Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
      • 161 replies
    • 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
        • Like

First victory to Lloyds


BankFodder
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6039 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Interesting to see so many "guests" on this thread....... hello Sc&M.... will you all be back in the office spying on threads, instead of attending court when it actually comes to the time of attending a case and providing disclosure ?

Enjoy your 5 minutes of glory, then get back to your day jobs of trying to defend the indefensible.

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 !

Link to post
Share on other sites

  • Replies 457
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Germany

I like your idea regards the enhanced SAR request....

 

Unfortunately an SAR only covers Personal data, the information your are requesting in your revised version would be considered as commercially sensitive data, and they would be within their rights to refuse to provide it under an SAR.

The only way to acquire this info, would be if it was ordered by a court.

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 !

Link to post
Share on other sites

Davethorp

I agree.

The Bank are on a sticky wicket either way.

This is probably the EXACT same reason they have not taken the judgements in default that have gone AGAINST them onto appeal.

 

They have accidentally shot themselves in the foot by letting this one slip through, and any jubilation will be short lived once the realisation of what could happen next dawns upon them.

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 !

Link to post
Share on other sites

Just wanted to comment, that the people who seem to running around flappin like headless chickens the most, are those with the lowest post counts.

Many of those panicking have also just jumped right in at the deep end, skipped all the rudimentary reading, and just started proceedings without actually understanding what they are really doing ??

 

Only NOW have they just started asking really very basic questions !

 

 

You are taking somebody to court !!!!!!!! :eek:

 

 

If you were not willing to actually go into a court, then why did you start the process in the first place ?

 

You have far far less chance of winning the lottery, than of ending up in court over this. Yet despite the amazingly slim chances of winning the lottery, you do really believe that "it could be you", and do have a decent chance of winning, so keep playing.

 

Well the chances of ending up in a court due to taking these actions is much greater and much more real by comparison. So actually in this case much more so "it could be you", as was amply demonstrated yesterday.

 

 

Also, if you quote laws and cases, make sure you do actually read them first!

 

Your probably the same people, who without ever having used one before, go out and buy a new computer, then plug it in without even a cursory glance of the instructions.

You then take it back to the shop wondering why it wont work ........

 

...... aaaahhhhh haaahhh......actually that would also explain the low post count !! :rolleyes:

  • Haha 1

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 !

Link to post
Share on other sites

Ahh so basically what you're saying is that those of us who don't post very often and who have really nothing to add to what all you 'bigger posters' have to say shouldn't be posting?

 

Well I think you have made your point very clear....if we don't post all the time we're not welcome! What a crock!!

 

I've been a member here since 2006 and have been plodding along at my own speed thanks very much.

 

The post wasn't succinct it was rude and made me for one feel very unwelcome here, just because I've only made 18 posts to date....19 with this one! :mad: :mad:

 

Annie

 

Annie,

My observation regards post count was a generalisation, and should maybe have been coupled with an observation on the period of time the poster has been a member, and the tone of questions they ask.

 

There just seems to be a lot of posts from peeps all of a sudden who have only just popped up, and appear to have just signed up, downloaded the templates, stuck stuff in the post and then sat back.

 

I apologise if I caused you offence personally.

 

My frustration is with the fly by night members, who have viewed this as some get rich quick scheme and not understood the implications of their actions.

I am sure they frustrate you equally.:mad:

 

They skip all the "boring" stuff and go straight for the jugular, then get into a panic when they realise what could actually really happen.

They then start frantically posting, expecting others to then sort out their mess.

 

If the Banks are going to go on from this point and "cherry pick" some cases to make examples of for a bit of cheap publicity, these are exactly the victims they will choose.

 

They were asking for trouble, and probably deserve it, it's just that it messes the whole state of affairs up for those who DO take matters seriously, and tars us all with the same brush.

 

Once again, I re-iterate, no offence was meant at those who are indeed taking this matter seriously (which it sounds like you personally are):)

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 !

Link to post
Share on other sites

Granby

Yes my post may have sounded a bit harsh, and I have since apologised to anyone taking this matter seriously who may have taken offence.

