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    • post re submitted  we are quite secure with that. it's ok to it here  you need to formerly WRITE to BMW AND to the finance co. (who is?) and REJECT the car under your short term right to reject. 100's of threads here on Big Motoring World, and they scammed you out of a useless warranty too, you dont need it ever, CRA covers you for FREE. dx  
    • Hey there, as the plane went tech you are entitled to the £520 x2 compensation under EC261. This is a clear cut case. Just claim straight with Virgin. However you are not entitled to a full refund, since you were eventually flown to the final destination; of course that second flight should have been totally free of charge; if not you must bill Virgin for it. Your mum+sis are also entitled to full reimbursment of taxis to and from the hotel, as well as meals+refreshments that they had for the entire duration of the unexpected stop, including both at the hotel and airport. (Just stay reasonable: no claiming for 49 pina coladas at the beach bar) Was their luggage returned to them during the unexpected stop? If not they may also claim for any toiletries and clothing that they had to purchase during the night stop. I understand the hotel has already been paid for, just don't forget the rest. Hopefully they have kept the receipts. Otherwise bank statements should do the trick. You need to claim for this in addition of the £1040 Other than the above there is no statutory compensation due for missing out on 1.5days of holiday. You could however talk to someone at customer service and make a polite request to extend your stay by another couple days and see if they will do it for you free of charge (providing they have space). Or if not, you could possibly get some token gesture of money back or voucher off your next holiday. It's worth trying. That you paid £700 for a name change is unfortunate but it's completely unrelated to the situation at hand. Above all I hope they don't worry too much about this mishap, and make the most of their holiday. Compensation is practically guaranteedwhen they are back. Just tell them to save all receipts they have and don't worry about the rest until they're back!
    • thats not a delay thats just standard processing.   it has to be 2+ months for it to be a delay
    • Yes will do thanks Dave, I wonder what will happen at the preliminary hearing no idea what they will ask I assumed once I sent the proof they asked for about my sons condition that I would have just  been given the go ahead to be Litigation friend
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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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Year Interest Free Loan Withdrawn


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Hi, hope you can help :-( I opened up a flex account with Nationwide in May and they offered me a £1000 interest free overdraft (which I signed for) for a year. Today I got a letter from them to say that my overdraft has gone down to £250 and from November I will have to pay interest. Are they allowed to just withdraw an agreement?

 

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Hi, hope you can help :sad: I opened up a flex account with Nationwide in May and they offered me a £1000 interest free overdraft (which I signed for) for a year. Today I got a letter from them to say that my overdraft has gone down to £250 and from November I will have to pay interest. Are they allowed to just withdraw an agreement?

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Yes ...the facility can be reduced/ withdrawn at any time.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?155916-Reduced-Overdraft-No-Notice-Nationwide.

 

You should contact them them to see what options are open to you and if in fact you can keep your existing limit.

 

Regards

 

Andy

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With all respect to Andy, I wonder whether the circumstances of this particular agreement aren't a little different. Overdrafts are normally open ended – but subject to annual reviews (which in my experience is just an opportunity to get you into their office to try and sell you something). According to what you are saying here, the overdraft has been offered to you for a fixed term and on special conditions which presumably have enticed you into signing the agreement.

 

I would like to know more about what you have signed – and also why the nationwide was offering you an interest-free overdraft. Was this directed purely at you or was this an offer to lots of their customers – but whatever, what were the circumstances of it all.

 

Although I expect that in the agreement, the bank reserves the right to call in the overdraft, did they also reserve the right to start charging interest?

 

My instinct tells me that the bank is not behaving fairly and that if they came to see you for the money that you could successfully plead an estoppel – or if you wanted to attack them you could rely on BCOBS.

 

I'm not saying that you should go to these extremes – but you shouldn't necessarily take this lying down. I think that you have a good argument morally and legally to challenge this.

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Incidentally, I feel that my answer is especially valid for the interest-free part of the overdraft

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And to add ...was you paying a monthly fee?

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Also, I think it is very relevant to know whether they approached you with this promotion – or you went to them and asked them for the overdraft because you had need of it.

 

If they approached you with this promotion then I think that this is extremely unfair treatment.

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And to add ...was you paying a monthly fee?

 

Hi, thank you very much for replying. I'm not at home where all my paperwork is until later today, I would like to read the agreement again in order to be completely accurate about it all. But I do know that it was offered to me as a free overdraft facility for a year at no cost whatsoever. According to the terms of that particular flex account I opened up with them. I was also offered an alternative option at the time (May 13th 2014) which was an account that gave extras like phone & holiday insurance, breakdown cover etc. I decided not to take that one because the £1000 overdraft would only be for 3months on the interest free option so I opted for the one year option to give me a longer period of time to use the overdraft & to be in credit within the year.

