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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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      • 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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Cap1 & CCA return


tamadus
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Hey who is throwing darts at our Lizzy?

 

I'll soon send the lads around from a bailiff company

 

 

the "big tough hairy guys from Drakes?" :D :D

 

 

 

Halifax BOS - that was a naughty mistake - and they try minimise this stuff?

 

Only last week my hubby had a phone call at work to tell him he'd a letter on the way to him with some other persons name and details on it!!! The other person had got a similarly "reversed details" letter too with my hubbies details on it !!! Nothing like "client confidentiality" is there?

 

And we are supposed to have faith and respect for these companies? This last few months my view of the industry has really changed. The more I read - the more disgusted I am with what goes on in these companies.

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I'm not being funny, but S Burrill and C Burrill appear to me to be different people - yet again a bank (or more importantly a bank employee) can't read their terms and conditions properly. My wife has two accounts with Barclays and they (Barclays) regularly swap money between the two to cover any shortfalls in either one - that facility is very handy, but they are especially linked together to do this (i.e. a question was asked directly by staff at Barclays). I'm getting very bitter about banks in general now!

 

 

I agree that in some instances we do choose to link two accounts together for this purpose etc.. - BUT clearly these were two different people and I am sure the childs account would be specifically just that - "a childs savings account" - had the person who was doing this "transaction" in moving the money of paid attention to what they were doing and dealing with - then surely "common sense" would have prevailed and the person would have seen what they were doing was a mistake?

 

There aren't any excuses for mistakes like this it is clearly negligence and incompetence!! I am so losing faith in these companies and their ability to look after their customers!!

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Got this in the mail this morning

Image1.jpg

 

Following is the Agreement, funny thing when I took out this account and another one I lived at a different address, the agreement shows our current address, what else is missing?

Image2.jpg

 

Blind Harry can see the printing on the contract isn't mine. I was hoping for the signature to be scanned in, as I got Kent to sign the CCA requests.

 

Funny you got your hubby to sign your letters etc.. - we did that too and it's amazing how things get "scanned" into documents isn't it?

I am laughing cause I prove that certain signatures were not my own!! Little does a certain company realise :D

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Thanks lizzie - that's a good idea!

 

 

This way they don't have a relevant signature that they can scan and say is yours!!!

 

I suspected they'd use a scan - and they fell for it!!!

 

Like others I have lot's of relevant Doc's proving my real signature (passport, older loan agreements etc..) so I can honestly stand up and say " sorry - I didn't write this and agree!!"

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Lizzie, just be careful that doesn't come back and bite you! If your hubby signed the letter for your s78 request, then it is unsigned and therefore they don't have to comply with it! That's GCSE law stuff!

 

My CCA /SAR's were typed no sigs on them - had therehave been any question as to who I was etc.. I am sure companies were able to write asking for proof of ID etc.. - no questions were raised though.

 

No you didn't say anything - my mail box was full earlier too (must have been lunchtime ha ha) then nothing for ages!! I am sure it will be busy later after tea time!!

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Hi JUst a thought but with all the talk about the information gers regarding distnce maketing contracts are we aware of this.

14.9 What requirements apply to distance contracts?

The Information Regulations do not apply to distance contracts, as defined. Consumer credit agreements which are distance contracts are subject instead to the Distance Marketing Regulations – see chapter 17. Consumer hire agreements are not a ‘financial service’ and so, if distance contracts, are subject to the Distance Selling Regulations – see Q17.2.

Peter

 

 

PETER "BLARGH!!!" That's it - my head is frazzled now - everytime I begin to understand this stuff - some new worms appears!!!

 

Why can't they write this in simple Lizzy terms?? :confused:

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Willow I was away 2 days and one night and this mob caught me with 5 pages and almost 2 hours to reply when I got back. :o

 

 

Seriously if you can scan through there has been some excellent stuff posted.

 

 

Willow it is worth sticking around on here and reading this stuff - some really useful info here!! (even if my head does go "blargh" once in a while)

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Tamadus - that's how I see it and understand it - cause cards are basically re issued every couple of years? and it's "their" opportunity to update customers with new T&C's and agreements relevant to that time?

 

Seems little point in a card being re issued and T&C's and agreement being a decade old? The terms within industry change etc.. so it would be "good practice" to allow customers to see the updates/changes?

 

By sending new T&C's and agreement with the new issued card they are showing the terms applicable at that time and have opportunity to agree/disagree? BUT as we see it doesn't happen?

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Mais, c'est cinq heure du soir. Je ne suis pas sur que c'est une bonne idee de prendre quelque verres du vin parce'que ce n'est pas bonne pour la sante ou votre digestion. Aussi, ce n'est pas possible pour moi de prendre une verre maintenant par ce que je suis toujour a mon bullot

 

 

OK - I'll have a glass of white austrailian wine too!! Then I will just keep guessing the rest then!! :D

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Terminator, you drive them to the beaches, I'll be waiting when they swim for it.

 

I hope their good at digging trenches because I haven't finished with them yet.Big Bomb coming over soon:-D

 

 

Well I hope a few people fall into the trenches - I'll be first in line to kick the sands back over them :lol: :lol: :lol:

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Lloyds TSB

 

 

That's really much better isn't it?? Now let's hope that other banks follow suit??

