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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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TheNorthernWarrior v Northern Bank Ltd. ***WON***


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it's a gift,this claiming business,isn't it?

 

told you you would be ok,didn't I?They've now admitted to you you are right-just take it forward a step at a time till you get the lot.

 

Don't forget to put a line through any "full and final settlement" clause if they send you an acceptance offer letter to sign and send back.They just posted me a cheque because I had got so far up them they just wanted rid of me.... HAHAHAHA

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I had no problems with filing 2 claims because the Northern decided to try to mess me about by not supplying me with info prior to 1994-despite repeated requests for it and despite the fact that some people were getting reams of statements going back to 1999!!

 

So I estimted claim no2,read them the riot act and when they finally relented and sent me what I was entitled to,I was only £300 out!!

 

5 Large in the backpocket,thank you very much Northern Bank,and good night!!

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it's a gift,this claiming business,isn't it?

 

told you you would be ok,didn't I?They've now admitted to you you are right-just take it forward a step at a time till you get the lot.

 

Don't forget to put a line through any "full and final settlement" clause if they send you an acceptance offer letter to sign and send back.They just posted me a cheque because I had got so far up them they just wanted rid of me.... HAHAHAHA

Hello there, well I just read your thread out loud to my hubby and as he laughed I was burying my head in my hands. Do I just go ahead and state part settlement or will they throw it out in the courts? I have pmd you.

nervous.:-| at the moment. Too nervous to be anything but, i feel i'm a hair breadth away.

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Hi everyone , this is the letter i have sent to the bank. Is it okay?

Dear Madam,

Thank you for your letter dated 21st February 2007.

We accept your offer of part settlement of £3151.17 and request once again, to us, all charges imposed on these accounts, totalling £4066.73 to be refunded. On closer inspection, we did discover, however, a further £600.00 in unlawful charges but we are prepared to abandon this on the understanding that our request for full and final settlement is met.

As you are aware the Small Claims Court has a limit of £2000.00 and so our claim will be split into two and therefore the documents received by you from the Northern Ireland Court Service will only state the balance of our 1st claim! The second claim will be submitted if the full balance has not been settled.

Your investigations will have clarified this ‘confusion’ but we hope that our explanation has clarified the situation.

Once again, we will accept the sum offered only as part settlement and on the clear understanding that we will pursue recovery of the remainder, with a second County Court claim if necessary.

We trust this clarifies our position.

Yours faithfully,

I've omitted the £600.00 cos i hadn't originally included this in the letters and i feel we are being generous tothem after all.

nervous.

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Hi Nervous.

Congrats on getting an offer! Thats alot of "retail therapy"......smiles

I have heard nothing yet.....Maybe today the Postman will bring me something nice other than a bill!......

I think you are right to pursue the rest....

I wish you well.

Kind regards

Clare

By the way....I am going to add your reply regarding the confusion on claim limits to my thread. I am sure it will help others

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Thank you all for your advice!! I really could not have done this without any of you, especially the chosen few and you know who you are. I have now printed the letter and it is going recorded delivery right now, so they will get it tomorrow. Of course, they will have to accept, because if they don't thejudge will wonder why and maybe just maybe might teach them a lesson and award me £50,000.00 for the stress and unnecessary pain of sleepless nights?????:p

nervous.

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well done nervous i have been ill and not posted for a while but have been following your progress having said that i would be carefull with that letter i wouldnt personally bring it to their attention about the £2k limit in small claims but make them aware that you will withdraw this claim and that the actual total amount you require to settle as you say they know exactly how much they have taken from you so onwards and upwards !

if my advice has been of any help to you then please click the scales ! Thank you :D

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well done nervous i have been ill and not posted for a while but have been following your progress having said that i would be carefull with that letter i wouldnt personally bring it to their attention about the £2k limit in small claims but make them aware that you will withdraw this claim and that the actual total amount you require to settle as you say they know exactly how much they have taken from you so onwards and upwards !

Hey, there, hope you are well. I sent a pm to explain my letter.:) I amsure I'll get another 'receipt' of theirs with their threatening undertones, but all i'll do is send the same draft again and again until they cough up! I am not cancelling the court claim until i get their verification on the matter, because if i cancel my case, they may dilly dally all the way!!!:mad: Still they still have a deadline to keep and it wouldn't look too good if they fail to keep it after us accepting their 'generous' offer?

nervous.

