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    • Funnily enough the ad is still available online Range Rover 4.4 SDV8 Autobiography LWB Previously Sold | Clinkard Performance Cars WWW.CLINKARDCARS.CO.UK Performance, Prestigious and Specialist cars Dealers in Romsey, Hampshire but the autotrader version isn't which was probably slightly different potentially with more information. Reported to FOS over the phone but essentially gave them the same information I've stated here, updating them that I'm paying for a car I haven't had for nearly a month now etc I'll certainly come back with an update. Fingers crossed they will realise it's not worth taking to court. So the inspection among other things found a hairline crack across a load bearing section of the chasis which at the minute to the naked eye looks tiny but could turn out to be catastrophic and has had some filler chucked on top of it but we'll see what Clinkards inspection comes back with. Distance wise I believe they're around 165-170 miles away from me. Also I'm sure many people will have PCP agreements as it's the most common way to buy cars under 5 years old but they just forgotten the terminology or name for it. Pay deposit, choose a length then pay the difference between value today and guaranteed future value at the end of that agreed term   Whole experience has scarred me and moving forward I'd be tempted to pay for a pre purchase inspection myself because these guys are bigggg traders with a lot of top end cars. I just hope they don't make any more silly offers
    • Strange final response. They say that they are still investigating but they are giving you their final response anyway. Seems like a load of nonsense. Have you got a copy of what you then sent to the ombudsman? Anyway, for the moment although would like to know – it really is all for curiosity because as you have put it into the hands of the ombudsman it's probably not worth doing anything more until you have a reply. I would suggest that when you decide to spend this kind of money in future on a used car, that you understand exactly what your rights are before you make the purchase. When you buy anything – and maybe especially used car you should realise that you aren't only paying for the car, you are also paying for a bundle of consumer obligations which are intended to bind the dealer. You are paying for a vehicle which is of satisfactory quality and remains that way for a reasonable period of time and you are paying for any defects which emerge to be addressed and repaired at the expense of the dealer. We've already pointed out that by purchasing the warranty, they have effectively persuaded you to pay for something for which you have already paid. Very decent of you not to want to cause trouble in respect of defects which manifested themselves within the first few weeks. I have no idea why. For £78,000…. This you say that they were age-related problems – that is still no reason why those defects should have been there or why the dealer should not have been responsible for them. It seems to me that you have a clear case against the dealer/the finance company. We don't have many or any PCP purchases on this forum. However, it seems to me that the finance company is probably responsible for the condition of the vehicle because effectively you have bought it from them and to that extent it should be the same as HP. With a hire purchase agreement, it is as if you bought the vehicle directly from the finance company not from the dealer and it is the finance company which bears all the consumer obligations. I think the only thing you can do is to monitor the situation. Update us when you hear from the financial ombudsman and if you need to take the matter to court then we will help you. In principle it should be straightforward – but certainly there is a risk of a serious bill for costs if you lose. I don't see you losing. Did you say somewhere that the report suggested that the vehicle was unroadworthy? Have you got the advertisement for the vehicle? Does it make claims for the vehicle which are clearly untrue? And by the way, four hours away from you is what kind of distance? Have you read our used car guide? Have you looked at the video?
    • there's one in this thread.. i wonder if its the same, they seem to be identical regardless each time we have a thread with one Vehicle Control Services Privacy Notice, Brooke Retail Car Park, HA4 0LN - Private Land Parking Enforcement - Consumer Action Group  
    • It was really this daft Privacy Notice we were after, but no worries, I'm 99% sure it doesn't count as a NTD otherwise in his letter Simple Simon wouldn't have offered the discount of paying £60 instead of £100. Apologies for jumping the gun earlier. It's a pity your friend paid.  It's neither here nor there if Excel would back down or not.  They are not some statutory authority.  They're just a cowboy private company.  The only way she could have been forced to pay is if a judge had ruled against her in a court hearing, which is highly unlikely given she could have proved to have been elsewhere. I see her "offence" was in May 2023 so logically Excel and their signs were there by then.
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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.

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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.
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      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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NatWest & Account Closure?


Neonin
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Hi all!

 

Been reading the site for a good few days now, and am amazed at the sheer tenacity and courage showed by many people in claiming their charges back. This site has given me hope that I can get my admittedly small amount of charges back off the bank, but I do have one serious question I need to consider before attempting any of this.

 

I'm currently on the final year of my course at university, and because I opened a student account before they started "transforming" your current account to a student one I have two accounts with NatWest. My student account is currently at my overdraft maximum until my student loan goes in within the next few days, whereas my current account is actually over my overdraft limit but I argued with the financial advisor in my local branch until they agreed to refund the £38 unpaid DD charge and cancel the £28 charge for going over the limit. This was done as a "gesture of goodwill" since it was an honest mistake on my part and I've never had a refund or anything else in the past.

 

My question is, if I were to follow the steps on here and attempt to claim my charges back from the bank, what sort of backlash can I expect? To be honest I'm not in a position financially where I can afford for them to close either of my accounts, as there is no way I could pay back my overdraft on the student account and still afford to live. How likely is it that they would close my accounts due to me threatening them with legal action?

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From what i have seen Natwest don't seem to close account down as much as other banks but you should always be preapred for it as stated in the FAQs. They can acutally close your account down at any time for any reason anyway!

Ex CAG helper ^_^

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Hi there Neonin.

 

You're in exactly the same situation that I've been in to pick up charges. You get your new student account with big overdraft, then they give you a small overdraft on the other account. As times get hard you spend most of both accounts, and then becuase you have 2 overdrafts and little income / time they become impossible to manage without incurring charges. This is exactly how I picked up my charges.

 

Nawest do have the right to close your account with only 28 days warnning, under the banking code. The FSA has urged banks not to do this with people reclaiming charges, after Alliance and leicester featured widely in the news for such practices a few months ago.

 

Natest do not seem to be employing this at the moment - possibly becuse they still think they can make money out of you, even if you claim back your charges, and possibly becuase they would get appalling publicity if they were to do such a thing. I, for one, would react by going to every press office of every newspaper and personal finance publication if they were to threaten to close my account. They are the ones who are in the wrong here, not me. It would make interesing publicity when they are spending millions trying to attract student.

 

As for you, it is your decision. Do you know how much they have charged you? If not make a Data Protection Act Request to find out. This might help you decide.

  • Confused 1

SNATCHWEST and NOBBETS no scare me!

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I've gone back over the statements I currently have and the charges only total £202, which I know is small feed compared to what some on this site have been hit for. I may well ask for the full statement history though as my earliest statement only goes back to September 2002, but I probably won't bother as the first listed charge I have isn't till November 2003 and I don't ever remember getting any charges before then. I kept my account in good order till I became a student.

 

I'm still reading how things proceed on this site and will continue to ponder whether to start the process myself yet. Ironically NatWest may even manage to keep my business, because although I'm disgusted by the charges and originally thought to move banks when I can financially afford to do so, it seems they're ALL basically the same.

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