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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
      • 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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Refund of charges


cheshirecat
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First wrote to them on 29/11/05 and funds in my account 19/01/06. But don't forget we had Christmas inbetween, and I did not chase them up until 6th Jan.

 

Thanks for reply. I didn't realise that it wa such a short length of time, i honestly thought it would take a min of 6 months from start to finish. Would this be the avarage time?

Lloyds TSB -Settled in full 30/08/06 :)

Now whoes next :)

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You say that you thought it would take 6 months minimum. This is what happens if you allow the bank to dictate the schedule.

You have to alter the mindset of the bank.

Take control

Set the pace

Give short deadlines.

make the bank realise that it is your goodwill that must be sought - not their's

 

Banks aren't used to this kind of treatement.

You can have the whole thing done right up to the issue and service of the summons within 21 days if you want and if you do most of your "discussing" on the telephone.

I never deal with the Banch now. I deal with the customer relations department. Begin by telephoning their head office. Get the direct number of their cusotmer relations. Call them. Very soon you can maneouvre the conversation so that it is close to breaking down - in other words some operative keeps on saying that you did agree to the Bank's terms and conditions blah blah. Or else they start getting angry or upset.

Then interrupt the conversation and explain politely -

"I'm sorry, I know you are doing your best but you are merely repeating yourself (you attitide to me is becoming offensive) and I think that we are not getting anywhere. This discussion has broken down, I'd like to speak with a supervisor."

"A supervisor will call you back"

"I'm sorry but I don't have the confidence that my call will be returned. You have never kept your promises to do that before" (a white lie)

"You will be called back"

"I'm sorry but I don't have confidence in you, I'll hang on"

... a couple of minutes ...

"Hallo this is the supervisor"

 

Go though the process again. See how far up you can get until you feel that you are speaking with someone who is talking to you and not at you. get their direct line number. get their email. If they won't give you their own email then get the department one. Get the person to confirm that if you put their name on the subject line that the email will be routed to them.

Then discuss what you want. Ask them if they are taking notes and if they say no then ask them to do so.

be very firm but very polite about what you want.

Once you have done this, then you are in business. You know you have a line of direct communication by email (writing) which will be read within an hour or two of sending.

From that point you start sending emails. Begin with an email confirming in detail the conversation you have just had. You dictate your terms and deadlines and you just keep on going at each dealine on to the next stage until you send an "Email before Action" - always to the named individual.

 

If anyone says they will call you back - get a time for the call - this afternoon or "later this morning"

 

Then refuse the offer "as you will be away and will be difficult to get hold of." Say that you will call them instead. Ask them when would it be convenient. If they say tomorrow, tell them that this is not acceptable. tell them that you will call them this afternoon.

Always be the person who will do the calling. Otherwise if they don't call you you don't know if it is because they have forgaooten or aren't going to or that you have missed the call etc. You must keep the initaive.

 

If they don't make you an offer within about 3 days of you sendng your first email, then send them an email before action. Give them 14 days max (I have given 5 days before now). Specify in your letter a date by whch you say your deadling expires and then issue your summons exactly after that date.

 

Even if they start negotiating, don't stop the countdown clock. Remind them that the clock is still ticking and that your deadline referes to the date by which they must have met your demands in full.

 

( With Moneycliam you can issue a summons on a weekend if you like. I generally specifiy a deadline which expires on a Sunday - just to add a little spice to the matter :twisted: .)

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Which site is not there

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I know you say this, about you controlling how long it takes, but having worked for the bank I can say that legally they can make you wait 8 working weeks and there is nothing you can do about it.

 

The FSA that regulate banks stimulate that you need an acknowledgement of your complaint within 5 working days and then a resolve of that complaint within and upto 8 working weeks.

 

smile, do the 5 working day thing and then they try to resolve with 4 working weeks (to look better or get it done as quickly as possible), but as long as all banks follow the FSA guidelines of 8 working weeks, there is NOTHING you can do to speed it up!

 

Also, in regards to the ethical policy, people would moan at me about charging being non-ethical and I had to point out. Ethics has nothing to do with charging, the ethical policy is about where your money is invested, what types of businesses come onboard, etc the bank is still a company that has to make money after all.

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That is for FSA complaints - but these rules don't apply to court proceedings.

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  • 4 weeks later...

Damned good advice.

Just located this site today, after sending a returns demand letter last F

Friday in an opening salvo.

Got me letter template from bankchargeshell.co.uk site, i think. Will keep this board posted regarding proceedings.

How very heartening to read of others' successes. Power to all our elbows

Bern G

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  • 2 weeks later...
  • 11 months later...

i wrote to lloyds for refund and had a letter back to say it was right in applying charges to my account they said they would keep my file open,but i have let the date lapse can i still go ahead and threaten them with court action, has the charges are now more. i would like my money refunded

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  • 12 years later...

This topic was closed on 03/05/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

Banks, give them an inch and they will take a mile.

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