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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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Lost24 ~V~ Sainsburys Bank Visa


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Hi - I am in the process of trying to reclaim charges from Sainsburys Visa.

 

I have a DMP and any refund will be used to reduce the o/s debt but the sequence of events are as follows:

 

October 2005 realised I was in trouble and sent out budget sheets & offers per National Debtline. All my other creditors except Sainsburys accepted my offer. They started to charge fees which total £525.00 and were continualling calling me at home and at work. I wrote to the OFT and had to change my telephone number.

 

I was worried about reclaiming them in case it affected the DMP and that they would started calling me again, but I sent out my first letter to them on 28/02/07

 

They responded with a letter dated 5/03/07 received on 20/03/07 stating the charges were lawful and no refund was applicable.

 

I sent out a second letter (21/03/07) giving them 14 days or I would commence court proceedings.

 

Letter received Sainsburys dated 11/04/07 saying they will refund half as a gesture of goodwill but I have to sign a full & final settlement form? Is this wise?

 

Can I decline this offer, and ask more? I really don't want to take them to court as I cannot afford the £80

I'm new to all this

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The fees they have charged you. If these are penalty fees then they are unlawful,and you have a legal right to claim them back. I suspect they are. As they would not have offered you anything back out of the goodness of their heart. Well done and don't give in to their intimidating offers.Good luck.

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html#post436526

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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Lost24 due to your circumstances you may be able to get an exemption from paying court fees. Have a look into it and if your not sure contact the court they may be able to advise you.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Good Morning Parkvale & rory32,

 

Thanks for your advice. I sent a letter without prejudice asking for 2/3rds of my claim - to avoid paying the court fee as I did check and the fee is £80 & I would have to pay. I gave them 14 days to re-credit the account or I would commence proceedings. Now its just a waiting game.

 

Thanks again and will keep you posted!

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Pleasure :)

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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You do know if you take them to court and they settle you'll get your £80 back? Or is it just a case of its too much of an outlay at the moment.

Good luck anyway.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi,

 

I know that if I win I'll get the £80 back but as I'm on a DMP all the funds would be refunded back to the visa account. Also my current emplyment is a bit tricky at the moment, the co may close and I want to reduce as much of my debt as soon as possible in case I am unemployed for a while!!

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Sorry, I didn't complete my post....

 

If they don't credit my account within the 14 days, then I definately will do a claim against them, the letter I wrote was 'without prejudice' so I think I'm covered if they try to settle after the 14 days????

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Yeah your right "without prejudice" means that neither party can produce it in court.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi can anyone advise me?

 

I refused an offer on 16/4/07 and gave them another 14 days - to credit my account with 2/3rds or I would take them to court. To my calculations this date would be 30th April 2007 for me to commence proceedings.

 

I just popped home at lunchtime and there was a letter from HBOS, inside is a card from Sainsburys Bank saying that 'their representative' will call at my house on 07/05/07, asking me to call them if it is not convenient.

 

I'm on a DMP which has been in force for a year with no hiccups but before that they were constantly harrassing me on the phone at work, at home & my mobile. I wrote to them and told them to remove all my nos from their system and only to correspond in writing or I would report their behaviour to the OFT. They also called my mobile on 19/04/07 at 08:10 in the morning.

 

How should I respond to this card and keep to my timetable???

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Report them to the OFT. As you first complained to Sainsbury's on 28/02 they have now passed the 8 week deadline that FOS allows them. So I would now raise a claim with the FOS - but leave it until 30th April as this is the timescale you gave Sainsbury's. Their site is located here Financial Ombudsman Service and while their service is free to you they charge the bank £400 for each complaint they investigate.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi rory32

 

So I make a complaint on 30/4/07 to FOS & commence proceedings on 30/04/07.

 

Shoud I write to Sainsburys advising that I won't be in and also that the deadline is 30/04/07?

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Sorry but I think that not only are they delaying tactics but they have details on their system when the account was opened and 7 May is a Bank Holiday and also my daughters 13th birthday.

 

I think they are trying to scare me off!!!

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I would complain to the OFT ASAP on the grounds that they are using intimidating behaviour and I would raise a complaint with regards to the actual charges via the FOS on 30/04/07.

I would also point out to the OFT the coincidence in the dates. Or rather the unlikely coincidence of them.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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I thought you didn't want to spend the £80 on court fees? The FOS is a free service that doesn't involve you going to court. As far as I'm aware they have had a 100% success rate in reclaiming bank charges - it also has the added pleasure of them charging the bank £400 for investigating a complaint against them.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Yes - I do not want to have to pay the £80, I should have looked at the link before posting! This would be ideal - I didn't know they could get involved. Thanks again:)

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  • 4 weeks later...

Hi there - have had 2/3rds of the fees refunded to my account as of today!

 

I really didn;t want to take them to Court because of the outlay and also it was my fault about the debt in the first place.

 

I am satisfied with my refund and I just want to say thanks to all you guys because I wouldn't have known anything about unlawful charges if it weren't for you all!

 

On another note I have made a formal complaint about Sainsburys Visa which the local trading standards are looking into!!!

 

Good Luck & Best wishes to all members & future claimants!!

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lost 24, CONGRATULATIONS. As long as you are happy then that is all that matters. Enjoy your win.

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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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