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    • I was caught speeding 3 times in the same week, on the same road. All times were 8-12mph higher than the limit. I was offered the course for the first offense and I now need to accept the other 2 offenses. I just want to be ready for what might come. Will I get the £100 fine and 3 points for each of them or do I face something more severe?  These are my only offenses in 8 years of driving.
    • I'll get my letter drafted this evening. Its an item I sold, which I'm also concerned about, as whilst I don't have my original purchase receipt (the best I have is my credit card statement showing a purchase from Car Audio Centre), I do unfortunately have the eBay listing where I sold it for much less. But as I said before this is now a question of compensation: true compensation would seek to put me back into the position I was in before the loss ie: that title would remain with me until my buyer has accepted this, and so compensation should be that which would be needed to replace the lost item. But in the world of instant electronic payment, it could be argued that as I had already been paid, the title to the goods had already transferred, and I was required to refund the buyer after the loss. And so, despite my declared value being the retail price - that which is needed to return me to my pre-sales position, the compensatory value should be the value I sold it for, which being a second-hand item from a private seller is lower. I still believe that I should be claiming for the item's full value, rather than how much I sold it for, as this is the same for insurance: we don't insure the value we paid, but rather the value of the item to put us back into the position we would be in if we ever needed to claim. Its for the loss adjuster to argue the toss
    • amusing that 'bad economic judgement on behalf of prior party ISN'T a major reason to wingers to move to deform yet immigration is, where record levels of such has been driven by the right wings terrible brexit and the later incompetent dog whistle 'proposals largely driven to whistle to the right wingnuts Just seems to confirm the are clueless numpties 'wetting their own shoes   Has farage bought a property in Clacton yet?   yet concern for the NHS is listed as a major issue even by those saying they are moving to deform  
    • Also, have you told us how much you paid for this vehicle? Are there any other expenses you have incurred – insurance, inspections et cetera? How far away from the dealership do you live?
    • In fact I see that in the document you posted above – your letter to big motoring world you refer to the diagnostics report and you say that you sent a copy to big motoring world but you haven't let us see it. Any reason for this?
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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
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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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unknown thousands in my bank!!!!


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Guest NATTIE

kaileo, i understand one user questioned this. I did not nor should anyone else. Advice i have given you just do on Monday because foreign team not open during the weekends. Post again on Monday on the progress you have made and i can advise further.

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in my simpleness:???: !! dont quite get what you're implying with that quote could you word it lamens terms for me, sorry!!!!!

 

 

In relation to this quote

Originally Posted by rogerebaker viewpost.gif

This Act is not relevant.

 

only relevant if the actual money transfered has been obtained by deception / theft etc etc.

I posted this

Surely this covers the fact the money has be placed into your account without using deception?

From the theft act

"Dishonestly retaining a wrongful credit.

Laymans terms, the act does apply as you have not used deception to obtain the money.

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I think it highly unlikely that this account is being used for money laundering because the launderer would not have access to the funds. However the fact remains that it is NOT your money and to spend it, knowing that, would potentially be theft. You could certainly be held liable for repaying it. You have done the right thing telling the bank. I agree that the best thing is to tell the bank in writing that you do not know where it came from, and transfer it to an interest bearing account for now. If it is still there in a year...

 

Don't spend it because there is a very good chance you will have to pay it back! Someone will be missing it

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Similar thing happened to my friend fifteen years ago, she didn't touch the money and it was never reclaimed. Sure she has spent it by now. I seriously don't think it would be construed as theft either, as even if the Theft Act does apply you have taken reasonable steps to sort the matter out. But I have tried on more than one occasion to find out where money paid into solicitors' client account came from and the bank cannot tell me, even if the transaction has a reference number on it, which I think is quite worrying especially with all the money laundering that goes on these days. My view is that if someone can afford to type in the wrong account details when transferring 20K they can afford to lose it. The problem is that the solution to your problems (well it would be a start in solving mine) will probably cause you more stress and worry than if it had never landed in your account in the first place!!! If they ask for it back deduct an amount for mental anguish damages first.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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It is an offence to dishonestly retain a wrongful transfer. It doesn't matter whether you dishonestly otained it or not. You know this money isn't yours, and the person who mistyped the Iban or Swiftbic number is a bank clerk and not the person whose money has gone missing. That person might have been left destitute by the sudden disappearance of that money. It might be their inheritance, or the money they need for their new house.

 

Fundamentally, the legalities of it don't really matter. It's not yours, and someone somewhere is missing it. Personally, I'd go down to my bank and not leave until it was sorted.

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Blazing Badger

 

Im sorry but you are wrong

 

There is no criminal offence committed by retaining the credit that has been put in the OP bank in the circumstances described.

 

If you look at the definition of wrongful in the Act it describes in detail what is included. It only includes money obtained by theft or deception.

 

This happened to my daugther about 6 months ago. about the same amount of money. I personally wouldnt worry too much. You can rest assurred they will come looking for the money as soon as someone realises it is gone. Lets be honest there is a very good audit trail. I wouldnt expect the bank to even do you the courtesy of ringing you before they deduct the money so dont lose any sleep.

