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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
      • 160 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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Claiming on a Business account? Lets join forces?


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I wrote to my MP who passed this to the Parliamentary Ombudsman.

 

Who's the parliamentary ombudsman and what can they do?

 

I had many irrational decisions between 2007-2008 and lost thousands in refunds i should have received from the banks but where the adjudicators made the wrong decision.

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Look at 'What we can't help with'

 

Els

 

I don't see the FOS listed as one of the 'can't help with' organisations ... but is it a private company or a public body (it seems to be both).

 

I wrote to my MP who passed this to the Parliamentary Ombudsman.

 

Who did the MP pass to the Ombudsman? The FOS or the bank?

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  • 2 weeks later...
I don't see the FOS listed as one of the 'can't help with' organisations ... but is it a private company or a public body (it seems to be both).

 

 

 

Who did the MP pass to the Ombudsman? The FOS or the bank?

 

The Parliamentary Ombudsman looks at whether the FOS Ombudsman did the right thing and looks at the case as well. As far as i can remember.

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  • 2 weeks later...

Quick update - sent further letter to FOS stating why I did not agree with his decision. Received letter back saying his decision remains unchanged, however they have since received correspondence from Nat West stating that they object to the complaint being considered due to the fact that it is out of the 6 year time span and that the fos cannot consider it as it is not within the 6 year timespan! They say that this rule is not governed by any previous court hearing or the statute of limitations, but by the Financial Services and Markets Act 2000.

 

I dont understand, are the rules different for PPI claims, as I have had a couple of complaints dealt with by the FOS that were pre six years, and I have a few more with the FOS at the moment. The FOS seems to be full of differing opinions.

 

Tink

GE MONEY - DEBENHAMS CARD

Settled in full after prelim :)

 

MBNA

Settled after LBA

however mistake made by me on contractual interest so going after the rest now

SETTLED IN FULL JAN 2007:)

 

MINT

Offer after prelim rejected

Settled in full after LBA:)

 

to go:

Barclays Bus Ac - to mcol

Barclays CC - to mcol

Nat West (over 6 years) no action taken yet

Creation Financial - awaiting statements since Dec

Goldfish - offer after prelim rejected

and some more

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I dont understand, are the rules different for PPI claims, as I have had a couple of complaints dealt with by the FOS that were pre six years, and I have a few more with the FOS at the moment. The FOS seems to be full of differing opinions.

 

It depends on the bank and the FOS, who both work together.

 

There is a 6 year limit unless the bank misrepresented the facts to you and clearly with bank charges they did. So the limit to claim starts from when you discovered the misrepresentation. I haven't yet been able to figure out why we can only go back 6 years as the bank holds documents for almost forever.

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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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So if the FOS option is out of the window for me the only option would be court, but until there is a steadfast legal argument concerning business account charges I think I would be on very dodgy ground, especially with the claim being in the region of £23,000! and I simply havent got the money to throw at this with the very real possibility of losing. I feel absolutely gutted because winning this claim could have really changed things for us, but hey-ho at least I feel that I have given it my best shot and you never know maybe sometime in the future there may be something come up that gives a very real possibility of winning, in which case if there are any "guests" reading this, I havent drawn a line under this and the interest continues to rise!!! while I wait. (unpatiently)

 

Tink

GE MONEY - DEBENHAMS CARD

Settled in full after prelim :)

 

MBNA

Settled after LBA

however mistake made by me on contractual interest so going after the rest now

SETTLED IN FULL JAN 2007:)

 

MINT

Offer after prelim rejected

Settled in full after LBA:)

 

to go:

Barclays Bus Ac - to mcol

Barclays CC - to mcol

Nat West (over 6 years) no action taken yet

Creation Financial - awaiting statements since Dec

Goldfish - offer after prelim rejected

and some more

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  • 3 months later...

Can you elaborate ?

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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  • 3 weeks later...

Though slightly off topic, has anyone had a look at myleasecheck.com ?

 

Seems to be a different route for businesses having a go at lenders and with current caselaw finding in favour of the business worth a shot

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  • 6 months later...
  • 1 month later...

Hi,

My partner has huge problems with Nat West bank. The charges and charges almost every day something!

Do you have templates of letter to claim that charges? This is limited company.

I do understand that interest cannot be claimed back unless it is on fees?

My partners company is really suffering because of bank charges and recently got charged twice overdraft arrangement fee...

I do understand I cannot do nothing but as the company is my partners I know he can...

Any help?? Please

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Hi Monseedin,

 

Gaz is right - the only default charges you can get refunded are those relating to personal Credit Card or Loan Accounts.

 

Bank account charges are no longer reclaimable - whether they relate to a personal bank a/c, a business bank a/c or a Ltd Co bank a/c.

 

The only exception might be if you have personal bank account charges while you are suffering Financial Hardship - you can still attempt to reclaim these.

 

:-)

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Does it mean he can't do nothing about his business credit cards either?

:(

The charge that he got (overdraft arrangement fee) was taken twice, not like normally once a year, without any letter or information or even phone call saying it will be taken out second time.... When he talked to bank manager he just said they had to do more work so they charged him... Does it mean banks can do whatever they really want with business accounts???

