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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
      • 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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Returned cheques unpaid in Error

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I am an Independent Accountant and



one of my clients has their business bank account with Barclays.



The bank returned on two days some of the cheques presented for payment and direct debits with a remark 'refer to drawer'



actually there were sufficient funds in the account to pay these cheques and



when a complaint were lodged the bank admitted it was due to an error

and agreed to refund the unpaid transaction fee.


The client suffered business losses and bad reputation due to these cheques being returned by the bank.



Is there a provision to make a claim for consequence losses from the bank with out having to go through any legal procedures.

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This is a clear BCOBS case.


Here is a similar kind of case against Santander http://www.consumeractiongroup.co.uk/forum/showthread.php?373594-Bounced-Cheque-Cause-for-Action-for-Damages-**-VICTORY-IS-MINE-**&p=4263306#post4263306


They ended up paying out several thousand pounds and also the costs of High Court enforcement. Frankly I was very surprised at the size of the payout - but the argument was that the matter impugned the integrity of the Church.


You will have to go at it like a bull in a china shop but you should be able to produce a good result for your client. A BCOBS judgment would not go down well with the bank and of course you would then send it to the FCA as a basis for a complaint - and let the bank know that this is what you are going to do with it once you get it.

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By the way, in order to get any kind of sensible settlement, you will have to start a legal action. Barclay's are too stupid and dishonest to understand the business sense of reasonable negotiated settlements.

They will be happy to spend more on fighting you than it would cost them to settle.

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Hi Durai and welcome to CAG


The case of Kpohraror v Woolwich Bldg Soc'y dealt with a similar case where the Claimant sued for damage to business reputation even though the error was corrected quickly.


Consequential losses arising from the bank's error would presumably already have been addressed by the refunding of the banks' default fees.


However, if the business suffered any other loss as a consequence of the banks' action (such as the loss of a customer or client), that could be quantified and claimed additionally.



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