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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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Claiming on a Business account? Lets join forces?


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Hi all,

 

Off topic, but here's a little freebie tip for you all.

 

If your sick of junkmail, or you want to protect yourself from unscrupulous people getting hold of your details, and/or be able to trace how certain organisations got hold of your info, then use this tip.

 

When you fill in anything with personal details; address, email, phone etc, then give yourself an extra middle initial.

eg; If your name is John Smith, put down John B Smith.

Unless, it's something official or related to a financial product, then doing so is perfectly fine.

Then when you suddenly start recieving loads of junk mail, addressed to John B Smith, you will know where they got hold of your details, and be able to do something about it.

 

PM

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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I had quite forgotten that I had asked the OFT the following question way back in July!

 

Can you please confirm that, as the test case specifically refers to ‘the UK Consumer’, ‘personal current accounts’ and ‘UTCCRs’, the case will not extend to cover business accounts?

 

This morning I received a reply:

 

Thank you for your email of 27 July regarding your query. I am sorry for the delayed response.

I can confirm that the UTCCRs only apply to consumer bank accounts and not to business accounts. The regulations implement an EC Directive on unfair contract terms and apply to standard terms in contracts between businesses and consumers. Under the Regulations unfair terms are not binding on the consumer. They provide that a contractual term, which has not been individually negotiated, shall be regarded as unfair if contrary to the requirement of good faith it causes a significant imbalance in the parties' rights and obligations arising under the contract to the detriment of the consumer.

 

Els

 

 

Could you please PM me the letter from the OFT? Also do you know which EC directive they are referring to and where I could get a copy.

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Could you please PM me the letter from the OFT?

 

Done by email

 

Also do you know which EC directive they are referring to and where I could get a copy.

 

No, but someone on here will be able to tell you:)

 

Els

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Directive 93/13 I think is the one.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Actually I have read this for the first time and bearing in mind that UK law has to comply with EC directives it is pretty forthright about many of the issues we are encountering on here.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Just thought you might all like these quotes I've found :

 

 

 

"It is well enough that people of the nation do not understand our banking and monetary system, for if they did, I believe there would be a revolution before tomorrow morning." - Henry Ford

 

 

 

"The few who understand the system, will either be so interested in its profits, or so dependent on its favors that there will be no opposition from that class, while on the other hand, the great body of people, mentally incapable of comprehending the tremendous advantages...will bear its burden without complaint, and perhaps without suspecting that the system is inimical to their best interests." - Rothschild Brothers of London, communiqué to associates in New York June 25, 1863

 

 

"If you want to be slaves of bankers and pay the cost of your own slavery, then let the bankers control money and control credit.” — Sir Josiah Stamp, Director, Bank of England, 1940

 

 

"History records that the money changers have used every form of abuse, intrigue, deceit, and violent means possible to maintain their control over governments by controlling the money and its issuance." - James Madison, 4th US President

 

 

"Let me issue and control a nation's money and I care not who writes the laws." - Mayer Amschel Rothschild, 1790

 

 

 

PM

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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I've noticed that a lot of consumer account claims are being subject to stays as quite the norm now.

 

I'm wondering how Business account claims are fairing?

 

Are they too being routinely stayed, despite all the good reason not to be ?

 

Could anyone claiming on a business account, please post here whether or not they have been subjected to applications for stays, or had stays proposed by the courts?

Could you also please let us know whether you appealed, and what the outcome was?

It would be interesting and useful to build up a picture of what the general state of play is regards Business account claims.

 

PM

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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This is my

 

1000th post !!

 

....... I need to get out more !! :o

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All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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I would not worry about getting out, weather too miserable.

 

Depends where you are Guido. It's grand oop 'ere today!

 

Just to echo Andrew's comments, this thread has become a valuable and influential resource for all us business claimants. More power to your elbow PM!

