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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
      • 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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Paid the Wrong Account


zoomboy
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Made a bit of an error last month. My son who's moved out and is subletting (let's not go into that), needed to pay his rent. As I was managing his account for him I tried to pay from his account, but it wouldn't allow me to setup a payee without prior authorisation - that's not bad.

 

So I thought I'd be helpful and pay his rent from my bank "First Direct" as I could process any authorisation needed. So I pay and then transfer the money from his account to mine as I'm already an authorised payee from his account.

 

Money out, money in - no problem... except his landlady has given him the wrong bank account number :!: Him not knowing what is going on goes to his bank - the Halifax, and they simply credit his account with the £225 - very good of them, but this is money from my account, so at some point they'll be wanting it back.

 

Now I get in touch with my bank and ask them to chase up the erroneous payment. They start it off and I have to periodically ask for updates on the dates when they say they'll have more info. A month later and I'm now at the point where I get a message that the payee has been contacted by their bank and not responded, so I must wait another 20 days.

 

In the mean time my son has now paid his landlady - which is just out of order IMO. But then he had the money to do it, because his bank gave him the credit the day he asked for it.

 

So technically neither of us is out of pocket - yet. But it's got to happen at some point. His bank will want the £225 from him or me.

 

But what are the rules regarding this kind of thing? Is there a chance I'll get my money back? I know it's his landlady's mistake - but she's been paid, so there's no hope of recovering it from that side.

 

I've asked the bank what this means - but they're not the snappiest of responders and I thought I'd ask for another opinion.

 

The day his bank wants the money back from him, is the day when his world collapses as he really can't afford to be out of pocket by that much... and neither can I right now :(

 

You thoughts are most welcome.

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  • 1 month later...

Well this is still going on ... :Cry:

 

Every time FD contact me they say "have I tried contacting the recipient?" FFS how am I meant to do that? All I have is an account number.

 

I know it's my mistake, but if this had been a multi-,illion pound transaction would I still be struggling to get my money back? Surely the banks have some mechanism in place to recover a wrong payment?

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  • 2 weeks later...

Good evening zoomboy,

 

The only advice I can offer in regards to this situation is to request a BACS trace of a Faster Payment trace (dependant on how the funds were sent). First Direct will be able to provide you with a document to prove were the funds have been sent to. With this document, you can then challenge the receiving bank and request your funds back. As the error was not made by First Direct they unfortunately will not be able to claim your funds back for you. Best of luck in reclaiming your funds.

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  • 5 months later...

I should have come back on here sooner. Thanks for your reply. First Direct did in fact eventually refund my money. I spoke with a very understanding lady who said she would do what she could, she said it maybe impossible, but she'd try. I being the pessimist doubted any good would come of it.

 

A few months later and I get a mysterious payment into my account - no explanation, no letter follows and when I called they couldn't tell me anything other than it had be repaid. Maybe they even paid it back without getting it from the erroneous payee? I guess I'll never know.

 

But in the week I got my money back my sons bank (Halifax) also took their money back off him - so we all end up even. But it seems a strange coincidence that that week all the transactions are reversed.

 

It still makes me think though. What would happen if a multimillion pound company paid a million into the wrong account - hopefully mine? Would the bank still sit on their hands?

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