 

But there is need for a bit of a wake up call to those who seem to think that this is a walk in the woods.

 

This is a serious business, and although everything is here online in templated form, it is still necessary to make some effort to understand what is that involved. It is obvious from some of the posts that some people have advanced way down the line without ever doing this.

 

I am just as willing as many others on this site to try to help them (and have very often done so), and the urgency that these crys for help are are so frequently made in means it must be done so quickly and without chastisement.

 

My post was meant more as a cautionary warning to those about to set off. To not get yourself in the same mess. To take some time and effort to do things. Read and understand, post and question, get advice earlier rather than later. Look at all the stages before starting even the first, because it is those rudimentary basics that will prepare you for the more difficult later stages.

  • Haha 1

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 !

Link to post
Share on other sites

I'm sorry i have to agree with Granby, i think there are alot of new people who come on this site, ask a question and then get there head bitten off or a sarcy comment left because the question is answered in the FAQ's....

EVERYONE on this site will have a different level of understanding and if someone feels unsure about something then they should feel free to ask until they are 100% sure, the not asking is what also puts peoples claims at risk,

so please give the new people a chance, cuz i'm very sure we were all uncertain and a little worried when we started are claims

 

I do agree with you.

And I have never directly had a dig at any individual, or made any sarky comments at any individual.

Instead, in exactly the same spirit is was offered to me as a new member, I have freely and politely given any help I possibly can to anyone asking. As we all try to do.

 

Posting and posing questions and opinions (no matter how wrong or dumb) is not the cause of any issues I have raised. It is what this self help site is all about, and long may it remain to be so.

 

I also agree that everyone has a different level of understanding, and I also agree that everyone should be free to ask questions until they are 100% sure. It is just that some just don't even try to wait until they are sure, they jump the gun, and only start asking the most rudimentary questions once matters have got really far advanced.

It is this that puts their own cases in peril. Nobody else.

 

It is the dangers of impatience and complacency, that I have been trying to highlight to new claimants with my comments.

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 !

Link to post
Share on other sites

I do not know what the casue of the original dispute between you pair was, nor do I really care to get involved.

 

This may all just simply be down to the fact that the tone or manner that the written word is meant in can often be misinterpreted. In actual conversations you have the benefit of hearing the tone of someone's voice and seeing facial expressions.

 

Anyhow, regardless of whether any offence or affront was meant or taken or not, let this just be the end of the matter.

 

Let's just get this thread back onto topic.

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 !

Link to post
Share on other sites

Might it be that business is "favoured" at the expense of the individual?

 

Shoestring

 

Business accounts are not favoured at the expense of the individual.

In fact rather the opposite.

Firstly, Business accounts normally carry monthly service charges which are payable regardless of the balance of account, negative or positive.

Secondly Business' are also charged for each and every transaction on top, all chq's, DD's, SO's etc.

Business' also pay much higher rates on overdrafts at both authorised and unauthorised levels.

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 !

Link to post
Share on other sites

Photoman, you will prob be able to answer my queries above, didnt want to pm you, Can in your knowledge a business claim back the service charge, I was a little confused as to why the charge for going over overdraft was only 10.00 on the business account but 30 on the personal, seems others are realising this also.

 

Skeggs

 

No, sorry you can't claim back the service charges.

 

They are monthly account maintenance fees for......well for maintenance, whatever that is ?

Actually for very little really, as we also normally have to pay for each chq, each SO, each DD, and then also additional charges for reviewing and granting an overdraft, additional fees for meetings with managers etc etc etc

 

(so it probably really is for the bubbly at the shareholders meeting ) !!:p

 

Actually, this could maybe be used as a powerful argument if they try to use their usual "service charge" arguments against your claim for default or Overdraft excess charges ?

If they counter your claim by saying the charge is for the service of reviewing your account and decisions about whether to allow a payment to go through in these circumstances then...

........ " errr... so why am I paying a monthly service charge and appear to be getting nothing in return, surely this monthly charge is to cover such monitoring " ?