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Did I ask before if i should let the Small Claims Court know about the settlement? I'm still wary in case as i said in my last thread that the bank will dither over the wording of our letter?

nervous.

P.S. I'm so dithery, cos all i can think of is this money and now i can go and get my hair done at long last!!:D It really is a mess, with me constantly pulling at it during this constant stress. On second thoughts, i should really hang on until I get the rest of these dollar bills, ---glory, glory halleluja... so the song goes!!!:lol:

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If anyone is watching, right now on UTV/ITV it's the 'TONIGHT' programme called 'Bank Charges Backlash'!

nervous.

Philip Molyneaux , Professor of International Banking stated that bank charges only account for £4.50 and NOT £30.00 plus!!! Martin Lewis questioned the head of the Bank Assoc. and through her stumbling and stuttering could only mumble 'service, not charges'. DOH!!!!!:p

nervous.

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hi i am new to all this, but i am considering claiming off the first trust. its good to see some other people from norn iron claiming!

 

i have a first trust bank account and i get charged £14 for every direct debit/standing order that comes out when i am overdrawn. i also get a quarterly charge of 43pence per transaction on my account in that quarter. this usually adds up to around £70. am i allowed to claim any of these charges back?

 

any advice would be appreciated. thanks

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hi i am new to all this, but i am considering claiming off the first trust. its good to see some other people from norn iron claiming!

 

i have a first trust bank account and i get charged £14 for every direct debit/standing order that comes out when i am overdrawn. i also get a quarterly charge of 43pence per transaction on my account in that quarter. this usually adds up to around £70. am i allowed to claim any of these charges back?

 

any advice would be appreciated. thanks

 

you're not,BUT and you can take this as fact because I witnessed it with my own eyes-First Trust settled at the door of the court with a member on here last September,who had filed for those in error along with the penalty charges.Guess what?Rather than go into court,they paid out the lot.

 

But I am NOT advising anyone to do this in any shape or form.On your own head be it if you do and it all falls to an arse......

  • Haha 1

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I have filed court papers today against the first trust for over £400. Have to wait now and see what they do. The N.B. filed a defense but settled 4 days later. £2317.

They FILED a defense?? God, I cannot understand why they do this? Well at least you got your money. I checked my account today and still nothing!!!I'm getting really impatient!

nervous.

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hi have you had any luck with the business charges, i have read so many differing opinions, i have nearly 17000 pounds worth of charges with the first trust bank as a sole trader and just dont know what to do, im scared of starting something and finding myself facing a bill of thousands from the banks solicitors, i have just sent of forms for my personal account which seems easir

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Stingray

I can understand your concern because if you took your case to Court and you lost the Costs against you could amount to circa £10,000.

 

One option could be to issue a County Court Summons for charges from a certain date to today's date in the sum of say £4,900. This way the case will be dealt with in the small claims court. If you win in court or they settle issue a second claim (for another time period) for another £4,900.

 

This tactic might work. I am not a lawyer so please take some advice to see if this idea is possible.

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John-I haven't heard as yet,but Anaconda has said she will ring me when there is any progress.

 

There is an added issue surrounding that case which I won't go into in open forum,but Northern might find themselves in very hot water over it!!

As DelBoy would say 'Lovely jubbley' if that is the case and the Northern goes go into hot water, it would be great for the rest of us just pursuing the overdraft charges.

nervous

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I HAVE BEEN PAID £3151.17 in my refund referral fees!!!!!!!!:D Now, tonight, I am submitting my second claim for the rest of MY LOVELY LOLLY! GOD, i am happy. I can get my hair done at long long last!!YIPPEE!! I know for fact that they will contest the next claim, though how they can, beats me, cos the amount of £4666. was always stipulated in my letters!

A rather smug nervous:p

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I just went onto the small claims website to follow my claim and guess what? The Northern lodged a dispute on the 22nd Feb. Ha ha! I didn't even know. They wrote the letter of settlement on the 21st and i received it on the 22nd!! What are they playing at? This evening, i just checked my account and there you have it, lots of lovely lolly!!

nervous.

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Nervous,

 

Congratulations and well done!!! I too bank with northern and know I have £800 in charges over two years only. Thought I would start with my two credit cards first but have been following your thread.

 

glav

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