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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
      • 160 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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I am about to send a letter to smile to get my charges back, but I have 2 questions.

 

The first question is, 7 months ago (before I new via this website that bank were illigally taking money from) I sent a letter saying of my discust at the charges they were charging me, (£230 for being 3 pence over my limit) and requested the charges back. They refused them. Now I have read through this site I am going to try again (charges now at £480), do I start from the begining with the preliminary letter or jump the 2nd threatning letter?

 

My next question, on the prelininary letter template it says to ask for the charges back plus interest. http://www.consumeractiongroup.co.uk/forum/showthread.php?t=671 but in the step by step guide it says not to ask for the interest. link http://www.consumeractiongroup.co.uk/forum/showthread.php?t=243

 

in section 2 it says:

 

2.

Having received your statements and calculated your charges plus interest which you may have been charged on them if you were in overdraft at the time, enter the charges into the spreadsheet which is also provided in the Library section of the http://www.BankActionGroup.com forum. This will provide you with a total which you can claim from your bank.

If you have to issue a court claim, the spreadsheet will also calculate interest at 8% as allowed by s.64 the County Courts Act (1984) and which you will add to your claim at that point. NOTE: you do not claim the 8% unless you put in a court claim.

 

 

So, do I ask for the interest in the forst letter or not?

 

Apologise if I am just being dumb!!

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Hi,

 

It seems from your questions that you have not fully read the FAQs and the library. It really does take a few days to get your head around all the arguments and all the information.

 

You will be setting a timetable (the timetable that the bank says it will work to is irrelevant). In the FAQ you will find 'Step By Step Instructions.' Start this, be clear on what your first step is (requesting the info from the bank so that you can calculate what they owe you)

 

Regarding interest and what to claim back:

 

You can claim for everything on your statements that is not a justifiable service fee, or justifiable interest:

 

Claim:

  • Penalty Charges applied to your account. This is for exceeding overdrafts, referral/representation of DD’s and SO’s, cancellation of DD’s and SO’s, card misuse charges - the list is long!
  • Interest charged to your account for any of the above
  • When the interest is applied to the penalty charges, then this interest should be included
  • If your transaction history identifies what interest is applied for what reason, then be honest about the amount you request
  • If the interest is not itemised, then claim for ‘Interest Charges,’ and the onus will be on the bank to demonstrate the proportion they are entitled to

 

Don't Claim:

  • Agreed fees, such as £5 monthly overdraft arrangement fee
  • Interest 'proper' - this is normal interest on the amount you are overdrawn
  • Any concept of costs or time at this time
  • Interest other than that which appears on your statements
  • Interest at 8% APR (that comes when you raise your claim at court)

 

Whilst waiting for the info, read up on your next step. If you make sure you stick to your own thread in the relevant area (eg [username] claim against [bank]), and use this as a sort of diary which you can update as things progress. It will also enable you to check responses to your questions, and people will be able to find your thread a lot easier.

 

Good luck.

 

You are here, you want your money back, you will get help and support in this, but it is YOUR call, and you must be prepared to put in the effort.

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Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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.

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So if I am reading this correctly from the all the info in the library, I can from the start ask for my charges plus the interest that they have charged, then when I take court proceedings I can then ask for a further 8% in interest that I charge them for taking my money?

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That is correct.

 

Providing you didn't have an overdraft that they charged interest on. Any interest that you are claiming would be interest on the amount that you would not normally have paid on your usual overdraft.

 

Unless your bank have stated on your statement how much you have been charged it would be quite difficult and/or complicated to work out... I think most people don't bother.

 

If you don't have an overdraft then it's easy. Just top up the interest they have stated on your statement and that is what you are claiming.

 

If it gets as far as you issuing a summons then you add on the 8%.

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  • 12 years later...

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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