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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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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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funkstar_delux vs. LloydsTSB


funkstar_delux
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Am just starting out on this one! In fact, am only just writing my letter requesting a refund (I already had all my statements so I didn't need to ask for those.) My calculations have come out at them charging me 676.50 in charges since April '02 (797.74 with statutory interest.) I know from reading the forums on this site and others that LLoyds are notorious for dragging their heels when it comes to these cases, so wish me luck!:rolleyes:

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Am just starting out on this one! In fact, am only just writing my letter requesting a refund (I already had all my statements so I didn't need to ask for those.) My calculations have come out at them charging me 676.50 in charges since April '02 (797.74 with statutory interest.) I know from reading the forums on this site and others that LLoyds are notorious for dragging their heels when it comes to these cases, so wish me luck!:rolleyes:

I have only just heard about claiming my bank charges back so i have only just logged on any tips would be helpful.Iam also claiming charges from Lloydstsb and i am unsure where to start

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Hi Piggin!

The best place to start really is to write to Lloyds Data Protection people (address is in the Contacts section) and request all details of charges on your account for the last 6 years. There are template letters on this site for every step of the process. Once you get that info (they have 40 days to send it to you,) then you can start to add up exactly how much they have taken from you. Be aware that they bank can charge UP TO £10 to send you this info. You can save time and send them a cheque for this amount with your request. Once you have added up the charges, you can then contact them to request a refund and go from there. Hope this helps!

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thanks i am looking for the address now to request statements,im expecting a fight but they ve been taking money from me for years and they are messin with the wrong person.Im not taking any rubbish from them no more

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  • 2 weeks later...

Ok, so I received a reply from LLoyds this morning which I want to share with you guys. I would also like some advice on how to proceed. Anyway, here it is:

 

Dear Miss P*****

 

Complaint Reference: *****

 

I am just writing ti let you know that we have received you complaint - and to say how sorry I am to learn that you feel you have cause to complain.

 

Please get in touch if we've misunderstood your concerns or if you have some more information you want us to have. If we don't hear back from you in the next couple of days, we will carry on with our investigation using the information you've already provided.

 

We expect our enquiries to be complteted within the next four weeks but we will try to get our response to you sooner if we can. If there's a delay, we will let you know why and we'll give you an idea of when you can expect to receive a full response to your complaint. I hope we can sort things out for you.

 

In the meantime attached to this letter is a document called 'Voicing Your Concerns'. This tells you all you need to know about resolving your complaint with us.

 

Yours Sincerely

Kerry Parfitt

Customer Services Recovery

 

Ok. So now I'm not sure if I should just carry on with sending my second letter, or should I just take this as an acknowledgement of my complaint and give them their 4 weeks? I'm thinking that this might work in my favour if I allow them that time...?

 

Or should I just go at it all guns blazing and continue with my next letter to them?

 

Any help with this would be greatly appreciated :)

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When the 14 days are up, send your next letter. It's a standard stalling letter.Then when the 14 days are up on that, issue your claim regardless of what nonsense they give you :)

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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Funkstar - had exactly the same letter.

But have done the same, sent my second letter giving them 14 days before I start my court papers.

 

Good luck.

Lloyds TSB reclaiming £2587 - 1st letter sent 12/3 :D

Lloyds TSB Business reclaiming £1065 - Not yet started ;)

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OK....my LBA is sent! Posted it off yesterday and am beginning to feel a little nervous. Is that normal?! I think it's because I KNOW from reading on here that they are highly unlikely to settle until they are literally on the court house steps! Am glad there are plenty of people on here to offer advice :)

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  • 3 weeks later...

Hi guys!

Just a brief update. I sent out my letter before action on the 31st March, and got a response on 15th April. Basically it was just another fob-off letter: '...we would have hoped to have resolved this by now. I am sorry to say that despite our best efforts, we have been unable to do so yet. We will write to you within the next four weeks...' blah blah blah! They don't even promise in this letter that they will resolve the issue within another four weeks, just that they will write with '...our response to your complaint or with an estimate of when you can expect it.' How long does it take?!

Anyway, just to let you guys know that I will be attempting to get my paperwork together over the next couple of days and then filing papers at court next week. Eeeek! Am getting a little nervous now!

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  • 2 weeks later...

Hi guys! I haven't yet started proceedings at court, and I received another letter from Lloyds this morning. I'm after a little advice; is this just another stalling tactic? Anyway, here is the letter:

 

---------------------------------------------------------

Dear Miss P*****

 

Thank you for getting in touch with us. I am sorry you are unhappy about your bank 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 might need them. 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 n our website.

Just as importantly, we do everything we can to help customers avoid these charges. You can also 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 your agreed limit, you're welcome to see if there's anything we can do.

The Office of Fair Trading has published new guidlines on credit card default charges. We're still talking it through with them, but the important point is that the guidlines are about 'default' charges that people pay when they break an agreement with us. This does not apply to your charges as these were for dealing with your request to go over your agreed overdraft limit. They 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.

I hope this fully answers the points you raised with us. Please let me know if there is anything else I can do help. If we cannot come to an agreement, I will provide you with details of the Financial Ombudsman Service so they can consider your complaint independently.

If you are happy with the way I have dealt with your complaint, there is no need for you to reply to my letter. If I have not heard from you by 18/06/2007 I will close my file, though of course I will re-open it should you come back at any point afterwards.

 

Yours Sincerely,

Stuart Ross

Customer Service Recovery Centre Andover

--------------------------------------------------

 

Now my question is, is all this just bluster? Or are they right in saying this? As far as I was aware, I'm not challenging them charging me...what I am challenging is the AMOUNT of these charges considering it costs them about 10p to send out an automated letter!

 

I really need some reassurance on this one....:-|

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