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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.

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    • 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.
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      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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PM Vs Bank of Ireland


pmcmurrough
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i actually think that this is not the saviour statement that BOI were waiting for.

this only strengthens the arguement for anyone going against a credit card company.

i have only had a quick look through it but i think that the banks will analyse this and soften their stance.

 

i am also mindfull that it took the OFT 2 years to release a statement about credit card companies, BOI know this as well.

can they afford to go in front of a judge and lose without the backing of the OFT, because that is exactly what they were waiting for, a statement which backed them.

pmcmurrough you have them against the ropes, now throw your best punch

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  • 2 weeks later...

Don't know if you guys have picked up on this, but Which and the Consumer Council for Northern

Ireland have made a super complaint about the big four banks in Northern Ireland that is being

investigated

by the OFT. Here is the link-

 

[http://www.oft.gov.uk/NR/rdonlyres/62F2C8DC-A58C-43B8-A543-D3897A4D014A/0/oft771a.pdf

 

It is a pdf file which you will need to download

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I have no intention of disappearing.

I will not accept a settlement which is conditional on me keeping quiet.

 

The latest report from the Competition Commission has some interesting points. It is focused on the competitiveness of banks in NI and not the legality of the charges but there is alot of information that is of use in our cases.

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The latest report from the Competition Commission has some interesting points. It is focused on the competitiveness of banks in NI and not the legality of the charges but there is alot of information that is of use in our cases.

 

The lack of competitiveness is one of the elements that will be looked at.

But in addition the super complaint cites-

 

"Northern Irish banks charge significant sums for activities that other

banks do not charge for at all

• Northern Irish bank charges often lack transparency;"

 

And this is what the OFT observed about the big four-

"they impose a number of charges when customers are in credit and

overdrawn which are not found in the rest of the UK (and there are no

offsetting advantages such as higher interest payments on positive

balances)

• they have stated that their prices are not directly cost derived"

 

The whole point about charges for breach of contract are that they should reflect the losses suffered by the breach and these are not, since they

are not directly cost involved. Game set and match to the super complainants.

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  • 2 weeks later...

I've read through most of the cases going on in Northern Ireland. Most seem to get to the court case and then i don't see any outcome details!!

 

I hope this is down to the 'keep quiet agreement' before the bank settles. I've sent away my S.A.R to First Trust and received a reply stating i'd have what i need within in 40 days. I just hope it's all this straight forward.

 

I'm following this thread with interest..

 

Good luck

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I do wish Norn Irn members of this forum would lose some of their inbuilt deference to authoritarian orginisations and tell them to stuff the gagging clauses. They arent legal and will have no bearing on your refund except to stifle debate.

 

(Which is exactly what the banks want)

 

Stuff 'em. Then help others to stuff 'em.

 

Or they'll be back trying to stuff you again.

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I was at acourt on 21 Nov to have my case heard as well. BOI solicitor turned up and we were all called into the judges chamber together. The solicitor argued again for deferral until the OFT report was issued. The judge said that he would like to see it himself, and despite arguments from Paul and myself, he agreed to defer the both cases. However, he said he will not wait forever for the report and he will hear the case on 16 April 2007 regardless. He said he is dying to get his teeth into the case as many have been brought before him, only to be settled at the last minute. We were both pretty disappointed to say the least but will just have to wait. The solicitor called me outside and offered me a settlement of 25% of my claim (just to show that they were decent and fair!)and told me that also included in the way fees are calculated are cost for heating, electricity etc!! I have never heard this before, and indeed would be glad if anyone else has heard this from the bank, and the judge even saif he would take running costs into consideration when hearing the case. So I told the solicitor, in the nicest possible terms, where to stick her 25% and I would see her in court. She seems to think that the OFT will rule that charges of between 25-30 pounds will be justified. Any advice at this juncture would be greatly appreciated.

 

PS. A case in after ours against the Allied Irish Bank was settled when we were in the chambers with the judge, but obviously we did not hear the details - seems the BOI are the only ones who do not want to settle properly, 25% is a bit of a joke!!

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Folks,

 

Sorry for being so quiet. Just so busy at work. But i agree I need to be checking the other threads and updating more frequently particularly as it seems that my case is going to be one of the first in N.Ireland that the bank is going to defend and all the other cases are being adjourned pending this case.

 

My case was adjourned again until 16th of April. That will bring my case to 14 months after submitting my small claim. The judge has set aside a full day for the hearing and has ordered the BOI to disclose any and all documentation that they will be relying on before April 1st.

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I was at acourt on 21 Nov to have my case heard as well. BOI solicitor turned up and we were all called into the judges chamber together. The solicitor argued again for deferral until the OFT report was issued. The judge said that he would like to see it himself, and despite arguments from Paul and myself, he agreed to defer the both cases. However, he said he will not wait forever for the report and he will hear the case on 16 April 2007 regardless. He said he is dying to get his teeth into the case as many have been brought before him, only to be settled at the last minute. We were both pretty disappointed to say the least but will just have to wait. The solicitor called me outside and offered me a settlement of 25% of my claim (just to show that they were decent and fair!)and told me that also included in the way fees are calculated are cost for heating, electricity etc!! I have never heard this before, and indeed would be glad if anyone else has heard this from the bank, and the judge even saif he would take running costs into consideration when hearing the case. So I told the solicitor, in the nicest possible terms, where to stick her 25% and I would see her in court. She seems to think that the OFT will rule that charges of between 25-30 pounds will be justified. Any advice at this juncture would be greatly appreciated.

 

PS. A case in after ours against the Allied Irish Bank was settled when we were in the chambers with the judge, but obviously we did not hear the details - seems the BOI are the only ones who do not want to settle properly, 25% is a bit of a joke!!

 

I was just interested about the case you mentioned about Allied Irish Bank. They have just sent me their Defence to my claim and I was wondering other claimants experience with dealing with them.

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I have had a claim against the Bank Of Ireland for £1887 and they were to reply by today.. They have contested the claim to my knowledge nor have they settled.....

 

If I do not hear by Monday, I am going to file a default decree.

 

Does this mean that the court settles it in the applicants favour?

 

Or is it stalling feature used by the bank?

 

What is the success rate of claimants against the bank of ireland?

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I have had a claim against the Bank Of Ireland for £1887 and they were to reply by today.. They have contested the claim to my knowledge nor have they settled.....

 

If I do not hear by Monday, I am going to file a default decree.

 

Does this mean that the court settles it in the applicants favour?

 

Or is it stalling feature used by the bank?

 

What is the success rate of claimants against the bank of ireland?

 

Don't break out the bubbly just yet!!There is a certain degree of "flexibility" given to the banks by the courts regarding response dates....also,there may be a defence lying in the office at Chichester street just waiting to be uploaded onto the site.You will need to ring them on tuesday to see what the score is-if they haven't defended,then you get the decision in your favour.

 

Bank of Ireland claimants seem to be getting dragged out as long as possible unfortunately

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