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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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Mr Lloyd V Me


The old chap
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As I have just started my battle with Mr Lloyd, its good to read how other have done. I have just had the first reply back from the the bank saying of course its my fault and dont be silly to want £2600..back. I am going ahead now with the letter giving them 14 days then I will go to court.

Dont like the court fee up front but as I'm 80 I suppose I may get a reduction. Nust really start reading the small print.

Thank you all for the info on site.

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hello barty. pleased the wrong buton just now but thats normal for me.

Registered the 14 day or else letter to Mr Lloyd today so I wil wait and see what drivle they come up with. Gr4eat reding how other people are doing, some very succesful others hanging up a bit.

I'll keep you informed.

the old man

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Guest Battleaxe

Hello The Old Chap,

 

Goos for you. Claim those charges back, if you need help just get on line and someone will give you a hand.

You might not have to pay the Court fee, the staff at your local Cpunty Court will give you a form EX160A, which helps if you are stretched financially. I didn't have to pay the fees, as at the time, our outgoings were more than our incomings. The staff at the County Court are very helpful.

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Well gentlemen, I posted my 14 day letter or I go to court yesterday. As I put a 1st class stamp on it, it will have arrived there today. So I suppose I now start seriously counting the days off before a visit to the county court office.

May I wish you all a GOOD new year.

Thanks.

the old chap

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Happy new year Old chap, and best of luck with your claim:)

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Well Gary,

Its all in the post now. Given the time now to sit back and say to myself 'you did it now keep your finger ready'. I reckon juding by other letters that mine will run the same way and I will again be studying the Q & A intently.

Thanks to all of you.

the old chap

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  • 3 weeks later...

Having threatened to go to court and giving them 14 days, I have received a very generous offer of £170 to be paid into my account in the next few days. Considering my claim was for £2000 they are being very generous. My wife is going through the FOS for hers, so I have had the advantage of talking to one of their gentlemen. He did not think I should claim for O/draft Interest or service charges but thought that interest on all other charges could be possible.

Of course I am refusing the bank offer and I think I wil go for all other charges. Any comments?

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The chap at FOS is correct in that you cannot claim for service charges - I assume by these you mean fees for packaged accounts. You can claim od interest that you paid on the charges not the interest on your own spending. If you put your details in the spreadsheet it will work out the proportion for you.

And as for your offer - god knows where they get these figures from but accept it as a partial payment only - no doubt they will withdraw it then.

 

Good Luck

Consumer Health Forums - where you can discuss any health or relationship matters.

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I am claiming for overdraft interest charges as I am claiming £3000 and my account is overdrawn by £950 and now they have just added another £14 in O/D interest so I may just add that to my claim.

Datxman v Lloyds TSB 2006 ** WON** 27/2/2006

With no conditions

Datxman v Capital One 2006

S.A.R - (Subject Access Request) letter sent - July 2006

Non-compliance letter sent - 11/09/2006

enforcement letter sent - 11/09/2006

Statements finally received - 27/09/06

Prelim Letter - sent 28/09/06 - £540

Lowell has bought the debt and I have asked them to wipe it clean due to lack of funds

Datxman v Barclaycard 2006

Won no conditions

 

 

[sIGPIC][/sIGPIC]Time is running out for the banks :)

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The chap at FOS is correct in that you cannot claim for service charges - I assume by these you mean fees for packaged accounts. You can claim od interest that you paid on the charges not the interest on your own spending. If you put your details in the spreadsheet it will work out the proportion for you.

And as for your offer - god knows where they get these figures from but accept it as a partial payment only - no doubt they will withdraw it then.

 

Good Luck

 

Thanks for your advice.

I headed colums- O/Draft Excess Fees- Service Charges-O/Draft Interest-O/Draft Usage Fee- Un/Authorised Borrowing Fee-Unpaid Direct Debits-Unpaid cheques, all these taken from my bank statements. As I said FOs said no to Service charges and O/draft Interest so it would make sence to go for O/draft interest then

Thanks for you advice and time

The old chap

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I am claiming for overdraft interest charges as I am claiming £3000 and my account is overdrawn by £950 and now they have just added another £14 in O/D interest so I may just add that to my claim.

 

 

Thanks for the reply. I think I will do as you and claim for O/Draft Interest charges &O/Draft Usage Fee(thats a good one is'nt it & Un Authorised Borrowing Fee too.

You are all great to have behind one.

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Only claim the overdraft interest if you are prepared to work out the claimable proportion from the legitimate proportion. As Giz said, only the O/D interest which was levied solely as a result of an unlawful charge is claimable. Its quite complicated to work out whats claimable from whats not and in most cases does'nt add up to a lot anyway, so most people tend to leave it out completely.

 

Unfortunately, you can't just claim the total amount of O/D interest as it appears on your list of charges.

 

These are all claimable charges;

 

O/Draft Excess Fees

O/Draft Usage Fee

Unauthorised Borrowing Fee

Unpaid Direct Debits

Unpaid cheques

Unpaid SO

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Well if I am £950 overdrawn then I am going to claim all of the interest that is charged for that period I have been overdrawn as the charges have put me overdrawn. These banks get too much of our money.

 

I will let you know how I get on with my claim and good luck with yours old chap!

Datxman v Lloyds TSB 2006 ** WON** 27/2/2006

With no conditions

Datxman v Capital One 2006

S.A.R - (Subject Access Request) letter sent - July 2006

Non-compliance letter sent - 11/09/2006

enforcement letter sent - 11/09/2006

Statements finally received - 27/09/06

Prelim Letter - sent 28/09/06 - £540

Lowell has bought the debt and I have asked them to wipe it clean due to lack of funds

Datxman v Barclaycard 2006

Won no conditions

 

 

[sIGPIC][/sIGPIC]Time is running out for the banks :)

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If the £950 is all charges then yes, thats fine, all the overdraft interest is claimable. But if only say, £95 is charges, then only 10% of the OD interest is claimable.

 

You can't expect not to pay interest on the money you borrow on your overdraft. It is perfectly legitimate for the bank to charge you interest on overdraft borrowings and if you've claimed for interest which is NOT as a result of charges then you simply won't get it. They will not offer it in settlement, and should you then insist and take it to court the judge would strike it out - possibly even awarding costs against you too.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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The whole interest thing is easier to work out if you have one of the value added accounts or some kind of interest free OD. I had a select account with LTSB which gave me an interest free OD of £50. Therefore I have claimed against LTSB for all the overdraft interest after the first charge as that interest would not have accumulated were it not for that first charge as my overdraft was interest free. As each charge added it becomes more apparent that interest only accumulated as a result of charges

All my posts are made without prejudice and may not be reused or reproduced without my express permission (or the permission of the forums owners)!

 

17/10/2006 Recieve claim against me from lloyds TSB for £312.82

18/10/06 S.A.R - (Subject Access Request) sent

03/02/07 Claim allocated to small claims. Hearing set for 15/05/07. Lloyds ordered to file statement setting out how they calculate their charges

15/05/07 Lloyds do not attend. Judgement ordered for £192 approx, £3 travel costs and removal of default notice

29/05/07 4pm Lloyds deadline for payment of CCJ expires. Warrant of execution ready to go

19/06/07 Letter from court stating Lloyds have made a cheque payment to court

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  • 2 weeks later...

Well its done. Had £750 put into my account by the bank as a 'reduction of the charges' last week. Today I have written to them thanking them for the 'part payment' would they kindly pay the other £750 plus by 14th Feb or else I'm to the Courts.

I cant imagion what they are going to say to that or can I.

Regards to all. The old chap

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