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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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Financial Abuse on Disabled person


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Basically hundreds sometimes thousands a week was withdrawn from a savings account, whilst current account was in severe hardship. Current account was also being emptied by internet transfers, ATM withdrawal's and other means.

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Which bank?

 

Who was withdrawing the funds?

 

Do you have all the statements/evidence?

 

Have you lodged a formal complaint with the bank?

 

Have you received their final response or are they still investigating?

 

Over what time period was this going on?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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The bank is Santander

 

A family member was withdrawing funds

 

I have statements going back to 2005

 

Complaint logged with bank in March last year

 

Final response recieved in August saying they are satisfied withdrawels made by disabled person

 

This had been going on since late 2005

 

FOS adjudicator said it's a court matter, but I have asked for it to be reviewed by an ombudsman.

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IMO this is an issue between the family member and the individual concerned.

 

If they can prove that the money was being withdrawn by the family member then go to the police and report it as a crime.

 

Does this family member have authority to withdraw money on behalf of the account holder due to their disability?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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The disabled person passed away in Feb last year and I am dealing with their affairs.

 

The police were informed and could see what had been happening, but because the disabled person had passed away they said there was no hard evedience.

 

The family member had no authority to withdraw money, and the money was not used for the disabled person, as shopping, bills ect were being paid from the current account.

 

The disabled person was also paying hundreds of pounds in bank charges whilst hundreds sometimes thousands were being taken from the savings account

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The police were informed and could see what had been happening, but because the disabled person had passed away they said there was no hard evedience.

 

I'm sorry but I wouldn't accept this for one second.

They are aware and they agreed that a crime had been committed but won't take any action?

 

That's cause for a complaint in itself!.

 

Have you sought any legal advice regarding this from a solicitor yet?

 

What relation is this family member?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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The police spoke to the person, who said they had permission to take the money. They then told me that as the disabled person had died anything they had said to any other 3rd party (I had contact details for somebody in the hospice the disabled person was in who was willing to give a statement to the police) couldn't be used as it was 3rd party evidence?

 

I don't know what kind of solicitor I would need in regard to this, but I did go to the C.A.B who couldn't offer any advice at all!!

 

It was one of the disabled persons children, who is very well known to the police for various offences including ABH.

 

I am at my wits end on what to do in regard to this. I thought banks were supposed to report large abnormal spending?

This goes deeper than I am willing to post on a public forum, but if anyone can advise I will send a copy of the letter I sent the FOS outling my reasons as to why the disabled person couldn't and wouldn't have made or authorised the transactions.

Edited by suzie04
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I feel for you I really do, it must be incredibly frustrating to know what went on and that this so called family member has acted in this way.

 

I just hope they can sleep at night!

 

I have a sister who is just like this, only in it for what financial or material gain she can make, hence why my mother and I have nothing to do with her or her family, some individuals are just morally bankrupt and instead of getting brought down to their lower than low level, sometimes it is better to walk away knowing you're a better person than they will ever be and let them get on with it, they'll get burnt soon enough!

 

As for the bank, well all I can say is exhaust their complaints procedure, and highlight the error of their ways, but as we all know, banks couldn't give a stuff about it's customers, once again they are only in it for the money.

 

And the FOS is as much use as indicators on a submarine!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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