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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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Drowningindebt v Halifax


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Hi all,

 

What a fantastic website this is- i wished I had found it a couple of years ago and it might have helped me more, however, I am one of the people out there who has a life revolved around debt!

 

Anyway, I just heard about being able to recover bank charges that your bank has charged against you.I was with the Halifax for about 8 or 9 years and over that time I have recieved possibly 100's of bank charges!:-|- yes,I'm a stupid person!!:sad:

 

Anway, I fell into more debt a few months ago and was unable to meet a few bank charges I had forgotten about! The bank charged me bank charges and I was unable to pay them, instead of contacting them, I let it go and they shut my account.

 

I'm I able to still try and reclaim bank charges they have given me over the last 6 years?

 

Do you think I should phone them and try and reopen my account?

 

 

Any help would be GRATEFULLY received as this sort of money could help me go a long way to getting back on my feet and out of debt!

 

PS.Is there any other sort of charges I can reclaim.ie.Gas,Electricit y,Council Tax arrears,mortgage arrears,etc- yes I have the works!

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I have had a look through the procedures and I have just printed off a data protection letter requesiong my statements from the last six years. I phoned up the Halifax to see if they would send me this, but because my account was closed they said I should write to

 

Halifax PLC

Customer Relations

PO BOX 548

Leeds

LS1-1WU

 

On the step by step guide, I checed the halifax and it said

Trinity Road

Halifax

West Yorkshire

HX1 2RG

 

Where do you think I should send the date protection letter to?

 

Many thans for all your help in advance.:D

  • Haha 1

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Many thanks for the words of encouragement and I have just read your thread- well done on getting money back. i really think I have at least 50 charges so I am hoping I will get a fair few pounds back too which would really help me get out of some of the debt I'm in. Fingers crossed and I will keep everyone up to date when I receive the statements.

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I never thought to put this before, but I'm from Scotland and this claim would be under Scottish law!

 

I have just started reading this thread

 

http://www.consumeractiongroup.co.uk/forum/scotland/41999-20-year-claim-limit.html

 

about claiming back for 20 years and in post 8 it says

 

For clarification:

 

20 year prescription applies only in relation to certain obligations. Regardless of how you quantify the obligation to repay bank charges (if there is indeed an obligation, which legally remains to be determined) it will not be one to which the 20 year period applies.

 

As to the question of when the party becomes "aware" that they have a claim, it is necessary for individuals to exercise reasonable diligence in protection of their rights. The banks have been pretty clear in their terms and conditions as to what charges will apply on default and so it is not possible to argue that the banks have in some way "concealed" the charges which they are to apply. The law in relation to unfair contract terms has been in place since 1999 and the law on penalty charges has been clear for decades. As a consumer you could easily have sought advice on the lawfulness of the bank charges by consulting a legal adviser or citizens' advice bureau. This is what is meant by using "reasonable diligence". If you have failed to do that, the courts will not entertain an argument that you did not know until other people started to claim or the OFT report came out. Individuals must look out for themselves.

 

Fact is, any claim you make in relation to bank charges in the Scottish courts, whatever its legal basis, can only be made from a date 5 years prior to the date you claim.

 

Hope that clears matters up.

 

Does this mean I should be looking to claim back 5 years worth of bank charges or 6 years?

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  • 1 month later...

Got my statements through today and I have a few questions-

 

When can I claim from?

I am going to be claiming for the six years (despite staying in Scotland), at what stage will they need to know I will be going through the courts in England if need be?

Will I highlight the charges I am claiming back and send them all my statements back or just the ones with the charges I am claiming?

Will I send the orgional statements and should I photocopy them?

Also on the statements it only states "Charges as notified" how do I know what it is for, or does this not matter?

 

 

Many thanks in advance.

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  • 4 weeks later...

I sent the first letter(prelim) back about the 12th April and I have received the standard letter back saying "we are dealing with your complaint and it will take 8 weeks to solve,etc". I presume I send off the next letter after 14 days has expired?

 

Also, I never added on the SAR cost and postage costs- can I add these in the second letter?

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  • 2 months later...

I eventually got round to sending off both the prelim and LBA letters over the last few months and was getting round to taking it to the next stage when I got a letter last week that they didn't except responsibilty, but would pay me £1100 (looking to claim £2500), but if I cashed it, then I wouldn't take it further.

 

I haven't take it to the court stage yet, but I received a chque for £1100 today with a letter saying,

 

"Pleas find a cheque for £1100 in full and final settlement of our your complaint.

 

I trust that this is satisfactory, but please contact customer relations on the above number if you require any further assistance,"

 

 

I am really skint and I am about to cash the cheque- will I not be able to continue my case for the the other £1400 odd if I cash this?

 

Any help would be greatly appreciated.

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