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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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Reopening a 'Gesture of Goodwill' Claim - Barclays Additions and Additions plus accounts?**Extra PPI and Additions Refunds**


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Hi Autumn,

 

When did the bank offer to refund the £290 plus £280.

 

Did they credit this amount to your a/c at the time or shortly thereafter.

 

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Hi Autumn,

 

Any response from folk should be made on the new thread.

 

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Hi Autumn,

 

I would normally say that you left this far too long; that, by default, you accepted the banks refund in settlement of your complaint because you failed to reject it and continue to negotiate; and that you should let the matter drop.

 

That's my advice about the Additions fees.

 

However, PPI is being refunded as a matter of course and I think you SHOULD pursue a full refund of any Overdraft Protection Ins'ce.

 

Use a site spreadsheet to list all the charges and make a manual adjustment below the total of charges and interest, to show the amount refunded and the NET amount you now want back.

 

:-)

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I think with the OD Prot'n Ins'ce, you could try the same approach as with the PPI - ie send them a list of the charges you know you paid and tell them you require a refund plus interest, less the amount refunded in 2007.

 

Let them suggest how much they'll refund but be aware they may initially refuse to repay due to the refund in 2007.

 

You should still do your own calc'ns using an 8% simple spreadsheet so you know what sort of amount to expect.

 

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Hi Autumn,

 

The Advance Notice refers to fees you've incurred by going overdrawn, or being over your OD limit. These are NOT amounts you can reclaim as part of the OD Protection Ins'ce. Same goes for any OD Interest you were charged.

 

You can only reclaim the OD Protection Ins'ce and I assume you can identify the amount charged each month when you were overdrawn.

 

:-)

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Hi Autumn,

 

1. Yes, as it is a PPI type product in my opinion.

 

2. Yes, you can leave the bank to do their calculations but do your own as well, so you have a guide as to what you should expect.

 

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No, fill it in fully and honestly.

 

Declaring the previous claim should not jeopardise the current one.

 

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  • 3 weeks later...

Hi Autum and Big CONGRATS on getting the ODI back so quickly. :whoo:

 

I'm glad I was proved right about going back to them despite the refund years ago. If you can manage a Site Donation, it'll help us keep helping others, and thanks.

 

Re the subject of Additions fees, you cannot reclaim them in the same way as PPI and a PPI Questionnaire is not appropriate.

 

As you knew about the Additions status on your a/c, then I don't see that you'll get any further refund after what they repaid in 2007. You can't use the same arguments as you would with PPI.

 

In my opinion, pursuing this may get you nothing ................

 

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Hi Autumn,

 

By all means, go for it if you want to try.

 

In post #16 above, you said, "I opened a current account with you in March 1996 at which time, I was sold your Barclays Additions Account."

 

Then in post #18 you say, "I have held an account with you since March 1996 but in September 1996 this account was automatically upgraded to Additions Account at your end without my permission."

 

These are two very different scenarios and perhaps you should first tell us which is closer to what happened.

 

If you can avoid it, I would not complain on the basis that the product was mis-sold. To my mind, the far stronger argument with Additions is that it was applied to your a/c without your knowledge or approval.

 

Yes, they may well come back and say you should have argued about the amount of the refund back in 2007. But, nothing ventured, nothing gained.

 

Redraft the letter and put it back here for our consideration.

 

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Hi Autumn and thanks for the site donation.

 

Dear Sir/Madam,

 

FORMAL COMPLAINT

 

I refer to my current account no. xxxx xxxx, opened with you in March 1996. In September 1996, the bank upgraded the account to Additions status without my knowledge or permission, whereby I incurred monthly fees on an account that was previously free.

 

The Additions status gave me no benefit or product that I either wanted or needed.

 

This matter was only partially addressed in 2007 when the bank made a partial refund of £290. However, it is only now that I realise the bank should have refunded the full amount to me, and that I was treated unfairly at that time.

 

In the circumstances, I now require that you refund the full balance of Additions fees that you took from me.

 

Please respond fully within 14 days.

 

Yours faithfully,

 

Whilst drafting this for you, I can still only see one likely outcome but let's give it your best shot anyway ...........

 

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Hi Autumn,

 

Posts #12 and #13 dealt with this matter and you properly disclosed the previous claim about this.

 

You gave them honest info about the previous claim and who knows if they've taken this into a/c in the recent calculations.

 

Deal with the Additions issue and see what comes back.

 

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  • 2 weeks later...

Don't hold your breath.............

 

LoL :-)

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Hi Autumn,

 

Can you confirm, is this an additional refund for the Additions complaint ?

 

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Hi Autumn and Huge Congrats on this !! :whoo:

 

Your tenacity has paid dividends and will change the way I advise future Additions cases.

 

Don't forget to make a Site Donation if you can manage it, thanks.

 

Delighted for your successes !!

 

:-)

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  • 3 weeks later...

Hi Autumn,

 

Thanks for the Site Donation, and for the love and hugs !!

 

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Hi Autumn and thanks for the Site Donation. :wink:

 

If the monthly usage fee relates to use of the Barclays Personal Reserve system, they're unlikely to refund unless a claim is made using the Financial Difficulty route.

 

Same for Overdraft Fees.

 

Over what period are you looking to reclaim.

 

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Hi Autumn.

 

If you reclaimed under the Financial Difficulty rules, this would be from March 2011 onwards. You have virtually no chance of getting back any charges currently older than 6 years old.

 

If you have recent charges, like from 2011 onwards, you may have a chance if the bank were aware, or they should have been aware, that you were in FD's.

 

Let us know if there are recent charges that you may have a better chance of reclaiming.

 

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Hi Autumn,

 

If you wouldn't count as being in FD's, then I see little hope of success in reclaiming these bank charges.

 

Let this one drop and concentrate on the other cases.

 

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