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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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Nationwide playing Hardball???


campino
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Hi campino

 

I noticed that you mentioned that it was partly third party (company). Are you aware of your direct debit guarantee. If the company takes money out of your account without your permission then YOUR BANK (not company are obliged to issue a full and IMMEDIATE refund hence you wouldn't have incurred charges. If a company changes a date they must give you at least 14 days notice.

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Nationwide - won claim 

Advice & opinions of mahharg are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Dont let them fob you off they know it is them not the company that have to refund you. Let me know how you get on. I wonder if anybody has ever used the Direct debit guaranee to get their money back I haven't but I saw a program about it a few months ago.

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Nationwide - won claim 

Advice & opinions of mahharg are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Direct Debit - Your rights

 

look at this just found it. Arm yourself before you dive in

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Have I been of any help to you? if so please click my scales to the left to enhance my reputation. Thank you. If not PM me.

 

Nationwide - won claim 

Advice & opinions of mahharg are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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If any payment is made in error, you should contact your bank or building society who are responsible for giving you a full and immediate refund - even if the original error was made by the organisation collecting the payment.

 

Taken from link in #5.

 

Nationwide have let money go from your account without your permission. If as they were obliged to they gave you an IMMEDIATE refund you would not have gone overdrawn. I would go to your local branch and it is down to them.

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Nationwide - won claim 

Advice & opinions of mahharg are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Q. Who actually controls Direct Debit payments?

 

A. The bank or building society that holds your account is responsible for all aspects of the running of that account. They are therefore answerable for all payments, including those made by Direct Debit.

 

I think we can safely conclude that the charge was incurred simply because of Nationwides error.

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Have I been of any help to you? if so please click my scales to the left to enhance my reputation. Thank you. If not PM me.

 

Nationwide - won claim 

Advice & opinions of mahharg are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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If any payment is made in error, you should contact your bank or building society who are responsible for giving you a full and immediate refund - even if the original error was made by the organisation collecting the payment.

 

Q. Who actually controls Direct Debit payments?

 

A. The bank or building society that holds your account is responsible for all aspects of the running of that account. They are therefore answerable for all payments, including those made by Direct Debit.

 

These quotes are from link in #5.

I knew they would say something like that. Under the D/D guarantee they should not have even paid the D/D.

 

So let me get this straight they are charging you for an unpaid D/D which they did not have your permission to pay in the first palce. I think you should remind them of the T's & C's. I think you will be better off going into branch.

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Have I been of any help to you? if so please click my scales to the left to enhance my reputation. Thank you. If not PM me.

 

Nationwide - won claim 

Advice & opinions of mahharg are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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The crux of their argument seems to be that I only cancelled the DD with the Third Party company - because I didnt specifically ring them, they seem to be taking the view that 'how are they supposed to know'

Hate to be the bearer of bad news but I think If you have failed to inform bank to cancel D/D If the company attempted to collect a fixed amount on the same day then the direct debit guarantee MIGHT not cover. I might be wrong here but not too sure.

 

The other issue is that their insurance means they can claim back monires wrognly claimed by DD's from the third party company, but I guess the actual charges are excluded from this.

If it is their error then I would demand the charge back. Their error they sort it.

Knowledge is Power

Go get em!

Have I been of any help to you? if so please click my scales to the left to enhance my reputation. Thank you. If not PM me.

 

Nationwide - won claim 

Advice & opinions of mahharg are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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No ignore that last post about bad news it is their problem

If any payment is made in error, you should contact your bank or building society who are responsible for giving you a full and immediate refund - even if the original error was made by the organisation collecting the payment.

Knowledge is Power

Go get em!

Have I been of any help to you? if so please click my scales to the left to enhance my reputation. Thank you. If not PM me.

 

Nationwide - won claim 

Advice & opinions of mahharg are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Ask yourself a few questions

 

1) If they changed the date or amount without informing you then the bank must rectify it. So If they collected an amount different from what you agreed with them (£0.00 -cancelled) without informing you is that not the same in principal.

 

2) You do not have to inform the bank if the date or amount changes so why inform them if the amount changes to £0. Your argument to the bank(if you needed it) could be that you only cancelled it with the company and not the bank because it was only a temporary cancellation with a view to resetting it with the company the following month or so.

 

Remember

If any payment is made in error, you should contact your bank or building society who are responsible for giving you a full and immediate refund - even if the original error was made by the organisation collecting the payment.
  • Haha 1

Knowledge is Power

Go get em!

Have I been of any help to you? if so please click my scales to the left to enhance my reputation. Thank you. If not PM me.

 

Nationwide - won claim 

Advice & opinions of mahharg are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Good for you

BTW thanks for reputation remark like a little birthday present to me:D hence don't be surprised if I am not on here tomorrow might have a bit of an headache from my birthday drink(turned into a long weekend):lol:

Knowledge is Power

Go get em!

Have I been of any help to you? if so please click my scales to the left to enhance my reputation. Thank you. If not PM me.

 

Nationwide - won claim 

Advice & opinions of mahharg are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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