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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
      • 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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New Banking Code!!!


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Well isn't life strange. You never see any blue cars and then along come three all at the same time.

 

You never see any official action on penalty charges and then three come along all at the same time.

 

First there was the Which? campaign. Then the OFT announced they were going to make an announcement.

Then a new Banking Code which apparently will contain revisions to do with customer fairness.

What on earth is going to come along next. An OFT announcement maybe?

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haha, here's hoping...!

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

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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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Has the new banking code been publically published yet? I used a large chunk of it in my second LBA, and I feel that I may need to appraise myself of the changes in the relevant parts.

 

However, it is unlikely to be backwards compatible, so my issues stand as far as the bank is concerned.

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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Don't you see the stitch up which is being worked here. OFT statement - tomorrow, apparently. Banks respond almost immediately with new Banking Code next week.

Which? magazine points to its campaign and says we welcome this, their campaign has anticitpated the changes which will be announced. however the OFT announcement will be based upon proportionality in that if you bounce a big DD then you pay a big charge - a little one - you paty a small charge

Customers who consistently run their account poorly will be more deserving of charges than ocassional offenders and a cap will be announced by the OFT

 

And what do you know, it all fits in nicely with the WHich? campaign.

 

new emphasis on responsibilty and culpability etc

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I smell a number or Rats.

 

All this new stuff is now, so it cannot be back dated am I correct?

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Of course the whole crux of the issue will be in the wording:

 

If the OFT/Which statement is purely 'guidelines,' then nothing will have really changed, and it can therefore still be challenged in court.

 

Regarding the Banking Code - I would imagine that this will remain 'voluntary,' and therefore will still be worth less than the paper it is printed on...

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 issue of back-dating doesn't arise. None of it is law.

 

It is only when you notice something called The Penalty Charges Abolition Bill going through Parliament that you can start to be concerned - and even then it wouldn't be backdated

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I love this forum. It is addictive. Especially the twisted, dry, comments. I expect the banks love this site too.

 

I want to change from IT to law.

If you find this post useful, please click the Scales of 'Justice' in the top right corner. Thanks ;)

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OFT announcement is due tomorrow.

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

 

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I expect the banks love this site too.

I expect they hate this site...suddenly they are swamped with thousands of queries, meaning that they actually have to do some work for a change...and the real kicker is that they can't rip us off when doing this work. £5/£10 is all they are able to charge us...ooooh I love that!

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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..and of course - it ultimately ends up with them having to pay back money that they had no entitlement to as well ;-)

 

Nice. Justice for a change.

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

 

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I have never been happier than the day I went through by bank statements and highlighted everytime I had been charged. How strange...

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I have never been happier

There is a certain righteous satisfaction...but I am sure you could think of a happier moment if you tried hard enough...

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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I expect they hate this site

 

I'm not too keen on them either ;-)

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.

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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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Aaaahhh...hate is such a toxic emotion to bear. I don't hate the bank...but I do have utter loathing and contempt for them...these can easily be quenched by them getting down on their knees and licking off the mess they have left on the bottom of my boots!!!

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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  • 1 year later...

And it is here...and tomorrow I have a meeting with NatWest...for an "account review" When they booked this meeting I asked what the review was for, to which they replied "your £1000 overdraft facility..."

 

"Would that be the £1000 overdraft facility that I specifically stated that I didn't want, and confirmed this in writing, but you still applied it to my account regardless?"

 

"Yes, that's the one..."

 

So, today is the new banking code, and I have found the section that I wanted, in advance of the meeting:

Upgrading your account

 

7.2 We will not upgrade your current account from a free account to a fee-paying account without your permission, unless we plan to upgrade all free accounts of that type.

So, I guess that means we will all be getting 60-day notices that they plan to upgrade all free accounts to fee paying ones...

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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Upgrading your account

7.2 We will not upgrade your current account from a free account to a fee-paying account without your

permission, unless we plan to upgrade all free accounts of that type.

 

Additional notes from Subcribers (Banks) Guidance:

Subscribers may offer customers the opportunity to upgrade their current account from a free account to a fee-paying account. An upgrade should not take place unless the customer has given their express consent for the subscriber to do so.

 

Express consent is not required where it is the subscriber’s intention to move all customers on the previously free account to a fee-paying service. In these circumstances all customers will be:

• given at least 30 days notice of the subscriber’s intention;

• given the opportunity of 60 days from the date of notice to, without penalty, close their account or switch to

another account; and

• informed of any alternative free current account with equivalent facilities currently marketed by the subscriber.

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Well, what a surprise...or not...my "review" consisted of two options: take on a managed loan, or "upgrade" to a fee paying account. I pointed out that "upgrade" implied a positive benefit to me, and that I didn't consider me paying the bank £10 a month either positive or beneficial...

 

"Well, Mr Spice, those are the only two options available to you..."

 

"Is that so...well let me discuss the new banking code, and specifically section 7.7.2..."

 

It is no surprise that "...we haven't seen this yet, and are expecting delivery of copies some time soon...but I see your point about this not being an enforceable option."

 

The only obvious option, one not even considered by the bank, was to continue the account as is, and that is the option we finally agreed on. Two years on, and they still act the ignorant bullies that they are...

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, the third option would be to walk away and ignore them. Not very much will come of it, apart from the added bonus to you of not being able to borrow any more money from legalised loan sharks by way of buggering up your "credit score" with a few privately run limited companies.

 

It's the option I personally favour to be honest.

 

...and as for the Banking Joke - sorry Code; it's voluntary and there are no penalties for breaching it.

 

Hmmmmm...plus the banks haven't even got a copy, or keep their staff trained up with regards to it's contents.

 

I think that maybe, just maybe, the Banking Code is simply a PR excercise....maybe?

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.

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

 

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is this thread 2 years old?

 

cos 'spiceskull' posted 4 April 2006 and then next 1st April 2008 ....

 

when did the 'new' banking code come into force?

 

 

We might be trapped in a time warp! I hope we can go back in time cos I would put my claim in well before the OFT case stayed everything :(

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I hope we can go back in time cos I would put my claim in well before the OFT case stayed everything.

 

I'd put mine a year before that in 2006 when they were paying out quickly!

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is this thread 2 years old?

 

cos 'spiceskull' posted 4 April 2006 and then next 1st April 2008 ....

 

when did the 'new' banking code come into force?

LOL - I was excited two years ago about the new banking code of 2006...and as if by magic, two years later, it seems the banks have ignored pretty much everything in it, and hence the new "improved" banking code of 2008...roll on banking code 2010...when things will be just as they are today...and as they were two years ago...

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, the third option would be to walk away and ignore them. It's the option I personally favour to be honest.
Yup...although to continue as the account is was my preferred option...I don't mind paying a couple of quid a month in interest, even if it is above the "lower" loan rate...one account, one set of interest, one set of figures, one thing to worry about...keeps it nice and simple.

 

Besides, I am sure you will remember what happened when HSBC closed my account, and I spent about three months as a non-person, completely unable to prove my existence...that was frustrating, and I have no wish to repeat the experience...

Hmmmmm...plus the banks haven't even got a copy, or keep their staff trained up with regards to it's contents.

 

I think that maybe, just maybe, the Banking Code is simply a PR excercise....maybe?

Yup again - isn't that just the biggest joke - "we subscribe to the banking code, but like all other subscriptions, throw it in the bin as soon as it comes through the letter box..." A PR exercise and nothing more...the biggest shame is that they print millions of copies, thick glossy paper, and spare no thought for all the poor trees that died for the cause, and all the wildlife that lose their habitats...

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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