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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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how I can get deposit back


rennai
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It sounds like the money was refunded to the credit card. The credit card is not necessarily linked to a bank account.

 

Are you 100% sure that the credit card account is closed? Could the card have stayed active even after you closed your current account? Best to check.

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The university cannot "stop" or "cancel" a payment. Card payments are not like cheques. The money has already left the university's account and been sent to the recipient bank.

 

As the money has been sent to you, it is understandable that Halifax will not talk to the univeristy. I do not think you can rely on the university to sort this out - you have to get in touch with the bank to find out more.

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There are four stages to a banking transaction. (1) Customer instructs bank A to transfer money. (2) Bank A sends the money. (3) Bank B receives the money. (4) Bank B allocates the money to an account, holds it in suspense or returns it to Bank A. There can also be an extra step if an intermediary bank sits between Bank A and Bank B.

 

Based on what the university are saying, your money reached the third stage. The money is held by Bank B. Whether Bank B is holding the money in a suspense account, or whether it has allocated the money towards paying off your debt, is impossible to say. Neither the university nor Bank A is able to reverse the transaction as the money has already been received by Bank B.

 

I would think the best way to resolve this is to call Bank B and ask. You can try using your old account number. If that doesn't work you will need to obtain details of the original transfer instruction (i.e. date, time, account to which it was sent and any reference number) from the university.

 

It is likely that Bank B does have the power to keep the money and use it to pay down your debt. You won't know if this is what has happened until you ask.

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