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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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Help & Advice Needed


jimbo1954
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Ok Guys

 

 

This is the story, I read with graet interest many of the articles with regard to bank charges and claiming them back. Online I can only acces my statements going back over the past two years although my account has been open for 12 years, and at a rough count I have been charged in "unauterised fees" around £700.

 

I phoned the call centre of the Cooperatve Bank, and politely asked if they can tell me how much I have paid in charges since the account opened, the lady on the phone asked what I needed the information for, I told her that I believed the charges to be unfair and illegal, I wished to claim them back. She told me it was not possible to claim them back, all charges were make in accordance with the terms and conditions which were agreed by me when I opened the account.

I explained I had seen a news article on TV and also had information from websites outlining the charges were basically not legal and I wished to pursue the claim when I had the amount I had been charged over the years banking with them. She them took my number and said that somebody would call me back today, sure enough I got the call, explaing to me that the news article I had seen only related to credit cards, the "Banks" had untill the 31 May to decide if they are going with OFT's decision, also the only way I would get the information on charges would be to purchase copy statements at a charge of £5 each. I told her i was going to apply for the information under the DPA which should only incur a £10 fee, a slight shift in attitude and tone ensued informing me "statements dont come under the DPA and the only way I would get them was to buy them.

I told her that she was wrong and asked to speak to somebody senior, she gave me customer services address in Skelmersdale and told me she couldnt discuss it any further.

(seems to have caused a bit of a stir, I wonder why!!!!)

 

I am now applying for this information under DPA.

 

The Help bit!!!

 

when I get this information, which charges are legal and which are not.

How far back can I take this claim, I read 6 years was the limit, but if it is illegal now it must have been illegal beyond 6 years.

should I wait for the DPA information before applying for a refund.

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Hi Jimbo,

 

This is my first post on this web site, but my understanding is that you total up all the charges on your statements, then work out what they would have been at £12? The extra that you paid you claim for? Plus a bit for costs poss 8%

 

As I said that is my understanding.

06th April 2006 Statements requested for last 6 yrs:

Bank of Scotland: Current account Breaching DPA

Royal Bank of Scotland: Style Breaching DPA

Capital One: Mastercard Request for £499.23 on the 17th April. £40 refunded to account on 26th April. Small claim hearing 27th June. Full refund and interest 24th May.

Coop: Crashed and burned into giving in Full and final offered 16 days after LBA ;)

 

Thats enough just now, more to come though

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Nope. They can only charge £12 if it costs them £12.

 

Even the OFT conceded this.

 

It can cost no more than pennies to bounce a DD, SO or cheque and for you to go over your overdraft limit.

 

That is the maximum allowed by law.

 

Follow the step by step instructions and you will get your money back.

 

Read the FAQs - seriously. If you are going to take on an institution with unlimited funds, it really pays to know your stuff.

 

Don't fret though - a few days here and you will know it.

 

You can and will get all your money back if you are prepared to go the distance.

It's not a game and can get quite serious.

 

The thing to remember is, that they are not entitled legally to that money - you are.

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.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

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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Thanks Dave that sounds even better:D i'm sure i'll get a hang of it soon, i'll read up on the notes. I'm more than happy to go the distance with these sharks as they made my life hell!!

06th April 2006 Statements requested for last 6 yrs:

Bank of Scotland: Current account Breaching DPA

Royal Bank of Scotland: Style Breaching DPA

Capital One: Mastercard Request for £499.23 on the 17th April. £40 refunded to account on 26th April. Small claim hearing 27th June. Full refund and interest 24th May.

Coop: Crashed and burned into giving in Full and final offered 16 days after LBA ;)

 

Thats enough just now, more to come though

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  • 12 years later...

This topic was closed on 03/07/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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Thanks

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