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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 
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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.
      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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Smile.... NOT... Grrrr... Fraud Transaction then bank charges...!


bradkb
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On the 5th, logged on to my bank account just to check my statement, and noticed 2 transactions for B Direct, one for £100 and the other for £180. Never heard of them and certainly didnt authorise it. So I rang Smile.

 

"Yes sir this is an online gambling company, and our system did mark these are suspect"

 

So why did you pay them?

 

Long story short, they cancelled and reissued my debit card, and set about investigating this fraud. Told me it would take up to 2 weeks to get my money back, I asked "well this was to last me to the end of the month, now I am skint and no money to pay the direct debits left to go out"

 

We will see if we can speed this up.

 

2 days later 2 Direct debits and a card payment go out, the Direct Debits get bounced and the card payment gets authorised, then smile wacks me with £75 commission unpaid charges.

 

Yesterday I rang them, and they agreed to extend my overdraft but the woman threw in a comment of "because of how your account has been operating..." .... wtf? I have my wages paid in every month, and have done for the past 2 years, and very rarely go over my limit, if I do its because of their bloody charges.

 

Today logged on to find I have got the £280 back, but the charges are still there despite the customer services operator telling me that if it was infact fraudulent transactions then the charges would be refunded, to which I replied with "they will be refunded regardless dear..."

 

So now just have a short battle to get these back, and probably at the end of the month try to grab back any daily excess charges as well.

 

Watch out for fraud, it can really screw you over in more ways than you think, amazing really as we shred everything, very careful were I shop online, and still got stung.

Brad

 

Support Consumer Action Group, tell your friends, family, spread the word, help each other, and together we can show the banks we are no longer going to roll over and play dead.

There is hope, you just have to find it....

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Guest ian cognito

Thats bad, why don't they check when they think someone is using a card fraudulently? they froze my brothers account a couple of months ago because he'd had a large deposit and they were worried about money laundering apparently - where did this large amount of money come from? a bank loan from them!!!!!

 

At least you know you can get the charges back now and won't be looking for a brick wall to bang your head against for too long.

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Well got the fraudulent transactions back and the commission unpaid items, and now today on the account appears two transactions, 1 for Service Charge £15, and 1 for Daily Excess Charge £15. Secure message to smile along the lines of "thank you for refunding the charges you placed on my account when my Debit card was fraudulently used, even though you refunded them a day later than promised, but then taken EVEN MORE money in other charges, I EXPECT these to be refunded to my account by the end of tomorrow at the latest..."

 

See what happens.

Brad

 

Support Consumer Action Group, tell your friends, family, spread the word, help each other, and together we can show the banks we are no longer going to roll over and play dead.

There is hope, you just have to find it....

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Guest ian cognito

I checked my statement today and found they had taken another £18 in interest!! (from when i was overdrawn before they paid me the unlawful charges back) secure essage sent - close the account and transfer the balance out!

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Damn the bank beat me to this one which is what I would have posted if I had spotted it because where fraud occurs the bank would have to put you back to where you were had it not occurred. At least it is sorted out

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Dont know who you spoke to in smile, but they should have offered a foc (free of charge) overdraft to cover the trans to avoid going overlimit from the default £500 o/draft that is on the a/c.

 

 

What tends to happen is that the Fraud department will refund the trans back into the a/c and leave Customer Services to mop up any charges incurred. We think this is unacceptable and raised this a few times.

RBoS

Settled At LBA £798

 

Barclaycard

Defence Filed, Waiting For Court Date

 

HSBC

LBA Sent 15-05-07, Still No Reply

 

Barclays

LBA Received 14-05-07, 2nd Holding Letter Sent To Me Stating Should Have Answer By 09-07-07

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Finally got all the charges back, including those which sneaked past me last month without noticing... thank you Smile... now dont do it again!

Brad

 

Support Consumer Action Group, tell your friends, family, spread the word, help each other, and together we can show the banks we are no longer going to roll over and play dead.

There is hope, you just have to find it....

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  • 2 years later...

Does anyone know how someone can take money from your account via telephone banking? I had 750 taken last week, the bank said they will not return my money because someone looked after my house and the details were in my house. They said it is impossible for someone to know our security number unless they have access to your details. They also went online and changed my password!! I hace never used telephone banking and had forgotten i even had it, so i would have thought they should have been more alert to this large transaction when i have never used it before. Please help. It is all the money i have in the world.

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  • 2 weeks later...

And this is supposed to be the 'ethical bank!!!' All I can say is, at least Dick Turpin wore a mask!

I'm on DLA/ income support and this bank were taking increasingly ridiculous amounts off me each month; charges incurred upon charges and daily charges on those, excess charges, unauth overdraft charges etc etc... one month alone they took over £200! In the end I had to get my benefits paid into a new basic bank account I set up and Smile are still hounding me for a rapidly rising sum (which was approx £500 and last time they sent a demand it had risen to over £2,000!) This despite they've taken around £8,000-10,000 in charges from my benefits over the past few years!. God help those of us who bank with UNETHICAL banks!

Cat

good luck everyone in getting back wot is rightfully yours!

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