th April 2006. Leter Before Action Sent Today. 1st class post recorded delivery.

21th April 2006. Got reply telling me no way.

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I agree with the 'prostitutes...' - a compelling sum is very compelling, although I think that 50% would just make me a cheap tart.

 

I know exactly what you mean Mgizmogpc, and I feel the same way. Even to the point that if I could guarantee compelling the bank to demonstrate actual costs in court in exchange for my charges being lost, then I would do it.

 

However, the banks do want this to be kept quiet, and Dave is right. They won't pay £50K, but they may offer half that. If they don't, you are then free top shout it to the world...

 

I think I will sell my silence at 500% of my claim, which I would consider to be a reasonable amount. This does not prevent you helping others, but it clearly means that your own case does not influence that help...

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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This is the advantage that banks have - they have unlimited funds and we have limited means.

 

This means that we can be bought. Everyone has a price. If the banks came to me and said "here's 2 million quid to shut the site down." I'd take it. Sorry, but my selflessness only goes so far when I have a family to look after.

 

Very unlikely that the banks would do that of course, and so we're all quite safe ;-).

 

Don't get me wrong - Abbey tried to silence me; I refused and started this site - I believe wholeheartedly in shouting it from the rooftops and getting the word to as many people as possible. I think what the banks have done/are doing is disgusting and they need to be shown up for what they are - Greed cowboys in pin-striped suits.

 

Many, many, many evenings I have written 'press releases' and emailed the BBC, all the national press etc... in an attempt to get more of the word spread.

 

I'm not a sell-out, but I believe everyone has a price.

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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Add me as your friend on FaceBook - I need all the friends I can get :-(

 

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Again, I suggest some sort of poll as to what would be considered an acceptable 'bribe' to keep schtumm. It would certainly give a guide to those who have been made an offer, and are deliberating over whether or not to accept...

 

I'll start the ball rolling with 500% of claim (charges only, not interest...), so that come in at about £15K.

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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Thanks all for your advice.

 

After posting the question I re-read the letter and decided then not to accept a confidentiality clause.

 

I'm too big a blabber-mouth and wouldn't want them to be able to re-claim the money from me on a technicality!

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Hi there

just want to say, Fairplay Gbd.

i rememebr how belittled i felt when due to these debits and stealing by my bank, I had to hand lloyds all my incoming and outgoings and request them to be kind as i was having a hard time, and they still treated me like dirt.., i felt like i had demolished all the outside walls of my home and said "hey take a look at my life". It was degrading..

 

I would shout from the roof tops if i had the chance to do the same to them

What goes around comes around.

Sod um.

 

jules

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Quite right too.

 

I too have had the same degrading experience.

 

Little did I know what I know now - I have read lots and lots of legal books and suddenly THEY are the ones on the back foot.

 

'bout time too, I say.

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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Add me as your friend on FaceBook - I need all the friends I can get :-(

 

http://www.facebook.com/profile.php?id=577405151

 

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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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