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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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Tom Brennan v NatWest - This is a must-read!!!


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Would this be why Nat-wets have gone all quiet??

 

I was offered a cheque last week but it's still not arrived??

 

 

BJ

 

I shouldn't think so, no.

 

The case at the moment is in County Court to decide whether Tom has a case and whether it can be allowed to continue onwards and upwards. IF the judge decides so, then we are still months away from any decision that will influence our cases one way or another.

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A friend of mine sent her pelim letter to nat west 11th march for £1,800. Thay settled with interest friday.:shock:

Taff-p. v BARCLAYS

S,A,R. SENT 23RD FEBRUARY

 

Taff-p. v LLOYDS TSB

S,A,R SENT 23RD FEBRUARY

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Ha ha!

 

That does sound very cynical, but what a set up that could be, the banks club together and pay somebody to 'lose' a case against them and suddenly the whole bank charges reclaim phenomenon comes to an end. Saving the bank potentially hundreds of millions!

 

Not even the banks would drop that low, or would they?!

 

I heard somewhere (sorry, can't remember the source now) that the combined banks have, over the years, accrued a figure (somewhere) in the region of $22 billion from unlawful bank charges.

 

The question therefore, is would they collectively take steps to limit the amount they may have to payback, including damages?

 

Wouldn't you?

 

Can you see the Chancellor or the Governor of the Bank of England standing idly by while the banks multiple year on year run of record profits (and record taxation revenues from banks) suddenly dries up and reverses, followed by years upon years of losses, and the concomitant loss in confidence in the banking sector?

 

The last time this scenario (scary losses in the banking sector) reared its ugly head was in the late mid-Eighties when many of the High Street bank were, de facto, bankrupt due to their reckless lending portfolios to less developed nations and dodgy third world sovereign nations.

 

Guess how how those same bankrupt banks rallied their fortunes and retured to record profit making ventures in just a few short years?

 

Answers on a postcard...

 

Shoestring

 

PS, personally, I hope Brennan is on the up and up and wins, but this whole mater of banks repaying massive sums of past unlawful charges is going to come to an end sooner or later -- by fair means (legal) or foul (legislation).

The more I read this site, the more congratulations I want to heap on CAG for the invaluable service they are performing. Bravo!

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All due respect shoe string. Your argument is feasable , but a tad far fetched. The point you have not grasped is that these bank penalty charges are in breach of our contract. with the bank. The law of this country quite clearly states the amount of damages to be paid to one party if the other party should breach the contract. This is termed liquified damages. Under the common law, a liquidated damages clause will not be enforced if the purpose of the term is solely to punish a breach of contract (in this case it is termed penal damages). The clause will however be enforceable if it is a genuine attempt to pre-quantify a loss, ie a genuine pre-estimate of economic loss. Many clauses which are found to be penal are expressed as liquidated damages clauses but are seen by courts as excessive and thus invalid. I hope you can understand this. The banks would do better to use their bloated profits to try and change the law of the land. Yes Brennan's case is important, but not for the charges issue, but for the damages.

As far as the paying out of re-claimed bank charges. Again as long as the law is not changed they will have to pay out into infinity.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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Parkvale, I understand what you say and I genuinely hope it remains the case.

 

As for whether my suspicions are far fetched or not would require a study of shadow history...almost thirteen years and counting in my case.

 

But the key question remains: would the banks and all the interested parties allow that kind of money (£22 billion - supposing it is the true figure PLUS additional and unspecified sums of "damages") to be wiped of the balance sheets of City banks and go back into the pockets of the muppet majority?

 

Think about it.

 

Yours in hope

 

Shoestring

The more I read this site, the more congratulations I want to heap on CAG for the invaluable service they are performing. Bravo!

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"The muppet minority." Are already re- plenishing those £22 billion with increases on their charges in their bank accounts and on their credit cards. I do agree with you that they will get their charges back, but through the back door.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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Have already been notified by Morgan Stanley that from June there will be an annual fee of £20 for having one of their credit cards.

 

 

Get the scissors out then, Chop chop :) This will open up even more competition for those companies wishing to undercut other companies with respect to charges. The Banks' spitefulness will ultimately end up benefitting those customers they are attempting to punish for daring to stand up to them!

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I'm really worried. What if he messes up? what if he is a stooge? I can't help but feel if anyone was going to take it all the way it should have been Dave or Bankfodder or Bookworm. Not some solicitor out to make a name for himself. I've no confidence in him.

BOS - Prelim letter del 19/5/06 LBA del. no response - filed 12/06

Clydesdale Financial Services - Gave them their chances off to court we go!

HSBC - Watch out I'm coming after you next!

 

If you like anything I say click the scales!

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Confidence or not Sky,at least Tom feels that he can achieve something from this case.

 

Agreed that he will make a name for himself if he wins but he also knows the consequences should he lose.

PPMAN159

 

If this comment has helped please click on the scales.

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I suppose what he acheives all depends on whether he is the real deal or just someone employed by the banks. We all know they will stop at nothing.

BOS - Prelim letter del 19/5/06 LBA del. no response - filed 12/06

Clydesdale Financial Services - Gave them their chances off to court we go!

HSBC - Watch out I'm coming after you next!

 

If you like anything I say click the scales!

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Pete's sake!!

 

This guy is risking his financial future, his reputation and career for what he believes to be right, give him the credit and support he deserves!!! This talk about stooge this, stooge that is quite frankly disgraceful and selfish behaviour.

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Well said Johno

 

I bet that all of the people who feel that Tom is just a 'stooge' will be only too happy to share in the success when he wins.

 

Thats the probl;em wirth this country-we are onky too willing to build people up and then knock them straight back down again when we get tired of them.

 

We should all get behind Tom-after all he is the one with the balls to take on the banks face to face

PPMAN159

 

If this comment has helped please click on the scales.

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