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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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Total bankers***won***


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mistake sorry

 

 

I started a question but realised I knew the answer but sent a blank meesage so was just appologising to all the helpers that would have looked at it in anticipation of helping me with yet another problem:oops:

 

While I am here though, can someone point me to the nudging letter template as I am about to send my second one as 10 days has passed since first?

I know I should know where it is but have the memory of a goldfish!:?

 

Thanks all!

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Has anyone any thoughts on this letter my wife got today from the worlds loco bank.

this is as a result of her going overdrawn for 1 day as a payment went out early. Bear in mind that she has not had any contact with the bank regarding this!

 

"I am pleased to advise you that we have agreed your recent informal request for an overdraft. The balance of your account is now £xxxxxx overdrawn. Please remember, all overdrafts are repayable on demand.

An informal overdraft request occurs when you authorise a payment from your account that, if payed by us, would take you overdrawn. This informal overdraft is specific to the payment concerned. We will reveiw all subsequent informal overdraft requests on an individual basis.

An arrangement fee may be payable for this informal overdraft and any subsequent requests that we agree. We will pre notify you of any such fees before they are passed.

Every informal overdraft we agree to may cost you an arrangement fee. if you anticipate that you may want to make frequent informal overdraft requests, it may be cheaper for you to apply in advance for a formal overdraft. A formal overdraft facility can last for up to 12 months and carries a one off fee of £25"

 

 

it seems to me they are forceing her to agree to the Arrangement fees next time she bounces anything.

Any oppinions:confused:

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Has anyone any thoughts on this letter my wife got today from the worlds loco bank.

this is as a result of her going overdrawn for 1 day as a payment went out early. Bear in mind that she has not had any contact with the bank regarding this!

 

"I am pleased to advise you that we have agreed your recent informal request for an overdraft. The balance of your account is now £xxxxxx overdrawn. Please remember, all overdrafts are repayable on demand.

An informal overdraft request occurs when you authorise a payment from your account that, if payed by us, would take you overdrawn. This informal overdraft is specific to the payment concerned. We will reveiw all subsequent informal overdraft requests on an individual basis.

An arrangement fee may be payable for this informal overdraft and any subsequent requests that we agree. We will pre notify you of any such fees before they are passed.

Every informal overdraft we agree to may cost you an arrangement fee. if you anticipate that you may want to make frequent informal overdraft requests, it may be cheaper for you to apply in advance for a formal overdraft. A formal overdraft facility can last for up to 12 months and carries a one off fee of £25"

 

 

it seems to me they are forceing her to agree to the Arrangement fees next time she bounces anything.

Any oppinions:confused:

 

 

Will this give them a legitamte defence in court to any future claims on charges?

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This is just another way of dressing up unfair penalty fees. It makes no difference to claims and attempt to get charges paid back in the future. The banks however are trying to convince people that things have changed in a vain attempt to put people off claiming charges. Very sneaky!!! But it won't work and we will carry on. :-)

Guide to claiming back your bank charges

 

Most of your questions can be answered by following this link.

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Shakespeare said "a rose by any other name would smell as sweet" but that was in the context of the two lovers in Romeo and Juliet.

 

Personally I like a line Netty used a few days ago "If it barks its a dog" and in this context I’m sure Will would have approved too him being almost a Brumie lad

 

You go over your allowed limit; they write you a letter and tell you then charge you between £25 to £150. Does it really matter what they say in their letter? They have actually done nothing new except write another one off standard letter. It’s still a dog.

 

pete

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Nice one pete, you should be on the stage!

So what peeps are thinking is that this makes no difference to future claims?

I was thinking that after them informing me(well, the wife) of these facts, that if I continued to use the account and exeeded the O/D ,that as I was aware there "may be a charge" for doing this that somehow I had agreed to the charges?

Or is that what they want you think so you wouldn't try to reclaim any future charges?:confused:

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Freaky they are just trying to find ways of making people think that the charges are legitimate and that they can't be claimed back either now or in the future.

 

"Cat's motto No matter what you've done wrong, always try to make it look like the dog did it." :D

Guide to claiming back your bank charges

 

Most of your questions can be answered by following this link.

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ok thanks. Thing is they have charged the missus for this 1 day breech and I was unsure how to deal with it as I have not seen this wording before. If you think it is just the useual BS then I will ring them tomm and ask for a refund!:)

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  • 2 weeks later...

Thinking of sending this as my 3rd nudge letter. Any thoughts?

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

 

Re: XXXXX - v - HSBC

account no,

claim no and filing date.

 

 

 

I am writing you today in a further effort to ask you to consider my claim. I am most disappointed that you have not even acknowledged my previous correspondence.

 

I have filed my claim on xx/xx/xx. You have defended it at the last possible moment.

I have been notified that the Allocation Questionnaire is being dispensed with in this case and that it has been transferred to Mold County Court with the hearing to be held on 20th June. I have written to you twice in the past, asking for you to consider my claim and reply to me. I have heard nothing. Were this to come before a judge, it would be obvious who has made any attempts at resolution.

It is my feeling that you seem to have no intention of defending this claim in court and are simply procrastinating dealing with my claim.

 

 

I am mindful of the vast number of claims with which you are currently dealing. In order to more speedily resolve this matter, I am willing to accept the sum of £xxxx. I am willing to leave out the amount of £0.50 per day from the date I filed filed the claim if you resolve this claim within 14 days of receiving this letter. I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

 

Please find enclosed another copy of my schedule of charges relating to this claim.

 

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. I am sure that the courts would whole heartedly approve of our settling this matter in a timely manner and without their further intervention. I look forward to hearing from you.

 

Sincerely,

FreakyleakyImage1.gif

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Freaky, your supposed to do one every 10 days, don’t think its 30 days since you got transferred to your local court.

There is a fine line between nudging to try to get an offer and harassment. Don’t be over eager unless you have one of these silly mediation directions then you can blame the District Judge

pete

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Pete, you are right, I am not sending it tomorrow, just preparing. 10 days is a long time so just trying to keep busy.

The o/h works in a sols and says that all files that are time sensitive will be bookmarked on the comp and only looked at as and when they need to be, ie 3 weeks before a court date or other deadline. I still think the nudges are a good thing as it does show the court that at least you have tried to resolve. (if it ever got that far).:)

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they must have a damn good computer system if it can take care of this - i don't think most bank's solicitors firms are geared up to what has been happening (keep in mind dg is an -in-house solicitor dealing mostly with collections and other general banking law). and it must be a bit like watching an volcano erupting and the lava flowing towards you....wondering how long you've got before it swallows you.

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