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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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Another Claimant Here - SP vs Lloyds TSB ** WON **


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Good Afternoon,

 

After numerous headaches and constant arguements with my fiancee about having no spare cash, I have decided enough is enough and am standing my ground against Lloyds TSB...

 

I contacted the FOS on April the 4th to complain about a recent charge and was informed that I could claim for upto 6 years worth of charges if I felt it was appropriate... Unfortunately after paying £300 for vehicle repairs and then noticing (3 weeks before payday) that I would be struggling "AGAIN" because of charges I felt enough was enough and asked the young lady on the phone to make a formal complaint about my account and to try to reclaim "some" of my charges back over the past 6 years.

 

I fully admit responsibilty for my account BUT when institutions such as your bank take £60 / £80 or even £100+ you find it difficult not to get charges, especially if you need petrol to get to work or food in the cupboard.... Who could afford to give that amount of money away per month and not notice it??? (Alright I know one or two could, but I aint one of them...)

 

Anyway I received a response from Lloyds on Monday advising me that....

 

They are sorry that I felt the need to complain.... even though I complained in January and ended up walking out of the branch with an extra £3000 loan to clear my O/Draft & Credit Card (They wavered that months charges "IF" I took out the loan) and they expect their enquiries to be completed within the next four weeks :-|

 

Im extremely concerned as I get paid next Friday and dont want them playing silly games, especially as I am due to go away in May :-| and will need access to monies (I have budgeted for next months charges already :oops: )

 

As I have complained directly to The Financial Ombudsman will this help or hinder my case against them?? and would I be wiser to transfer my wages into my partners account?? Even though my mortgage etc, is due to come out of my account?!?!?

 

My head hurts :Cry:

 

Cheers

 

SP

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Hi SP,

 

If you can and feel confident then i would advise you to move all of your money to an account that isn't getting charges. Swap all of your direct debits to the different account so that there is nothing due to come out of yours apart from their charges. ;) We got to the point with our three accounts where we'd had enough and decided to stop any situatiuons that was going to allow them to use any more of our money for their charges. If they wanted to take charges they would have to borrow the money from themselves and pay themselves back once they settled the claims.

 

We actually found that moving everything from wages to direct debits into a completely new account and keeping to a budget has prevented us from getting charged and really helped. Not only did we move all of the direct debits to a different account but we changed the date of all of them to the 1st of each month (just a few days after we each get paid) so that we knew the money would definitely be there.

 

The reason I said 'if you're confident' is that Lloyds are likely to hand your account over to their Collecions Dept. if you are in arrears and begin to reclaim your charges. Moving all of your finances to a different account will make you in arrears as they will take the next batch of charges but obviously none of your money will be there. the good thing is that they don't charge you for going overdrawn as a result of their charges so you won't be constantly adding more on - but you will get charegd interest for being overdrawn.

 

I have had no experience with the FO myself but I gather that people who go through them do get their money back - although I don't think the statutory interest is added on.

 

Good luck. Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

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Lucid...

 

Cheers for your reply... Luckily enough the only amount of money I owe to Lloyds at the mo is the £24 I'm currently overdrawn (Dont have any overdrafts with them anymore)

 

Im also in the process of moving my account as me and my fiancee are looking at a joint bank account :)

 

Not with LloydsTSB though ;)

 

After looking through alot of posts it looks like Im in or a rocky ride ahead but the Ombudsman have said that if I dont agree with the outcome then get back in touch so....

 

Fingers x'd

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Recieved me bank statement for this month and guess what.... another £90 charge :evil:

 

Just rang them on 0800 3898766 to see if they could do anything about minimising the charges or splitting over 2 months to ensure I dont go overdrawn again but they dont wanna know... my responsibilty and my problem was the reply :(

 

Spose I could always reclaim them after??

 

I swear once Im out of this spiralling blackhole of charges, Im gonna just shove me spare cash under me matress for a rainy day ;)

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I contacted the Financial Ombudsman Service on the 4th April and they have contacted the bank for me to inform them that I am pursueing the last 6 years charges...

 

I got a response back from Lloyds TSB (via Andover) post-dated the 15th April to inform me that they were looking into my account and they should be in touch within 4 weeks with an update on their investigation.

 

As I said earlier on in my post... I know it is my responsibility to monitor my account and to make sure I dont go O/Drawn (What I was told this morning) but when you are down £60+ each month because of charges its a bit of a mare...

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No matter how well we feel we manage our finances, something is bound to come along that tips the old account into the red.

 

In theory Looyds have up to 40 days to come back to you following a DPA request but as they have said it will take them 4 weeks(28 days) stick with this timeframe.

 

Also, as the FOS has been involved in this case I very much doubt if Lloyds will muck you around but if they are arrogant enough so to do then get straight back on the FOS.

PPMAN159

 

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Well the bank have made my mind up for me.... TBH I wasnt gonna persue but due to their stubbornness I decided enough was enough!

 

Constantly been told... "Its you own fault" gets a bit teadious but I'm sure that if the person telling me this had £60 - £100 p/month taken from their bank account they'd notice it :evil:

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Imagine if the insurance comopanie stook the same 'Its your own fault that the ten ton weight fell on you' attitude to things.

 

The issue here is not the fact that you went OD-it is the level of the charge levied by the bank to deal with it that is at stake.