 

My son Banks with HSBC and he claimed charges back last year and he is very aware not to go over his limits etc.. (mum gave him riot act) and he has a couple of times gone over by "pence" and it's been ignored since he claimed his charges back. He hasn't gone over by anything like a pound yet so I don't know what would happen then if he did. But it's a better approach isn't it?

 

The difference in Banking over the last two decades is enormous isn't it? I remember my first Bank account - I knew the Branch Manager who seemed to know me by name (I wasn't just a number) I knew the cahsiers and the asst manager etc.. - nowadays when I go the Bank it seems full of "temps" usually chewing gum, they don't even look at you and acknowledge me as a customer half the time - before I put money and slips away they "ping" the bell for next customer!! Totally different isn't it? The whole personality has gone out of Banking with their competetition to gain customers - seems such a shame?

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I think in some respects centralising things was a bad thing for the Banks etc.. as it took away the "personal" element - this isolated lots of customers and like TT says it took away the "decision making" for the branch managers whose roles changed to that of "staff managers" - it's a huge difference?

 

I used to be scared of my Branch manager and would always "creep in" and pay money into bank - but never dared take money out of my account!! I used to use the ATM at another bank for fear the manager might peer through window and spot me spending my money ha ha - I'd never have dreamt of ever spending a peny that wasn't mine for fear this manager might call me into his office ha ha So different than todays banking isn't it?

 

I often think my Grandfather was right - he used to have a bisto tin in the pantry and a box hidden in the ottoman with the linen!! ;)

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Helloooooooooooooooooooo!!!

 

It's deadly quiet on here tonight. Am I the only one sad enough to be in on a Saturday night?

 

Ah well, my own fault - I should start some reclaiming of my own instead of reading others' success stories!

 

Trouble is, I am Sooo skint, I can't afford the court fees at the moment. My offspring were all very inconsiderate and all 4 arrived in this world in Feb and March when I am still skint from Xmas, so am now shelling out for their birthdays.

 

I don't really know why I am waffling on but this nice large glass of vino I am partaking of might have something to do with it. Hick!! (Left over from Xmas I might add :)) Burp!

 

Regards, Pam

 

 

I am here too - just catching up with reading & plotting, vino and burping too!! :D

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As it's a quiet night, here is a question that has just crossed my mind :)

 

How long do you think it will be before one of these companies starts offering some of us on here a job to help them get their act together ??

 

:rolleyes:

 

 

They could do worse than use the "sharp minds here" !!!

 

how does that saying go - "keep you firends close - and keep your enemies even closer!!"

 

There is certainly a lot to be said for the clever people here!!

 

If I was in certain persons/companies position - I'd not hesitate in wanting these people on my side/team !!

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Well for me CAP1 have till tomorrow 4pm to file their AQ according to the orders judge sent them last week for my claim.

 

Now depending on whether they bother to file or not - I then have got them with Non compliance with the SAR (it was incomplete) - CCA wasn't complied with they sent me some scraggy looking application form, they'd defaulted me back in 2003 so they have been writing crap about me for years? Mis sold PPI - I clearly had on my application form I was in a temp contract of employment - charges that haven't been dealt with. Now their recent compliment to this list was they sent the who thing to Lowells knowing it was all in dispute.

 

Me thinks once I hear whether they filed AQ - I am gonna go get 'em!!:D

 

MONDAY!!!!

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I've sent a sec 78 request to the bank whom have just retracted their notice of closure to me and said I can keep my accounts open - do u think they will ask me to close my accounts as they haven't sent the agreement to me within the specified time!?

 

 

Is there by any chance a template letter on here to send to Banks asking them not to close accounts??

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To be honest Liz, they can close accounts without giving a reason, so if they ask you to close them, there's not really anything you can do!!

 

My bank asked me to close my accounts just beacause I applied for another current account for my DD's to go out of and they didn't like what was on my credit file - they gave me no reason and I'd never been charged, nor had a balance below £100 in that account!!

 

Strrange these banks, very strange....

 

 

Seems to be more of these banks "cherry picking" their customers?? It's really unfair isn't it?

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So long as they bear in mind the A & L were hammered recently for retaliatory closure of an account. Only £125, but it's the publicity that hurts.

 

Mind you, A & L were great with us. Several redundancies and a major illness, and they couldn't have been nicer. Suspended mortgage account until things gor better, no penalties, repay outstanding over the term of the mortgage with no interest accruing. No problem raising a new mortgage after a redundacy which allowed a couple of CCJ's to creep in. I almost felt guilty when I remortgaed last year just for a better rate. Sometimes, individuals in an organisation just seem to buck the trend. Our local manager was just fantastic.

 

Seahorse

 

That's nice to hear when they are good like that isn't it??

 

Total opposite to how Abbey were with us when hubby got made redundant - they piled charges so high it was unbelieveable. They'd then through the unpaid DD's voided the life/paymentcare policies we'd spent years paying into, the mortgage cover was voided too etc.. all because of charges being taken. Obviously because of this we had got no payment protection to pay bills and cover the income loss as we'd always paid into!! So we got into a "big mess" had no alternative but to remortgage with them at a higher rate because we "wasn't squeeky clean customers anymore" and we didn't deserve the rate we were on so had to swap to a higher rate mortgage with them losing the "fixed rate" we were on!! So now we have a few defaults coming home to roost because the PPI's didn't pay out on cards with thanks to Abbey clogging our accounts with charges - they do make me "mutter"!!!

 

Shame these banks can't be nice about things and look after their customers isn't it? Instead they make what is a difficult situation so much worse than it is already?

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