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Hi Monseedin,

 

Gaz is right - the only default charges you can get refunded are those relating to personal Credit Card or Loan Accounts.

 

Bank account charges are no longer reclaimable - whether they relate to a personal bank a/c, a business bank a/c or a Ltd Co bank a/c.

 

The only exception might be if you have personal bank account charges while you are suffering Financial Hardship - you can still attempt to reclaim these.

 

:-)

 

Slick

 

I think you're jumping the gun - the issue of reclaiming unfair personal overdraft charges is far from over - even the SC (unusually) left the door open on this!.

 

However the Banks are typically no longer making any repayments on hardship grounds since they also are wrongly quoting the SC verdict to mislead everyone.

 

BD

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Yes agreed,for loans and accounts that have issues fall under CCA,then there are still avenues to pursue.

There is also unfair relationship,and unfair business practices to look at as well.

Much of the problems in the past which have frustrated business account customers from challenging,is that the banks and their legal teams have insisted that protective consumer regulatory statute,and guidance,is not relevant to business users since they do not fall within the meaning of a consumer.

I think business users should focus on clearly identifying those actions taken by the bank which have been unfair,have had an adverse effect on the business ability to trade,have led to situations where the business owners have suffered personally,etc etc.

For example;if the bank cancelled a direct debit which then meant business tax going unpaid,resulting in the Council taking enforcement action.

The bank taking charges which meant that amounts due to card transaction point of sale providers failing to be paid...sometimes these providers will remove their services -meaning that a trader then has no way to process card payments...ultimately having a devastating effect on business.

It is things like this that need to be looked at,rather than just making a complaint to the actual charges.

How has the bank responded when a complaint has been made ?

Has everything they have done been by the codes and standards ?

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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You see the only query my partner did was to bank manager...

It seemed pointless talking to him as the only thing he always says is: "I will see what I can do about it" and then he never does anything! :mad2:

The bank situation is effecting business very much recently and this is 2 people company only so it does effect us personally too.

Do you think on these basis he could claim the money back??

Thanks

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Martin,

What about the scenario that by taking bank charges, it put you in a situation where supplier cheques went unpaid, therefore we were put on stop, this happened to us more than a few times.

Also our overdraft facility was kept at a limit where it was impossible for us to run the business and we were advised when we changed banks that a business with the amount of turnover we had should have a much higher od.

GE MONEY - DEBENHAMS CARD

Settled in full after prelim :)

 

MBNA

Settled after LBA

however mistake made by me on contractual interest so going after the rest now

SETTLED IN FULL JAN 2007:)

 

MINT

Offer after prelim rejected

Settled in full after LBA:)

 

to go:

Barclays Bus Ac - to mcol

Barclays CC - to mcol

Nat West (over 6 years) no action taken yet

Creation Financial - awaiting statements since Dec

Goldfish - offer after prelim rejected

and some more

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Martin,

What about the scenario that by taking bank charges, it put you in a situation where supplier cheques went unpaid, therefore we were put on stop, this happened to us more than a few times.

Also our overdraft facility was kept at a limit where it was impossible for us to run the business and we were advised when we changed banks that a business with the amount of turnover we had should have a much higher od.

 

 

Yes this is certainly a good example of an unfair relationship,and demonstrates a breach of fiduciary duties.

Andrew Smith certainly did not look at any business bank account terms and conditions in the Test Case,whilst it is perhaps the case that they can argue the conclusion as regards charges not being penalties under common law or UTCC,apply to business accounts,the processes and ability to address a default before the bank takes its charges were materially different.

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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It seemed pointless talking to him as the only thing he always says is: "I will see what I can do about it" and then he never does anything!

The trouble here, as always, is that you need to confront the Business Mgr and challenge why they are taking O/D Arrangement fees that were not agreed in advance.

 

But in doing so, you risk them withdrawing the facility if they feel like it.

 

You really need to improve the relationship with the BM if you can. Show that you're willing to stand up for yourselves and not be used as a random fee earner. If he won't agree to refund the double O/D fee taken, maybe consider moving the a/c elsewhere where you can get fees agreed in advance.

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Martin,

Does this actually mean that my complaint is not dead in the water then. I have gone done every avenue except court - even hardship with the FOS and they found in favour of the bank.

This would be extremely good news for us as in a dire situation at the mo.

GE MONEY - DEBENHAMS CARD

Settled in full after prelim :)

 

MBNA

Settled after LBA

however mistake made by me on contractual interest so going after the rest now

SETTLED IN FULL JAN 2007:)

 

MINT

Offer after prelim rejected

Settled in full after LBA:)

 

to go:

Barclays Bus Ac - to mcol

Barclays CC - to mcol

Nat West (over 6 years) no action taken yet

Creation Financial - awaiting statements since Dec

Goldfish - offer after prelim rejected

and some more

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Hi Tink-can you give me links to any threads ref this ?

Are we talking about a business account here-and is it open or closed ?

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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