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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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unpaid Direct Debit


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Hi Millenitec, have you been charged for an unpaid DD by your utility copany then? Dont forget just because they may have written to you and told you what they will charge you does not make it lawful!

There is a thread regarding direct debit late fees under british gas (which is currently at the top - but will try and be more specific in a mo). And from where I can see it, you can claim back any fees where they are a penalty charge. If it's a penalty charge then the utility co. must be able to justify their costs or its unlawful.

I would write to the utility company and request the fee back....

Cheers Red

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Hi the charge is for £11.00 for a Direct Debit payment that is not honoured after spending a couple of hours i found the charge on there web site Northubrian water i spoke to a customer service advisor who informed me that this charge is lawfull and fair abd it is clearly printed on the reverse of the bill it is not

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Hi again Millenitec,

even if the charge is on their bill, or forms part of Northumbrian Water's terms and conditions does NOT make it a lawful charge

It is a penalty charge which can be reclaimed.

Send a letter requesting the fee is refunded, saying that you would like them to justify the breakdown of the charge, and if they cannot justify the costs, then it must be a penalty charge and if they do not refund the charge then you will be prepared to take them through the small claims court in order to retrieve the charges.

I say put it in writing because then you can't be fobbed off by someone who has probably been trained to tell you that the charges they enforce are lawful because they have put the charges on the reverse of your bill, which is not correct.

send any mail recorded, and hopefully they will sit up and listen!

Regards Red

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  • 2 weeks later...

Hi Just a quick update a letter has arived regarding my call to the call centre " I write to advise that the £10.60 fee covers administration charges incurred by Northumbrian Water following the failure of you direct debit."

"Unfortunatley we can not be held responsible for an error by your bank and we do have to recover adminisration charges incurred therefore it will not be possible to remove the failed direct debit fee from you account"

"should you wish to discuss any of the information included in this letter or have any further points you would like to raise please contact us

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I would suggest that you request a break down of their administration costs to jusitfy their charge to you if you still want to persue this further, it still seems high for an administration fee, especially if it is all electronic like with the high street banks.

If they cant reasonably justify their admin fee then it would be a penalty IMO

Red

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Guest 10110001
Can we use the same system as used for the banks to claim back unfair charges for utilites ???

 

Thanks in advance

 

If the water company can prove they have suffered a financial loss of £11 for your unpaid Cheque then it’s lawful. If they can’t prove it then it’s not. Heres why:

 

Statutory Instrument 1999 No. 2083

 

It says under SCHEDULE 2 of Regulation 5(5) Paragraph 1(e)

 

Requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation;

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