 

Els

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Natwest have responded to our recent letter saying they will aim to respond within 4 weeks - they did not dismiss it as I was expecting;)

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Could try the Co-operative bank. That's where I have my business account and they have been good enough for my business. They also give free banking for Federation of small Business (FSB) members (which only costs £70 or £75 a year which gives you free legal help line too 24/7 for staff and family) so worth having on both counts.

 

Unless you were looking for an overdraft facility your credit rating, so long as you have some relatively good reasons behind it, shouldn't cause you too much grief in getting an account.

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Hi all,

recieved a letter from the court this morning, hearing to lift stay on 25th Oct, for my claim against the Co-operative Business Bank, have'nt been posting much lately or keeping up with things so better get my act together..Gc

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:???: My head hurts:???:

 

Been looking for a copy of a SAR i can send to HSBC regards a business account (sole trader), have read on here that i cant include certain terms so getting a little confused.

 

Does anyone have a copy of these letters i can use or adapt to suit our situation?

 

All we want to do is try and get some of their charges removed so that we can clear the overdraft (the one they put us in without even requesting one). since then they are charging approx £180 per month just in interest and fees. I know we cant claim the account handling fees but hey thats small compared to the rest they are trying to get away with.

 

Any help would be greatly appreciated and greatly recieved

 

I am really sorry if this has been answered elsewhere on the forum, but i just cant seem to see it.

 

Sytra

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SAR does not apply to business claims, only consumer, but I would have a try with it.

 

Have a look here at some of the different methods I used to obtain statements on a business account.

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:???: My head hurts:???:

 

Been looking for a copy of a S.A.R - (Subject Access Request) i can send to HSBC regards a business account (sole trader), have read on here that i cant include certain terms so getting a little confused.

 

Does anyone have a copy of these letters i can use or adapt to suit our situation?

 

All we want to do is try and get some of their charges removed so that we can clear the overdraft (the one they put us in without even requesting one). since then they are charging approx £180 per month just in interest and fees. I know we cant claim the account handling fees but hey thats small compared to the rest they are trying to get away with.

 

Any help would be greatly appreciated and greatly recieved

 

I am really sorry if this has been answered elsewhere on the forum, but i just cant seem to see it.

 

Sytra

 

Is it actually the S.A.R - (Subject Access Request) that your on about here?

I know all the abbreviations can be a bit confusing, so for clarification, the S.A.R - (Subject Access Request) is a preliminary letter most people send to their banks demanding either a list of charges or copies of statements as is their right as consumers under the Data Protection Act.

Whether or not it applies to Sole Traders is a grey area, and has been the subject of much debate (ie; the act does not cover Business' such as Ltd co's etc, but as a sole trader, it's debatable.... so perhaps as GuidoT says, worth a try if you don't have everything)?

As a Business, you really ought to have held onto this stuff for acounting and tax purposes etc anyhow? If you don't have it to hand, maybe your acountant or bookkeeper does ?

It is when you progress onto the the actual claim stage that you need take more care. This is when you will compose and file something called a Particulars of Claim (POC).

You need to ensure that you do not attempt to quote or base your claim upon any consumer statutes or law (for example, the UTCCR99; which is the Unfair Terms in Consumer Contracts Regulations 1999), as this only applies to consumers and not to business'.

If you have not done so already, then read the general step by step guides, and get familiar with the whole process. The guides are useful, but you will need to amend the standard CAG POC for something like the one that has been posted on this thread several times.

So that is another job for you.

To read this thread (I know it's long, but it's full of useful stuff) and get familiar with the principles and differences regards Business claims.

And your final task, is to start a thread of your own, so that you and others can keep track of your progress without it getting mixed up with others.

Go to the Forum for your bank, and under the option that says thread tools is the option to start a thread (I suggest you put Business somewhere in the title so people know it's a Business claim, and don't start giving you advice relevent only to consumers)

 

You are welcome once you have started a thread to copy and paste the link into a post on this thread (go to the web address at the top of your browser, highlight it, right click your mouse and click copy, then come back here and paste it into a post, again paste is a right click option)

 

 

Good luck

 

PM

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All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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