 

Regards

 

Photoman

 

BTW: I hope your aware of which legislation and statute is and isn't applicable to Business claims (ie: You can still use pretty much most statute and legislation apart from UTCCR99, check in on the Business claims thread for verification if unsure before posting)

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 !

Link to post
Share on other sites

Skeggs, no I came accross this on another site, wondered if it was useful because all T&C's now are being re drawn to show a service charge.

 

Halifax is now quoting:

Paid Item

 

A transaction processing fee for each card payment, cheque, S/O or D/D that we pay

 

Unpaid Item

 

An administration fee charged when we return unpaid cheque, card payment, d/d , s/o or any transaction we decide not to pay if insufficient funds ....

 

Unarranged O/D administration fee

 

An overdraft administration fee is applied when your account goes overdrawn without a pre-arranged facility or when it exceeds a pre arranged facility

 

 

Is this a good get out for them???

 

 

 

ohhhhhhh.......... and would that be the "administration" of copious amounts of Champers at the Shareholders meeting ??

 

Seriously though.... if it was difficult to infer concealment was apparent or likely before......... it certainly isn't difficult to claim it's going on now !!

 

......... was that their rights to a 6 year bar under the Statute of Limitations Act I just saw flying out of the window ??

 

Photoman

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 !

Link to post
Share on other sites

Quote;

 

Mr Rudd, who did not attend the hearing either, said afterwards that he thought his paperwork might have been inadequate.

 

I don't know in what format this particular claim was submitted in (N1 or MCOL), however;

I think this just goes further to affirm my own view that if possible submit your form at the court as an N1.

Unless you live in a stone cottage in the outer Hebrides I personally would just avoid MCOL !!!

 

And also put everything you can possibly find into your court bundle (obviously making sure it is relevent and that you really HAVE actually read and understood it all )

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 !

Link to post
Share on other sites

iv had letter off lloyds sayin they dont pay out for my bank charges, ie goin over overdraft limit, unpaid d/d, bounced cheques, help! what shud i do now?

 

Pete

Standard stuff and standard response.

 

Carry on with your actions as per the step by step instructions.

 

Also, you should start your own thread so that you can keep track of your claim.

 

First of all read the Frequently asked questions here

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

DO READ THE STEP BY STEP INSTRUCTIONS !!!!!!

As you go on, you’ll also find this very helpful:

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

You’ll then need to start your own thread;

Go to here:

http://www.consumeractiongroup.c o.uk/forum/

 

Find the name of the Bank your action will be against.

Click on it (the name of the Bank in Bold Blue)

On that page, you will then find a label saying "Forum Tools" (just under the list of page numbers).

Click on it. It will show you some options.

Firstly, it's a good idea to subscribe to the Forum ,as you'll then recieve updates from people in similar situatioins against the same Bank. So click on Subscribe. It will ask how often you want updates (Personally I like Daily).

Once Subscibed to the Forum it will redirect you back.

Hit the same button and choose "Start new thread"

Give your Thread a title eg: yourforumname v whatever bank

(choose how often you want updating by email if anyone posts responses in your thread)

 

Then your up and running !:-)

 

Whilst your there, you might want to take some time to have a look at some of the threads by people taking action against your same Bank, very helpful. Remember, any threads you want to follow, you can either choose the thread tools button, and choose subscribe to thread, or simply whenever you make a post in a thread it will automatically subscribe you to that thread.

On the main page I've posted above, you'll also find lots of highlighted "stickies", which have lots of very informative stuff in them too.

Once your ready to start , you’ll need to do a schedule of charges to submit to the bank, try this one:

http://www.zen122856.zen.co.uk/CompoundSheet_v1.9.xls

 

Best regards and good luck

 

photoman

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 !

Link to post
Share on other sites

Hi there. I am a WORRIED NEW MEMBER !:confused:

 

 

Hi

 

Have a read of my post number 443 above.

 

All the frequently asked questions and info you need.

 

Also advice on how to start your own thread.

 

Regards

 

PM

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 !

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...