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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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Desperately seeking....Can you claim overdraft fees?


MJay69
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My son is a skilled tradesman who is paid weekly. He was with TSB which eventually became Lloyds TSB. This bank has done some outrageous things over the years (e.g. charging the same amount as the 'bounced' SO or DD... £64 on one occasion; defaulting a payment hours before his pay went in etc). The charges were such that for a period he could not break the cycle and the banks actions were making this impossible. As soon as I heard about claiming back charges, he moved his current account and I set about the business. The Court hearing is now set for mid June.

I have been contacted by the banks solicitors asking for a "breakdown" (already sent), noting ‘discrepancies’ (true, I had omitted an amount of £55 and managed to (gulp) get the total wrong somehow... about £500 more than originally stated). I had just got the bundle ready for the post (copied to the court) when I heard about the judges decision last Tuesday.

I have been trying to get my son's overdraft "fees" back - as well as the penalties for unpaid direct debits & standing orders. These "fees" varied frequently and jumped up and down between £6 / £12 / £15 & £27.50 sometimes changing several times in a matter of months. Can I claim these so called "fees" or are they not covered?

I have also tried to claim back to 1996 under s.32 (1) (b) of The Limitation Act 1980 – on the grounds that basically if they are acting illegally in last six years therefore they were acting illegally from the start.....

If the whole claim and interest was repaid, it would be about £3500, a 'life-changing' amount to my son at the moment..... Worse still, I cannot be at the Court hearing and I know he would not fare well in the witness box.....

I feel 'frozen' with fear that I might blow it for him and just don't know whether to

(a) send the amended (higher) schedule of costs to their solicitor and copy to the court (b) ignore the solicitors letter completely but send the amended schedule of costs to the court

© take out all the 'overdraft fees' and / or only claim for last six years

(d) climb under my duvet, sleep until July and pretend I've never heard of getting bank charges back.....

Any help or advice at all would be appreciated…….. Soon please……… That duvet is looking better by the minute…

In despair……… Mary

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