 

You will need to give Lloyds time to reply to the request but if they dont then its Money Claim On Line.

 

Good luck and keep us posted on the progress.

PPMAN159

 

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I will do PPman... thanks for the imput.

 

I did print off the pack to do it myself in November but due to various things never followed it up... saw the FOS webpage and noticed that they would persue it for me, they even sent the forms to send back if I dispute what I get offered so hopefully going directly to them has helped my case as I'm sure its being monitored.

 

Its amazing how the banks make us feel guilty about going O/Drawn isnt it... she even read out details of "What" had taken my account into the red and I found myself explaining to her why I'd made those transactions :( and what I'd purchased (Petrol & Cat Food :o )

 

The annoying thing is both me and my partner are salaried.. not a bad wage (not wonderful either) but I find myself constantly in a position where the banks leave me counting pennies instead of pounds, fingers x'd "If" I get some of my monies back, I can actually put some in a savings account instead of chasing my tail each month.

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It never fails to amaze me that if you do not have enough money in the account to buy the cat food then they will bounce the cheque/card payment.

 

But they can still take their 30 pieces of silver which in the majority of cases just pushes the account deeper into the debt spiral.

 

The term Thieving B******s comes to mind.

 

I am also hoping that when I get my money back from Nat West and Nationwide I will be able to put some away for a rainy day.

 

Keep going

PPMAN159

 

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Ive once or twice (naughtly) transferred my money over to the other half's account If Ive known a charge is due to come out... (Only cause I know that it would leave me well and truely stumped!!) but they still take it out even though theres prob only a £1 the account...

 

I fully understand that I signed an argreement when I opened my account and also that if the account isnt run properly then a penalty should be issued but £100's of pounds for summat that costs £4 to process is crazy IMHO! I've even rang the bank to say that after paying the charges I'd just be O/Drawn again but they just dont wanna know :evil:

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  • 1 month later...

Sorry for not keeping this thread updated....

 

I received the usual letter (off Lloyds) telling me that the bank feel that their charges are fair etc and they would not be refunding my charges :mad:

 

I had a form with my aknowledgement from The Financial Ombudsman Service to fill in and return if I was not happy with the Banks Response which I have filled in and sent, I received an letter from them last Thursday to tell me that they will investigate further and will be in touch with their findings :-|

 

Will let you know their response once received.

 

SP :cool:

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Just out of curiousity....

 

Has anybody actually claimed via FOS on here and if so how did it go?

 

Take it now I've made an official approach its pointless starting my own pack? Its been nearly 2months and all I've had is a "No way hosay" letter off Lloyds TSB :(

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just got the same letter from Lloyds re: that they feel the charges are fair etc etc.

 

important thing is just to keep at it dont let there tactics put you off, you are enititled to that money, as the almost £2m that they have paid to other customers shows.

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Im in a position now though where it is virtually totally out of my hands as I contacted the Financial Ombudsman Service direct to deal with my claim and they have done the complaining for me ;)

 

Also hoping that because I've gone to the FOS they wont faff me around (sorry a bit of Stokie slang there).... I've got no charges this month and there wont be any next month either so :D Plus with a baby on the way £3k+ will help sort the Nursery out (so she says.... I want a new car ;) )

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aaaaaaaaaaarrrrrrrrrrgggggggggggggghhhhhhhhhhhhhhh!!!!

 

Heres me thinking I wasnt due any other charges for this month and guess what.... the nice people over at LloydsTSB have decided to take another £90 :mad: NOT A HAPPY BUNNY!!!!

 

Just wondering wether its worth running a 2nd claim (for the charges from April 2007) up until now, its at least another £200 or wether its worth waiting until the first one is sorted / settled??

 

Any advice?

 

Im now left with a pittance to last me for 3 weeks "AGAIN!!!" Thankyou Lloyds!!! :mad:

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Hi, I would wait until your current action is concluded

Barclays - 2 Accounts - WON

Capital 1 - WON with CI

LTSB - WON

LTSB pre 6 years - N1 for non compliance filed

Barclays pre 6 years - Prelim sent

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How far have the FOS got with your original claim?

 

Only reason for asking is that I wonder if they are able to add these new charges onto the existing claim.

 

Might be worth giving them a call just to see.

PPMAN159

 

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No problemo....

 

Im going to go for the 2nd account too once this claim is sorted and mention that I've reclaimed once so hopefully they will not drag their feet as much!!!

 

I dont like banks very much AT ALL!!! :(;)

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I think that everyone on CAG who has claimed back charges will take the same view of the banks but until someone can come up with a viable alternative, we are stuck with them.

PPMAN159

 

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How far have the FOS got with your original claim?

 

Only reason for asking is that I wonder if they are able to add these new charges onto the existing claim.

 

Might be worth giving them a call just to see.

 

The last bit of corrispondence I got from the FOS (24th May) was to inform me that they will be dealing with my complaint and will be contacting the bank to resolve my issues.

 

Just waiting patiently for the postman now, Im a bit unsure about adding it to my existing claim as it may just delay it but Im sure that if I contact the bank after my claim (if successful) they should just give me my money back, without dragging their feet ;)

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As I said I might be worthwhile giving the FOS a call to let them know that you have incured further charges and whether or not they can be included in your current claim.

 

If they say no then wait for it to be settled and then issue a further claim

PPMAN159

 

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