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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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Reaver V's Lloyds TSB - oh we'll see!!


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Hey all,

 

I sent My pre-lim letter off to Lloyds TSB on the 23th feburary 2007.

I was just finishing using my lloyds account back at the end of 2003 and left 92p in there.There were two charge's of thirty pounds for unpaid direct debits. so it went overdrawn and they charged sum interest.

 

I've used the compound interest spreadsheet. Worked out they owed me £150 odd.I paided this off last year I think.

 

Got a letter from lloyds today.

Any advice all,many thanks in advance.

 

 

Cheers all ReaVer

 

 

I borrow my mates scanner and text bridged the letter....

Lloyds TSB

Lloyds TSB Bank Plc

Customer Service

Recovery Centre

Charlton Place

Andover

Hampshire

SP10 1RE

28 February 2007

Telephone 01264832297 Facsimile : 01264 832238

xxxxxxxxxxx

xxxxxxxxxxxxxxx

xxxxxx

xxxxxx

xxxxxxx

Ref: JB - xxxxxxxxxxxxx

Dear Mr Gibson

Thank you for getting in touch with us. I am sorry you are unhappy about your account charges.

Like any business, we do make a charge for some of our extra services. When customers don't have enough in their accounts to cover a payment, this always means extra work - and it has to happen very quickly. We have to agree to make the payment by setting up or increasing an overdraft, or tell customers we can't agree it. We feel it's fair to charge for this service.

Of course it's only fair too, that we're completely open about any charged-for services before you take them up. That's why we take care to give every new customer the latest guide to our charges. You can also get up-to-date details about fees and borrowing rates at all our branches, through our helpline and on our website.

Just as importantly, we do everything we can to help our customers avoid these charges altogether. I'm sure you'll know how easy it is to keep a running check on how much is in your account. You're free to get an up-to-date balance at any of our cash machines, over the phone, on line and by weekly text to your mobile. If you know a payment is going to take you over the limit we've agreed, you're welcome to see if we can raise it - and we can usually give you an answer straight away. Again we can do that for you by phone, on line or at any of our branches.

You've mentioned the new guidelines from the Office of Fair Trading on credit card default charges. We don't agree with the OFT's thinking on this and we're still talking it through with them. But the important point is that the guidelines are about ‘default' charges that people pay when they break an agreement with us. The fees we charge for dealing with your request to go over your agreed overdraft limit are not default charges because you haven't broken your agreement. They are our prices for the service we provide in these situations.

I do hope you can see that we make our charging system as fair as possible - and why I can't agree to cancel your charges.

Please let me know if there is anything else I can do. If we cannot come to an agreed solution after this I will help you refer your complaint to the Financial Ombudsman Service for independent advice.

If you are happy with the way I have dealt with your complaint, there is no need to reply to my letter. If I have not heard back from you by the 25/0412007,1 will close my file, though I will be happy to reopen it should you come back at any point afterwards.

Yours sincerely,

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yeah, thats standard,ive had 1 of those along with about 2000 others lol.

 

send the LBA now.

 

keep us posted.

 

good luck.

 

matt

Lloyds settled in full

£4010.02:D

 

Halifax CC settled

£417.00 :D

 

Lloyds PPI

£3672.15 Refunded off loan :D

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  • 4 weeks later...

Hey all.

 

Right the 28 working days should be up on the 4th of april I think, but they've replied as I said above. So I'm getting ready to send my Letter Before Action, Just suddenly feeling a little daunted at the through of going to court. Has anybody got any advice or can tell me what I need to do? I keep intenting to read the 'Small Claims Procedure by Judge Patricia Pearl-An excellent guide for the layperson' that I got but haven't yet found the time. Only managed a little look at the law pack I got too.

 

Well in the mean time I'm just going to edit the LBA to be a little more relavant.

 

Cheers all.

 

Reaver

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  • 4 weeks later...

Hey all.

 

Erm still haven't heard anything from lloyds tsb yet.

 

Here's the letter I sent in the end

 

xxxxxxxxxxxxxxxxxx

xxxxxxxxxxxxxxxxx

xxxxxxxx

xxxxxxxx

Lloyds TSB Bank Plc,

Charlton place,

Andover,

Hampshire

SP10 1RE.

 

 

31st March 2007

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxxxxx

SORT SCODE: xx-xx-xx

 

I am very disappointed with your response(your ref : JB-280207335) to my letter of the 23 February 2007.In which mention the OFT’s guidelines are for ‘default’ and going over an arranged overdraft charge is not a ‘default’ charge. I think you’ll find my charges are for unpaid direct debit, which is a default charge.

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £60.00 plus £2.58 which you have charged me in overdraft interest for the sum which you have taken. Total £62.58. Also as due to the level of my grievance I feel it necessary to hold you to the original contract on my account. Therefore charging you your interest rate of 29.80% apr (your current unauthorised overdraft rate) on the above amount from when you charged me until now. I’m sure any court will agree this is fair, and this amount will continue to accumulate until court proceedings are issued. This brings the Total to £155.53.

I am enclosing a copy of the schedule of the charges, which I am claiming. I have already sent you a copy of this in my original letter of the 23 February 2007.

 

Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

I require repayment in full of this money and removal of the default notice. If you do not comply fully within 28 days then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 plus my costs and without further notice.

 

 

Yours faithfully

xxxxxxxxxx

 

Can anybody offer any pointers on what to do next. and/or work out when 28 days ends. cheers :-) can never work out when bank hols etc are.

 

Reaver

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Hya Barty

 

I know that now. But whats done is done and atleast is more time I guess. But there was a reason...I'm doing this with Barclaycard,capital one,alliance & leicester and Cabot they dept collection agencie for Barclaycard too, so throught I'd give myself more time too.

 

But it's deffinatly not working day but calendar days yeah? interesting...

 

 

Reaver

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  • 8 months later...

Hey Im The Reaver and Im a persistant little begger sometime, and this is going to be one of those times. I had left this thread alone for a while and my banks and credit cards,having heard that there was a big court case in january of 2008, well has anyone heard anything???????

 

I haven't so I'm going back to basics and back to what I've done already.....and care to offer any advice on what to do now after I've left it so long, should I resend the prilimary letters etc or has anyone heard about this big court case?????

 

Many thanks ya all.

 

Reaver

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Hi, Reaver.

 

Have a look at this..............

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/107573-oft-test-case-what.html

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

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Ah that is indeed what I was looking for. Many thanks there.

I guess I should just restart my timetable, I may have lost out on some of the older monies, but then again, they're still enforcing the depts in all my other battle so...

 

Thanks scott

 

Reav

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But on this thread I doing a tactical pause, as its only worth 150 ish to me and I've paid off the account which cost me 70ish and is paided and done with now. I have three other to be getting on with.......

 

 

But My battle against A&l, capital one and barcalys/cabot continue!!

 

Reav

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