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    • Most banks do not have any customer service staff available to support those opening a new current or savings account, according to research for Investec Bank.View the full article
    • Retired couple Ray and Frances Dykstra ooze loyalty. They have been married for 48 years and have spent their lives together in the village of Warboys, Cambridgeshire.View the full article
    • So today I received two claim forms. Interesting how tm legal are keen to rush into this as they didn't respond to my paploc response and my requests for all the information including cca agreement etc. Guess they probably lost this in the pile and think this will result in a backdoor ccj
    • OK - thank you. I understand the concept of LIP, and the need to keep my claim as simple and straightforward as possible. The legal arguments presented in what I called my skeleton statement were already in the original template I downloaded from this site. In that document I opened with "I am not proposing to set out the sequence of events." Might it be worthwhile for me to include a very brief timeline at that point, which would perhaps then allow it to become my witness statement? Or do you consider two separate documents are required? 
    • BF do you know where the instruction for skeleton has come from? Its just WX + docs. Do you think a skeleton is needed if the only issue in dispute is the legality of the exclusion terms. it seems excessive as well as wx no?   ah yes good point with LIP wx format i didnt think about the LIP judge softhand 
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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
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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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Advise regarding misleading promises


carrieann
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I wonder if I can get some input regarding a situation I am currently dealing with.

 

At the end of December, I sought out a performance coach for assistance and treatment of social anxiety. I had three paid sessions with the practitioner and they were amazing. The fourth session, it wasn't so much a therapy session but more of a sales session whereby we only discussed the possibility of embarking on a full program.

 

During this sales session, the practitioner presented a contract detailing the particulars of the program and there were three separate mentions of guaranteed outcomes as part of the program. The cost £3730. This essentially consists of one 11 hour session and 3 one hour followup session concluding in April.

 

Long story short, I only have 2 one hour sessions remaining on the program and I have seen no resolution to my anxiety. In fact, i am worse off because i now have credit card debts and I was also involved in a car accident on the morning of the main session after the practitioner advised to me to move my car to another parking centre.

 

I have spoken briefly with CAB who have advised the following:

 

Criminal Offence:

The trader’s actions could be considered a criminal offence under the Consumer Protection from Unfair Trading Regulations 2008.

 

Your rights and obligations:

On 01/10/2014 amendments were made to the Consumer Protection Regulations. These regulations now state that if a consumer is subject to an aggressive or misleading practice by a trader, they could have the right to ‘unwind’ the contract for a full refund.

 

Under this guidance, I have decided to pursue a claim against the practitioner and I wonder if someone can clarify a few points I have outstanding.

 

1. Because I have retained a printed contract which outlines the structure of the program and the guaranteed results, I wonder if I am in a good position to pursue a full and complete refund of the program costs and the sales session, or if I would be more likely to win if I pursue a partial refund excluding the session times.

 

2. Should I mention the car accident as part of my claim as I would not have been in this position had I not been attending the session.

 

3. Do I need to prove the guaranteed results have not been obtained? If so, how is this possible where psychological concerns are involved?

 

4. Finally, what action should I take if the practitioner refuses to accept my claim? Can I make a chargeback on my credit card?

 

I have written a mock letter, but just need to know what the likelihood is of claiming compensation in this respect.

 

Thanks in advance.

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Please would you post up the contract before we can advise you.

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Can this thread be removed? I have come to my senses and decided not to pursue a refund after all.

 

Why have you changed your mind ?

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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