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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
      • 162 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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Financial Ombudsman..good info to use with your defence.


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Following recent communications with the Financial Ombudsmans office they sent a reply.

They basically say that they have not had any cases to deal with regarding disputes for full settlements,this may indicate that they have been involved where there have been issues regarding partial settlements,but it looks as though those issues have gone on to be resolved by full settlement.At the early stages of claimant communications with banks,they frequently suggest that if you are unhappy you should contact the Financial ombudsman......The FSO now seem to clarify that the banks are settling without too much intervention....at the very least there have been no interventions regarding full settlements.I think this is a good piece to quote in claimants submissions.

for the benefit of reference here is a snippet from the reply.

 

 

Dear Martin

 

Many thanks for your email.

 

So far, we have not had to make any formal decisions on disputes about

bank charges - because the banks have preferred to settle the

complaints

brought to us, making offers to customers to repay disputed charges on

a

goodwill basis. And if a bank offers to settle a complaint in full,

there is nothing for the ombudsman to decide.

 

A different government body, the Office of Fair Trading (OFT), is

looking at the wider issues involved in banking charges. The OFT is

separate from the Financial Ombudsman Service and has different powers

to us. The OFT cannot deal with individual customer complaints - as we

do.

 

We've got a special FAQ section on complaints about banking charges on

our website at:

http://www.financial-ombudsman.org.uk/faq/bank-charges.html

 

We can and do look at complaints about difficulties in opening bank

accounts - just as we look at complaints about banks closing accounts.

Often these complaints involve other aspects and issues too - for

example, where the consumer has financial difficulties, and problems

have arisen in the relationship between the bank and the customer over

a

period of time. This is why we have to look at each case on an

individual basis, to see whether and how we can help given the

particular circumstances.

 

In the first instance we tell consumers to give the bank or building

society an opportunity to investigate the complaint and sort out the

problem. If this doesn't work - or you're not sure who to get in touch

with at the bank - you can contact us free for help on what to do next.

 

 

I hope this information is useful.

 

 

Claimants having difficulty with Parachute accounts may also not the comments about complaints too.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 2 weeks later...

May I also add that the Financial Ombudsman made the following statement in their Oct/Nov 2006 newsletter which would be useful to include in any bundle:

 

"It's understandable that the regulators do not want to be accused of becoming price-fixers. Nor do we. But for certain charges, the law on contract variations and penalties demands a reasonable relation between cost and price, and requires those who seek to justify the price to produce evidence of their actual costs."

 

issue 57 - October/November 2006

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Out of interest, my partner has today received a letter from the FOS stating that Lloyds have agreed to pay her £1060 in respect of all charges made over the last 6 years on her (now empty) account.

It has taken a while - the FOS were so busy that they just sent letters for the first 3-4 months saying they would get round to it, but once they did, it's taken 6 weeks to get this offer. Just to send the acceptance now and see how long it takes Lloyds to hand over the cash!

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  • 4 weeks later...

Well done, did this represent 100 % of the bank charges you had received over the last six years ,if not what would you estimate the % to be ?

'I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around the banks will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered.'

Thomas Jefferson 1802

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  • 3 weeks later...

Hello,

 

Can someone please give the e-mail address of the Financial Ombudsman as have sent an e-mail with my complaint to:

[email protected]

 

twice and it came back undelivered twice.

 

if anyone there can help me I would very much appreciate.

 

Many thanks

Halifax - £245 - SETTLED - in full

MBNA Business - £190 - SETTLED - in full

HSBC - Closed business a/c - £1,850 - SETTLED IN FULL

HSBC - Business a/c - £4,388 - SETTLED FOR £4,100

Nat West Card - SETTLE IN FULL - £124.71

Halifax Credit Card - MCOL 26th May 2007

Egg - 1st LBA 12th May 2007

Are you a business customer, let's join forces subscribe to:

 

http://www.consumeractiongroup.co.uk/forum/general/68191-claiming-business-account-lets-6.html#post646109

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  • 2 weeks later...

Hello to all.

 

Please can someone advise me on the following.

