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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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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.
      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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Confused re cheque clearing - help


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On Tuesday I wrote a cheque for just under £500 to a painter decorator. At the time I wrote it, I did not have funds to pay it in my account but it is a joint account and my husband had agreed to pay some money in. Long story short, he didn't pay it in.

 

On Friday I noticed the cheque debiting the account and taking it £200 overdrawn. We have no overdraft facility and I would expect such a cheque to therefore be returned unpaid. I went into my branch to see if they could tell me if it would be returned. They said they couldn't but they could stop the cheque. I asked them to do this for me (so that I could avoid charges and explain to the decorator and pay in two instalments) and they said they had stopped the cheque and it would re-credit my account later that day.

 

By 8pm it had not re-credited so I phoned the bank. They said the cheque was being paid. I queried why when there were no funds and we do not have a good credit rating. I said I had been told the cheque had been stopped. They put me through to a customer care department where they said they would recredit the cheque and 'ask the payee to pay the money back'. At the time I was so relieved to not be £200 overdrawn (with no money then accessible to me at all, from any account) that I just said thank you. They even offered me £25 as a sorry for telling me they had stopped it when they hadn't. My bank statement still shows the cheque having gone out but a credit for the value of the cheque from 'customer care'.

 

Now in the cold light of day I am wondering what they actually meant. Presumably the money would normally credit the payee's a/c on Monday. Will it not arrive? Or will it arrive then disappear the next day? Will they actually phone up the payee and say pay it back and if so, why on earth would they?

 

I want to pay this bill as soon as I can but if my husband does not help I cannot pay it in full till 21st of this month. If the cheque recredits I fully expect the bank to take back their credit and I will then pay what I can to the decorator and pay the balance on 21st. But what happens if my bank can't get the funds back? Is that their loss or will they redebit and put me overdrawn again? Very confused - and also very confused as to why on earth they would let me go £200 overdrawn when they won't give me a planned overdraft of £50!!!!

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I don't know the answer to that one, but I do know that if the bank puts you overdrawn by cashing the cheque when they have already refused you an ovedrdraft, then that is equivilent to a forced loan and you refuse to pay any overdraft charges.

 

As far as I am concerned, no overdraft facility means cheque bounce not paid to rip you off with unarranged overdraft charges.

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As your bank has now agreed to stop the cheque, they will contact your painter's bank and advise them that the payment has to be returned. So, in theory the payment should not register

on the painter's account at all.

Then that £500 credit which should have gone to your painter will be returned to your account to put it back in credit. I don't think there is much chance that the other bank will refuse to

return the payment as all the banks work together in these circumstances.

 

If they give you an overdraft, for some strange reason it appears that it will be for a year before being reviewed. Which might have been difficult to get agreed if you do not have a great

credit score. Whereas your bank know that your salaries will be paid in presumably by the end of the month and thus put you back in credit. In the meantime however, they will have ratcheted

up a fair amount in charges.

Keep an eye on them this month as they may try and charge for more than just the £12 or so it costs to stop a cheque.

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Also phone the painter and let him know what the score is, nothing worse than expecting to receive payment for work carried out then finding out you haven't been, I'm sure he'll be happy with a part payment until you can settle in full.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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