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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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Banking Ombudsman says NO to closing accounts


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Abbey have threatened to close my account if I take them to court, so I did a little research and came up with this (which I have copied from my letter to them)

With regard to your threat to close my account as a punitive retaliatory measure, I would advise you that the Banking Ombudsman adjudicated in February of this year as follows:

The Financial Services Authority includes in its Principles for Businesses: “A firm must pay due regard to the interests of its customers and treat them fairly”. Mr A, like any other customer, is entitled to bring a complaint if he feels he is being treated unfairly. He should not be prevented from bringing a legitimate complaint by the threat of having his account closed; nor do I consider it fair or reasonable of the bank to respond to his complaint about charges by closing the account. The bank appears to me to have used the closure of the account as a retaliatory or punitive measure.

In addition to the above comments, the ombudsman made a financial award to ‘Mr A’. I think the fact that this adjudication has already been made, and that I am reminding you of it before action and before the threatened account closure would give sufficient grounds to ask the Financial ombudsman to not only adjudicate on your actions, but to also impose a much higher level of compensation.

 

I would urge you to look again at my request to refund these unlawful charges. In view of your mis-understanding of our initial complaint, we shall suspend action for a further 14 days.

 

The actual award was £200. I'm not a lawyer but hope it will be enough to at least protect my account - I like Abbey when they're not acting unlawfully!

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What stage of your claim are you at? and for what ammount? When you say thery have threatened to close your account - what wording have they actually used?

 

And by the way it is unlawful not illegal - there is a difference

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What stage of your claim are you at? and for what ammount? When you say thery have threatened to close your account - what wording have they actually used?

 

And by the way it is unlawful not illegal - there is a difference

 

Quite right about unlawful/illegal, should have picked that up myself.

 

I have written to Abbey requesting that one bounced DD fee be refunded and one monthly 'Unauthorised Overdraft' fee not be charged.

 

They have responded with

If the claim escalates into a claim in the County Court, we will review each case individually, and if we feel that our relationship with our customer has broken down completely, we may decide to give notice to close the account under the Terms and Conditions.
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