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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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JB vs Nationwide **WON**


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Hello all,

 

First post but I've been through the initial letter and LBA letter stages and am just filling in the MCOL.

 

Nationwide have said b*gger off in all instances. I'm claiming ~£500.

 

A couple of questions if anyone knows the answer.

 

1. How should I work the default removal request to the particulars of claim?

 

2. I cannot seem to pay by Visa Electron, anyone else found this?

 

Thanks,

 

 

Richard.

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Well, court claim issued on Thursday.

 

Charges have now all been refunded to the bank account..

 

However, minus the £50 court fee. Will wait until they send me the standard letter about "it's not worth us seeing you in court".. and then let them know about the court fee.

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All changes refunded now including the court cost.

 

Transfered money out of the account today so will be in my main bank account by Monday....

 

Onto the next one..

 

Total refunded £466 + £50 court charge.

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Ah, that is something I need to confirm with them.

 

To be honest I'm not sure whether they actually did default because usual practice is to close the account when it defaults.

 

However, the account has remained open (for the time being anyway).

 

I'll send them a secure message via their website and update this thread..

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Hi JB,

 

Was asking cos my B/H has a letter from when her account was closed down earlier this year.

It states that a Default Notice was to be issued even though she had something like £300 refunded as "Card Misuse Fee" to zero her negative balance account on the day that they chose to close it.

The fact that she hadn't used it much the previous 6 months and the unauthorised O/D balance was directly caused by their charges seems to have escaped them totally!!!

...So why did they put down that she had previously misused her debit card???

 

My flexaccount doesn't appear with Experian, only my personal loan with Nationwide...But we have still sent off to check her report with them just in case, before I engage them on her behalf.

 

I have read on other threads that some people have made it a condition of full and final settlement for the removal of the Default Notice...and have only accepted the money refund as a partial settlement'

...Overwise it is a whole new and different ball game to try and get just the Default Notice removed.

 

Which can have be a sting in the tail for someone seeking credit a few years down the line!!!

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Still waiting to here about the default removal...

 

However, account is still fully open and active. My wife went down and took out £50 cash (the refund of the court cost) on Friday without issue.

 

Generally in a default, the account is closed and usually passed over to debt companies.

 

However, I've read on here that in the banking code, they cannot issue a default if the amount being defaulted over is in dispute.

 

Which in our case it was. Maybe it was just an automated letter from Nationwide.

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Maybe JB, maybe!...

 

Could be worthwhile U double checking with your Branch as well as with Experian (...Free Trial online...sign up...then cancel within a month!...lol).

 

I thought that the standard procedure for banks closing accounts was to give U 30 days notice of closure?

Until the 30 days are up, your account would operate as normal.

Just be wary...

Hope U have already set up a parachute current account elsewhere and transferred DD and SO etc across to it???

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