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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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sikejsudjek vs Alliance and Leicester


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Don't blame you. The rate they are going they will be losing customers at an alarming rate. Not noticed anyone going for mortgage redemption charges before (not that I have looked for it) so that will be interesting to read about. Good luck with that one.

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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Just seen a thread in the Legalities section called Early Mortgage Redemption Penalties (or something like - must work out how to do links). There is some information and advice there which would be useful to you, but it seems it is not tried and tested yet.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks for that. My fees are just redemption fees rather than early redemption penalties.

 

I have now got back the difference from the Woolwich mortgage redemption fee from when I took out the mortgage and the 40% hike they added in just 20 months. I am now going to the FOS to see if I can press them to reveal just how much it costs them in administration to redeem a mortgage. I have written to A&L about their fee and will also go to the FOS when they refuse a refund as is likely.

 

I note from a Sunday times article that one bank caved in for the full refund rather than give the FOS an explanation of how they arrived at their charges. It also claims the FSA stated that redemption fees should resemble the actual cost to the company of redeeming the loan.

 

My argument is that if they claim the fee is for administration to clear the mortgage, then the fees should have gone down not up as as deeds are now kept electronically by Land Registry reducing their 'work load'. If they claim the fee is for anything else it should be seen as a charge for credit and added into the APR calculation. I wonder if they do add it into the APR figures ? Somehow I doubt it.

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  • 2 weeks later...

A&L have now offered a refund of £70 on the redemption charge as long as they receive a signature that the offer will be accepted. Looks like they are worried.

 

Their charges have gone up from £150 to £295 between when the mortgage was taken out and redeemed. I have refused the offer and asked for a deadlock letter for the FOS.

 

On the bank charges front, only a few days until the DPA limit is up. No reply so far...

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On a different note, Barclays have phoned me now that I have contacted FOS about their redemption charges. They aren't going to refund more, but they are still unwilling to tell me how the redemption figure was arrived at. They are aware that the FSA have told them that it must relate to the cost of the administration of discharging the loan - but claim its not just for redemption but for administration of the loan throughout the loan term.

 

Problem with that argument is that as I only had the mortgage for 2 years that implies the cost should be less, meaning I'm due a refund. It can't be just for setting up the loan, they had a separate charge for that ! If they only had 2 years to administer it and not the 25, why no refund ?! I suspect the fee is actually a charge for credit - which I believe should by law be included in the APR calculation. It wasn't. Soooo - back to the FOS by the look of it.

 

As a former Trading Standards employee I'm more than interested to see exactly how redeeming a mortgage has gone up from £50 (or free) a few years ago to the £295 it can be now. I am happy to pay the true cost of redeeming my mortgage - but not any more !

 

Alliance and Leicester have at last responded to the DPA letter - a couple of days before the deadline. Looks like they owe about £700 in charges.

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You seem to have everything in hand. Keep up the good work.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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No reply from A&L yet over the redemption charges and my refusal of their offer. However Woolwich have refunded their redemption charge in full, much to my surprise ! (I did offer to pay £50 which I considered a reasonable amount for the work they do). I guess they didn't want to justify their charges to the ombudsman...

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  • 2 weeks later...

Joy at last. Alliance and Leicester have agreed to pay back the entire mortgage redemption charge of £295. That makes 100% success getting back two charges one from Woolwich and the other from A&L.

 

Doesn't look like banks want to go to the FOS to justify their admin charges...

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Congratulations. I hope you feel that the help from this site warrants a donation to keep it going.:D

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 4 months later...
Congratulations. I hope you feel that the help from this site warrants a donation to keep it going.:D

 

Will put it on my Christmas to do list !

 

Things are at last proceeding with the bank charges claim against A&L. Have had to wait, as mrs sikejsudjek has been reducing the overdraft to a level when I can cover paying it back if (when !) A&L demand repayment. Fortunately the charges they owe us will clear the remainder. Charges to be reclaimed are £618. And if A&L are reading this, no I'm not going to back down !

 

Preliminary letter sent on 26 Nov 06

Rejection from A&L received 7 Dec 06

LBA will be sent recorded delivery 8 Dec 06

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  • 4 weeks later...

sorry .. but i have just sent my first letter off to the A&L 2 days ago.. i have been reading others posts in here and noticed you have mentioned about a signature ???? can i sound silly and ask what you mean by this.

 

 

many thanks.

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sorry .. but i have just sent my first letter off to the A&L 2 days ago.. i have been reading others posts in here and noticed you have mentioned about a signature ???? can i sound silly and ask what you mean by this.

 

 

many thanks.

 

Not sure what you mean by a signature either ? Where did I say it ?

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  • 2 weeks later...

AMAZING!!!!!!!!

 

I filed my claim for £5500 from A&L just before the New Year along with a cliam for my girlfriend for £2087.

 

Received confirmation of the court proceedings from Northanpton Court on 4/1/07 with regards to my claim..........................girlfriend received nothing until today!!!!

 

CHEQUE IN FINAL SETTLEMENT FOR ENTIRE CLAIM OF £2087!!!!

 

Is that a record???? less than 2 weeks. Hope mine is as successful........will keep you posted!!!!

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Replied to A&L's solicitors - thanks for the cheque but how about the 8% statutory interest I am claiming which you haven't refunded ? Informed them and the court that the legal action will not be withdrawn until this is also paid. Will be interesting to see if they cough up ...

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AMAZING!!!!!!!!

 

CHEQUE IN FINAL SETTLEMENT FOR ENTIRE CLAIM OF £2087!!!!

 

Is that a record???? less than 2 weeks. Hope mine is as successful........will keep you posted!!!!

 

Filed my MCOL and got a cheque a week later :):D:)

 

http://www.consumeractiongroup.co.uk/forum/alliance-leicester/34170-grog-l.html

A&L S.A.R - (Subject Access Request) sent 6/10/06

Chq cashed 18/10

STATEMENTS arrived 27/11/06

Prelim letter sent 29/11/06 £461

 

Capital One X 2 S.A.R - (Subject Access Request) sent 12/10/06

Cheques cashed 28/11

Prelim sent 29/11 £276

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£616 :D

 

Cheers

A&L S.A.R - (Subject Access Request) sent 6/10/06

Chq cashed 18/10

STATEMENTS arrived 27/11/06

Prelim letter sent 29/11/06 £461

 

Capital One X 2 S.A.R - (Subject Access Request) sent 12/10/06

Cheques cashed 28/11

Prelim sent 29/11 £276

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