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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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John Vs The Woolwich


Codfather
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Sent the first letter yesterday by recorded delivery. Was signed for today according to Royal Mail website.

 

Will enjoy this due to the way they treated me. Standing in a supermarket and found they'd cancelled all my cards even though I was in credit.

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  • 1 month later...

HI Cod

 

I sent my 1st letter on24th Feb so it's nice toknow some people are getting their statements through before 40 +2 days up. Have you got your next letter in envelope ready to send recorded tomorrow?

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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  • 2 months later...

I have just received two letters from the Woolwich. Both letters were sent on the same day with the same reference number and signatory.

 

The first letter repudiated the claim, the second offered a payment of £1,597.50 less an alleged debt of £78.76. This alleged debt is rubbish. The accounts only had access by electron card and had not had any outgoing payments for two months before I closed the account because of the bad service I was receiving. They had actually cancelled the Electron card two months before the account was closed and all direct debits and standing orders were cancelled two months before that. All accounts were closed with a zero balance, unlawful charges notwithstanding,.

 

Furthermore, they have never said before about this alleged debt.

 

The original claim was for £2,130.00 plus £478.17 interest making a total of £2,608.17 but the interest now stands at £503.94 making a total of £2,633.94 as of todays date.

 

Any comments before I respond?

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If you are going to reject their offer and MCOL claim this evening for £2,633.94, I have no comment just a big cheerful :D

 

Interesting that list of charges they sent you failed to list a closing balance -£78.76; perhaps you could point out this contradiction within your rejection letter.

 

Have you checked that the Account number they quoted on the letter is definitely yours - nothing suprises me anymore. Is it possible that you had other accounts with them and they have simply quoted an outstanding balance from a satellite account/loan ?

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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If you are going to reject their offer and MCOL claim this evening for £2,633.94, I have no comment just a big cheerful :D

 

Interesting that list of charges they sent you failed to list a closing balance -£78.76; perhaps you could point out this contradiction within your rejection letter.

 

Have you checked that the Account number they quoted on the letter is definitely yours - nothing suprises me anymore. Is it possible that you had other accounts with them and they have simply quoted an outstanding balance from a satellite account/loan ?

 

I checked my original Data Protection Act letter and I listed 2 accounts by numbers and said there could be others. I checked the reference number of the letter and it does correspond with an account number I supplied although there is a letter with a different reference number but it was only an acknowledgement.

 

When I closed the accounts, I was in the branch and demanded that all accounts I held with them were closed instantly and any money left to be handed over in cash as I was not going to put up with the appalling customer service. All accounts were saving accounts and if they made a mistake in their calculations, they are not on very strong ground to refer to it now as they have not broached the matter before.

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I have found that the "Our Reference Number" changes with every piece of correspondence even with a singular claim/account so it doesn't appear to be a permanent file/dispute ID reference.

 

I think it's unlikely that they would (or could) have closed down accounts upon customer request where a negative balance existed.

 

I'd be inclined to ignore this issue and just get on with claiming the full amount - don't get side tracked, one of their favourite pastimes!

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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