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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
      • 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
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Barneybubble Vs RBOS (2) £12430.00


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Good to hear from you Hedgey. I believe that they are offering to pay all of the penalty charges on the business account. NOT any extortionate charges for banking with them.

I think the personal account has now become the one to chase and need to change my POC before stay is lifted or decission by court case, just in case. THANK YOU FOR YOUR HELP. Do you have a link to a template for a personal account POC?

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yes i agree...... if you are getting most or all business referrals and unpaids plus interest, then that is the same as I am claiming, and i would accept

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KBO

If you can't fight, wear a big hat.

 

Halifax... 2 successful claims....£518

 

CitiCards..... judgement and cheque (26/7/07) .... won £900

 

RBS business..... .....stay lifted reissued N1..... won £2105

 

Midland1 business.1996/1997.. first letter (27/6/07)....£1470

 

First Direct...... first letter (30/6/07).... £839.... stayed

 

plus another 13 banks/business/cc's to come for £10,000 plus.

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I'm here hun! The link you'll need for the personal PoC (RBS) is this one http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/110284-new-rbs-poc-n1.html

 

And if you're accepting their offer on the business account, I think it's a wise decision hun. As they're offering to refund all penalty charges, I think this is what you can call a great result.

 

Well done - you've done a fantastic job. And, fingers crossed, you'll have the cash in time for xmas as well! xxx ;)

 

EDIT: can I just add that I think you need to revise your business banking arrangements. You're paying way too much money for online banking barney. Don't let them take your hard-earned cash like this.

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A thought before bed. If I used the interest charger I could be apprx £400 short. Do I say I want EVERY PENNY WITH COMPOUND INTEREST?

 

Might be a bit late to change the horse mid-race barney. ;)

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Lol......... could you please inform my husband of that barney? He thinks I'm potty! ;)

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Nice one barney! x ;)

 

Is it time to get your thread changed to ***won***? :D

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No worries barney!

 

And don't forget, any charges that have been applied to the account since the date of the last charge on your current claim = business claim no. 2! x ;)

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Barney

Been watching in the wings.

IMHO I agree that it would be a wise move to accept current offer.

This way you get the actual unlawful charges back, which is after all the point of the whole exercise.

I was going to comment earlier about the other fixed charges for banking; set up/arrangement fees, charges per item, monthly business account management charges etc which are unfortunately legit (albeit still outrageously high) and how these cannot actually be deemed as penalties. So they are not subject to the same rights to contest. However others have already advised you properly in that respect.

 

If their current offer really does encompass all the unfair charges then IMHO it would be advisable to accept.

 

However, one final note of caution;

 

Be careful what you do sign and agree to as terms of the offer.

Only agree to accept what is currently on the table as a settlement in respect of the current case ONLY.

Be careful not to agree to anything that may restrict any rights you still have in respect of any other charges incurred since commencing actions.

 

If unsure about extent of the agreement, then post it up, or PM it to someone to take a look before signing and agreeing to it.

 

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 !

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PS: And also, only write to the court to withdraw your case AFTER you have received settlement, NOT before.

And do remember to do that. You don't want to be seen as someone who does not understand due process or not keep their word, especially as you want to keep the courts on your side for later.

There are several examples on CAG of suitable letters to write, I'm sure Hedgey will direct you there.

 

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 !

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Hedgey....... I dumped RBS and went to Alliance and Leicester Commercial Bank........ they are good for cash transfers/cash handling and you do all your stuff internet/post/post office. Nationwide also do a good deal

My charges are now ZERO.... instead of about £1,000/year

I didn't do many transactions but RBS hit me with lots of big fixed charges such as annual/monthly fees which AL don't do. If you want some more info PM me

KBO

If you can't fight, wear a big hat.

 

Halifax... 2 successful claims....£518

 

CitiCards..... judgement and cheque (26/7/07) .... won £900

 

RBS business..... .....stay lifted reissued N1..... won £2105

 

Midland1 business.1996/1997.. first letter (27/6/07)....£1470

 

First Direct...... first letter (30/6/07).... £839.... stayed

 

plus another 13 banks/business/cc's to come for £10,000 plus.

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Barney

Some good advice from others regards looking for cheaper options for your business banking needs.

In actual fact, there is no legal requirement to operate a business using a business account at all (certainly with sole traders, the rules may be different with limited companies etc).

As far as the law goes, as long as your annual accounts are in good order and you pay your taxes etc there is no legal requirement to use a business account.

Banks just want business' to use business accounts because it makes them money.

They try to justify this by claiming that a business account requires more management, has more transactions going through etc. Which is a fallacy. Many people have just as many transactions, cheques, cash withdrawals, SO's, DD's etc going through their personal accounts.

 

This brings us all around to the common contention that bank charges are used as a form of funding to enable banks to offer free personal banking.

That several banks are now hinting that the end of such charging practices would herald an end to free personal banking is just scaremongering; an attempt to shift the blame away from their own greed, by implying instead that such changes would be as a result of a radical few. All in an attempt to try and get support from those customers who've never fallen foul of their spiralling debt traps to allow them to maintain their current highly profitable practices.

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 !

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