 

I received my statements from the Halifax and returned them listing all the charges and the 14 day template letter and they confirmed that the correspondence was received same on the 14.03.2007.

 

I am owed just over £1000.00 and today I received a letter advising that they have 8 weeks to respond to this complaint as per the FSA REGULATIONS.

 

Please can someone advise me in lay-man's terms what eactly the 14 day letter means and is it working days or calender days.

 

When I contacted the bank in question the staff member that I spoke to was abrupt and terminated the call just simply because I questioned her responses to the 14 day timescale.

 

Please please advise the next step and should I call them back to complain about her conduct.

 

Kind Regards

 

 

Ryan :(

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www.bellyup4blues.com Just Go There !!!

 

Woolwich Prelim Sent 5.12.2006 !!!

S.A.R - (Subject Access Request) sent 22.12.2006 (yeah I know)

16.1.2007 £1000 offer rejected

LBA sent 31.1.2007

N1 presented to Court 15.2.2007

Won / Settled 2 days before court date

£5200 plus int charges returned.

 

All and Leics S.A.R - (Subject Access Request) sent 22.12.2006

2nd S.A.R - (Subject Access Request) sent 15.1.2007

Statements received

Prelim sent 31.1.2007

LBA Sent 15.2.2007

Won £1500 on receiving court date..

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  • 1 month later...

I have had two of my complaints to financial ombudsman returned, no luck with fsa either or ts? not a bank but unfair terms, missold insurances, any other route?

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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  • 2 weeks later...

Don't bother with the FOS. They are a private limited company financed by the financial services industry. You may as well ask the bank's lawyers for an adjudication. The European Parliament has widely condemned the UK's financial services regulators:-

 

European Parliament - News - Press service - Info - Equitable Life final report says compensate the victims and improve EU lawmaking

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jdey123, thanks for the link, its an intersting read, it is also very sad and frustrating, UK regulators of the finance industry, I've heard an expression, not fit for purpose?

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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Just a thought?

Considering the positions of Judges, Bank managers etc, Has anyone thought to ask for disclosure of membership of the Masons amongst these people and that any membership of the Masons or any other organisation may influence the outcome of any court case?

 

Many years ago, whilst suing my landlord, I discovered that he and the judge that was due to hear my case belonged to the same lodge of the Masons and I Insisted that another judge try my case. The case was dismissed and I received over £5,000.00 in compensation from my landlords!

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Yes, that was 100% of charges, although no interest or similar.

 

tafkam,

 

I have a claim with the Ulster Bank and am considering to take it to the Financial Ombudsman instead of through the courts. I do want to receive a settlement which will include interest as the amount of money taken off me over the 6 years amounted to a lot. This meant that I suffered greatly by the banks actions over that period.

 

Was the £1060 the full amount you were reclaiming from the start and had you included any added on interest?

 

Volkswagen

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markthedrainman,

 

In Northern Ireland the small claims court has a limit of £2,000. My claim is over 7 x more so small claims is out. I would prefer to use the Financial Ombudsman but really want to be paid the full amount because of the past hardship over the amount of money taken from us by the bank.

 

I am still worried that the FOS will not obtain the 100% figure. Also, does anyone know if I can start a court case myself if the FOS have made a judgement which I do not agree with.

 

Volkswagen

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markthedrainman,

 

In Northern Ireland the small claims court has a limit of £2,000. My claim is over 7 x more so small claims is out. I would prefer to use the Financial Ombudsman but really want to be paid the full amount because of the past hardship over the amount of money taken from us by the bank.

 

I am still worried that the FOS will not obtain the 100% figure. Also, does anyone know if I can start a court case myself if the FOS have made a judgement which I do not agree with.

 

Volkswagen

 

Hi VW

 

You are not bound by any decision by the FOS and are free to pursue any action through the courts after an FOS decision.

 

In saying that, in NI it is possible to issue a Civil Bill for claims up to £15,000 (before interest).

 

From my readings, Ulster Bank seem to pay up pretty swiftly and painlessly after they have been issued with a court claim. However after recent events, due care and dilligence should be taken when considering any court action - especially as a Civil Bill action could leave you exposed to costs if you were to lose.

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