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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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Yorkshire Bank Pay Up


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I today recieved Yorkshire bank 's defence to my claim.

It is the usual charges clear blah blah blah!! However one paragraph caught my eye.

 

"It denies that the T&C requiring me to pay the Charges were unfair terms within the meaning of the Unfair Terms in Consumer Contract regulations 1999, S.I. 1999 No 2083 and then states the T&C were fair having regard to the following matters:

 

(a) the cost to the bank of maintaining administrative systems relating to unauthorised overdrafts, unpaid cheques and direct debits and abuse of cheque and debit cards for the purpose of keeping the level of overdrawing under review and controlled as far as possible."

 

The first part of the paragraph sounds like the normal we are right stuff but the last part is what interested me.

The banks have always stated that these charges are not penalty charges but to me those words " the purpose of keeping the level of overdrawing under review and controlled as far as possible." sounds like a penalty/punishment/fine to me. After all what do they do to keep parking "under review and controlled" they issue parking fines.

 

what do you think am I on the right track?

 

Geoff

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Funny you should say that Geoff. I got my defence today [at a guess, I'd say it's probably word for word the same as your defence!], and that exact same paragraph stood out to me too. I interpreted it as them trying to control how far we went overdrawn by penalising us so that we'd 'learn a lesson' so to speak.

Advice & opinions given by pjdudley69 are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. 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. Also visit legal seagulls for more friendly help and advice.

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I read that as the cost of the systems in place to monitor unauthorised overdrafts, bounced cheques etc, otherwise known as overheads. This could apply to automated or manual systems. Spread over the millions or even billions of transactions they check, this is pennies. It seems like the normal claptrap to me. IF it gets to court I suggest you ask for a breakdown of what these things cost them per transaction. Anything over what it costs them is an unlawful penalty.

 

This is the information the banks are bending over backwards to avoid revealing. They are just trying to frighten you into backing down, but stick with it and I think they could well start paying up soon.;)

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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 month later...

if they are stupid enought to ask if they can counter claim against you, then say no they cant - just my opinion

Spanish Holiday Rental - 10% off BAG and CAG Members

www.rent-in-spain.org.uk

 

 

Progress so far:

 

Yorkshire Bank - LBA 26/07/06 £1001.00 - £500.50 offered and rejected

RBS Credit Card - Settled £200.00

Sainsburys - Settled in full £100.00

JD WIlliams - Settled in full £50.00

Argos Card Services - £98 - offered £60 and rejected.

Abbey Mortgages - MCOL 2nd October - Deadline 21st

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  • 1 month later...

Come on Geoff. You can't just say that after nearly 2 months of nothing. Give us the gory details. You have made my day because I was not far behind you in claiming and am still being messed about. Oh and one other thing.

 

CONGRATULATIONS!

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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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Nice one geoff - well done.

Soon be your turn Caro

Spanish Holiday Rental - 10% off BAG and CAG Members

www.rent-in-spain.org.uk

 

 

Progress so far:

 

Yorkshire Bank - LBA 26/07/06 £1001.00 - £500.50 offered and rejected

RBS Credit Card - Settled £200.00

Sainsburys - Settled in full £100.00

JD WIlliams - Settled in full £50.00

Argos Card Services - £98 - offered £60 and rejected.

Abbey Mortgages - MCOL 2nd October - Deadline 21st

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Hi i dont know if i am on the right thing here but if anyone can help that will be great. I have just sent yorkshire bank my letter before action and am just about to fill in the claim form to send them, do i have to let any court know or do i just fill in the form on this site and send it to them?

 

Thanks if you can help

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Marie,

 

I am a little unsure as to what position you are. If the LBA has just been sent then you should wait 14 days before proceeding. Did you also sned a pre-lim ?

When you say issue a claim, do you mean an MCOL ??

Spanish Holiday Rental - 10% off BAG and CAG Members

www.rent-in-spain.org.uk

 

 

Progress so far:

 

Yorkshire Bank - LBA 26/07/06 £1001.00 - £500.50 offered and rejected

RBS Credit Card - Settled £200.00

Sainsburys - Settled in full £100.00

JD WIlliams - Settled in full £50.00

Argos Card Services - £98 - offered £60 and rejected.

Abbey Mortgages - MCOL 2nd October - Deadline 21st

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