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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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**WON** Laurajayne v Lloyds...didn't require court!


laurajayne
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Hi all,

 

Just thought I'd let you know of my recent victory using the Financial Ombudsman as opposed to court. This route was free bar the postage to send off my complaint! Financial Ombudsman Service They now have bank charges reclaim help on their front pages :smile:

 

As a result, £1239 of charges has been refunded to my account! Yippee!

 

Good Luck :)

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How long did the process take?

 

And well done :) I presume you didn't get the 8% statutory interest?

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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Well, I sent off the info at the end of Jan, and recieved the letter informing me that they'd passed it to Lloyds mid Feb, and just had the bank charges credited to my account today...so just over a month :D

 

I didn't get the 8% interest, but I didn't mind so much as I hadn't had to fork out for MoneyClaim...as I'm working to pay off my debts, I don't have the spare money availiable to use this avenue at the moment

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It is good to hear that the FOS is working - court fees are a lot of money to find for a lot of people knowing that it could be a while before they get them back.

 

Enjoy the money :)

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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Hi Laurajayne

 

Have they applied any conditions, advised closing your account or said anything about future charges?

 

I am nearly at the stage of MCOL claim.

 

Although somewhat surprised that they have seemingly paid out with no problems, yet getting heavy with some who have starting court action.

 

Interested in your story and well done :)

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  • 2 weeks later...

Hi Laurajayne,

 

It`s great to hear someone has actually won a claim without taking court action.

 

I just started my campaign on Friday by sending off my Prelim Letter requesting a refund.

 

Could you please tell us what letter / template you used or indeed your full method to recover your money via the Financial Abudman?

 

I`m sure everyone on hear would be very interested.

 

We look forward to hearing from you.

 

 

N.P

 

 

WELL DONE!!!

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Hello LauraJayne

 

I have a list of my charges and have just called the FOM and they are going to write on my behalf to lodge a compliant. They asked for my details and account no.

Did you also send a separate letter to reclaim the charges or left it to the FOM. They said that LLoyds should now contact and deal with me directly (with 8 wks) does this sound right to you?

Thanks! :D

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hi all i thought i would try going down this route with the financial ombudsmans service first i phone them they took account no what bank it was they said they would write to them and tell them i had a complaint to give it 5 days and if i had not heard from them send them a letter detailing my complaint with what i want them to do to resolve it which i did i also enclosed breakdown of charges sent this registered post, they have 8 weeks to resolve my complaint which means pay up if they have not done so by 8 weeks i then have to send a formal complaint form to the financial ombudsman they will then investagate. The bloke i spoke to said it would not come to that as the banks do not want them poking around plus they cannot show anyone how it cost £35 to fail a dd payment, so i will sit back and see what happens will keep you posted.

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