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Hi, thank you very much for replying. I'm not at home where all my paperwork is until later today, I would like to read the agreement again in order to be completely accurate about it all. But I do know that it was offered to me as a free overdraft facility for a year at no cost whatsoever. According to the terms of that particular flex account I opened up with them. I was also offered an alternative option at the time (May 13th 2014) which was an account that gave extras like phone & holiday insurance, breakdown cover etc. I decided not to take that one because the £1000 overdraft would only be for 3months on the interest free option so I opted for the one year option to give me a longer period of time to use the overdraft & to be in credit within the year.

 

I approached them initially to open up a new account and that was when they offered me an overdraft facility & a credit card at the same time.

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Hi, thank you very much for replying. I'm not at home where all my paperwork is until later today, I would like to read the agreement again in order to be completely accurate about it all. But I do know that it was offered to me as a free overdraft facility for a year at no cost whatsoever. According to the terms of that particular flex account I opened up with them. I was also offered an alternative option at the time (May 13th 2014) which was an account that gave extras like phone & holiday insurance, breakdown cover etc. I decided not to take that one because the £1000 overdraft would only be for 3months on the interest free option so I opted for the one year option to give me a longer period of time to use the overdraft & to be in credit within the year.

 

By phone, so very brief... but this looks better and better for you

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You have a FlexDirect account.

 

They're certainly allowed to reduce or totally withdraw the overdraft facility.

 

But in their terms and conditions document I can't see anything in regards to the interest free element of the overdraft which allows them to start charging the standard fees before 12 months has elapsed.

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By phone, so very brief... but this looks better and better for you

 

 

Hi Bankfodder,

 

Excuse the late reply, I've had a family crisis to deal with. Thank you for your reply, I still haven't had chance to go through my paperwork to look at all the small print. However, I have received a letter from the bank informing me that they have a right to lower my overdraft anytime. I will get all the paperwork out Tuesday on my day off and take a good look.

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Banks usually review overdrafts annually (as in look for any action they can take to slap you with more interest and fees).

 

They promised you a interest free £1000 overdraft for 12 month, are you certain the offer was for 12 month from account opening with those terms and not 12 month / annual review date whichever comes first?

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Hi Bankfodder,

 

In the agreement it says 5% interest on credit balances up to £2500 for 12 months (if you credit £1000 each month). No daily usage fees on overdrafts for 12 months (for customers eligible for an overdraft).

 

Overdraft facility: £1000

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  • 2 months later...

My thoughts on the matter haven't changed at all. I think you have an excellent basis here for a BCOBS action. I think that they are in breach of contract and also they have treated you extremely unfairly.

 

This is a typical unfair commercial practice. In the vernacular it is known as "bait and switch" – meaning that they suck you in with some marketing campaign and then change the rules once they've got you.

 

Have you got the evidence to support your claim. I seem to remember that at some point you said you are going to read over the terms and conditions. Please let us know exactly what you signed and is it clear that you were promised an interest-free overdraft?

 

Is it also clear that you gave up some alternative packaged account in order to take up the interest-free overdraft option?

 

Also, I think that there is a story here – would you be prepared to talk to the press about this?

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My thoughts on the matter haven't changed at all. I think you have an excellent basis here for a BCOBS action. I think that they are in breach of contract and also they have treated you extremely unfairly.

 

This is a typical unfair commercial practice. In the vernacular it is known as "bait and switch" – meaning that they suck you in with some marketing campaign and then change the rules once they've got you.

 

Have you got the evidence to support your claim. I seem to remember that at some point you said you are going to read over the terms and conditions. Please let us know exactly what you signed and is it clear that you were promised an interest-free overdraft?

 

Is it also clear that you gave up some alternative packaged account in order to take up the interest-free overdraft option?

 

Also, I think that there is a story here – would you be prepared to talk to the press about this?

 

Hi Bankfodder,

 

Thank you so much for getting back to me. I'm about to go to work & won't be back until late so I will get all the papers & reply in the morning. But just to say thank you for taking an interest & yes I would be prepared to pursue this & talk to press.

 

Many thanks :-)

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I think that if you are going to do this then you should not let it drop again. There is a 2 month gap between when you last posted and when you started again this year. I say this only because it is difficult for the people advising you here to sustain interest when they find themselves in mid-air.

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