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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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Hi everyone just wanted to say hello and hopefully you can offer me some advise on claiming back bank charges.

I have written one letter to which i had reply in post this morning, and basically got told by Alliance & Leicester that the OFT were actually refering to late payment fees for credit card payments,ahich are quite distinct from a bank's fees on current accounts.

I have a current account with them (no agreed overdraft ) and my only income is from benefits, and i regulary get hit with account charges for refused direct debit payments £34 , failed cheque charge £34and unauthorised overdraft charges £25.

Where do i stand am i entitled to claim these charges back (even if my fault for not enough funds in account at time) and where do i go from here? :confused:

Look forward to your replies, many thanks for reading this

Joanne (feeling :mad: )

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Ignore what A&L say in their letter. Send the LBA 14 days after your preliminary letter, See here:

3. Letter before action - Consumer version - asking for it back

 

Make sure you have read these 2 threads:

 

STEP-BY-STEP INSTRUCTIONS

Example Step-By-Step Instructions

Guide to Reclaiming Bank Charges

Guide To Reclaiming Bank Charges **##~~~~**##~~~~ Read This First !!

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Thankyou for your help i have now been through all statements and have written them up on pc so i have copies. Also i have done the following letter. Just like your feedback before i go post it. Is this ok?

I am very disappointed that you have failed to respond to my letter of the 16th April 2007.

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £1,438.00 since 21st July 2006 which has caused me to go continually further overdrawn on these occasions, leading to you adding further excessive charges. I cannot see how it costs you £34 for a failed direct debit and failed cheque or £25 in unauthorised overdraft charges.

I am enclosing a list of all charges and dates I wish to claim money back for.

 

 

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest without further notice.

Will this how i worded it be acceptable?

look forward to your reply

many thanks

Joanne

 

 

 

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