7 actions in progress

 

amount refunded so far £6500

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Guest littlesally

If you find something in the street and keep it, you can be charged with "Theft by finding" so surely if you find money in your account, it's the same?

 

Anyway, all this speculation is pointless.

Hopefully Kaileo will have sorted it out at the bank today or been to a solicitor.

 

Sally x

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The difference is that a transfer of money isnt property as described by the theft Act, Its merely an electronic transfer and a computer screen with figures on it.

 

Thats exactly why they added S 24A

 

But in adding the above section they made it clear that for the credit to be wrongful it had to be obtained dishonestly by theft or deception.

 

This all started when someone was aquitted at court having received in his bank account a large amount of money from his co defendant, who had obtained the money via a mortgage fraud. The court decided that to be guity of theft or deception or handling stolen goods there had to be property as described in the Theft Act. An electronic transfer is not property it is just that an electronic transfer. If it was a large wad of cash that had exchanged hands then it would be very simple but it isnt.

 

As a result the new offence of retaining a wrongfull credit was created. The vital part however is that the credit MUST be wrongfull ie it must have been obtained by theft or deception.

 

I appreciate that in the end of the day it is not really that relevant but it is handy to be in a position of strength when you walk into the bank and they wrongly try and inform you that you may be arrested for the above offence.

7 actions in progress

 

amount refunded so far £6500

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Guest NATTIE

give me strength, can i sue for the distress i have at many of the suggestions on here? Not sure i can:D

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im sorry to be a damp squib here but i agree with blazin badger, i wouldnt touch the money with a barge pole, i know someone who a few yrs ago checked his bank one day to find a five figure sum there, he rang the bank to find out what had gone in and they said it was wages from working offshore which was funny as he was an aerial erector not an oil rig erector, and had never been abroad except for the odd package holiday, so he argued this was in no way his money but they said it was legitamately deposited to his account name number etc, so he went into the local branch who told him the same dispite his arguments, and protestations, so he thought sod it and withdrew the lot, his wife came home to find him sitting on the bed with all these readies and thought :o OMG what have u done? so he told her the story and off they went on holidays and spending sprees etc as if they had won the pools and a few weeks later got the dreaded knock at the door, to cut a long story short he was charged with theft and sentenced to 6 months in prison.. so i would leave it where it is and not be tempted, the upshot of the story was it rightlyfully belonged to someone who had been working overseas with the same name and god only knows how it ended up in the wrong account.

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Don't mean to but in but!

If your were to spend it, how would you explain this income to inland revenue if they were to ask. they can investigate anyones bank account without them even knowing about it. whos to say it wasn't laundered.

would you buy a new car,big holiday,gadgets, gizmos,pay off mortgage. would you tell your friends? do you think anyone would be jelous, could someone overhear you telling of your good fortune. There is always someone ready to drop a dime on anyone with a bit of luck if it means them loosing it and filing back in line with them.

things like this will always come round and bite you on the ass.

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im sorry to be a damp squib here but i agree with blazin badger, i wouldnt touch the money with a barge pole, i know someone who a few yrs ago checked his bank one day to find a five figure sum there, he rang the bank to find out what had gone in and they said it was wages from working offshore which was funny as he was an aerial erector not an oil rig erector, and had never been abroad except for the odd package holiday, so he argued this was in no way his money but they said it was legitamately deposited to his account name number etc, so he went into the local branch who told him the same dispite his arguments, and protestations, so he thought sod it and withdrew the lot, his wife came home to find him sitting on the bed with all these readies and thought :o OMG what have u done? so he told her the story and off they went on holidays and spending sprees etc as if they had won the pools and a few weeks later got the dreaded knock at the door, to cut a long story short he was charged with theft and sentenced to 6 months in prison.. so i would leave it where it is and not be tempted, the upshot of the story was it rightlyfully belonged to someone who had been working overseas with the same name and god only knows how it ended up in the wrong account.

 

Sounds like a great film script !!!

 

Guy Ritchie hasn't made a film for a while !!

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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:p kailleo bahamas is nice at this time of year, or anytime come to that. one things for certain it shouldnt of happened and the bank should do more to trace where it came from, how the hell is a customer supposed to trace money from a foreign account that he/she knows nowt about??
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hello again couldn't get to bank as i wanted to because of work commintments( hm forces) but have now received a letter from the bank saying that the originating bank has now realised their error and have asked me if i am willing to return the money or not!!!! why are they even asking?????

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Guest littlesally

Ummmmmm

"Willing????"

 

And if you say no?

 

lol

Willing or not, looks like it's going.

Oh well, rich for a week.

Bad luck,

 

Sally x

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yeah all sorted now sent off the signed authorization this morning still dont understand why they asked if i was willing or not though!! thought i'd be a bit cheeky and ask for a small level of compensation for the stress and inconvenience it has caused, what d'ya think??

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Guest NATTIE

i think it WOULD be a good idea as you have clearly worried about this and had made the bank aware of it earlier.

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i think it WOULD be a good idea as you have clearly worried about this and had made the bank aware of it earlier.

should i seek that from the natwest or the originating bank via natwest???

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