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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 
      • 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
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Roberto Vs Halifax PLC **SETTLED**


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well done Roberto yee of little faith

 

i am really pleased for you

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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Roberto got mine today

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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Hi Everyone,

 

Just wanted to let you all know that the Halifax have given me extra and paid me out today. They deposited £1360 in charges back to my account.

 

Thanks to everyone who has advised me on this long journey and hope you all get paid out soon!!!!!!

 

Yippee!!!!!

 

Roberto!!!!

wor jusell done just read your story am so pleased for you i am just starting out got my statements within a week do i have to write each charge and date down on my schedule
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Congratulations Roberto can you please pm a mod and also complete the survey, the link is at the top of the page, or in my signature take your pick

:) Go on ... you know you want to click me :)

:lol:don't be like the banks - give a little back :lol:

:D There was a time before CAG but now CAG is here we are the empowered! :D

In progress:

Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06

Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

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:D waor juy to roberto well done iam just starting out got my statements in a week do i have to write each charge down on my schedule o r just whole amount please

 

You need to use the spreadsheet on the site to work out how much they owe you.

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congrats roberto....enjoy the dough

"Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"

 

Brad v Halifax

22/08/06 - Preliminary Letter sent requesting full repayment of charges

06/09/06 - LBA sent to bank

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  • 3 weeks later...

You will never believe this but the Halifax have just charged me when according to their internet service I didn't go over the overdraft. I phoned their telephone banking and explained this to the lady on the phone and she replied that the online service isn't accurate and always put credits on before debits and she reckons that the money I paid in was after a cheque went out and put me over the overdraft. I explained to her that I would only claim this back as it is illegal and she said it wasn't illegal and they would not refund the charges, which is still £30.00. I can't believe they have learned anything from all the publicity about bank charges and when they know they will have to pay the £30.00 plus at leats £30.00 court costs. They are not going to defend as they didn't defend £1360.00 as in their word wasn't commercially viable. Are these people who run these banks idiots or what, because I would just refund the charge and not take the risk.

 

Should I write to their head office and explain this and tell them that I will reclaim this £30.00 through the courts if neccessary?

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Hi Roberto

 

I had exactly this argument with them last year. We knew three direct debits were going to go out and take us over our limit, so we paid some money in the day they were due to go. They charged us the £28 'over limit' fee, 2 lots of £30 'direct debit paid while over limit' fees, and 1 £39 'payment refused' fee.

So £127 when in our eyes we never went over - our online statement showed it clearly as you describe - had a blazing row with telephone banking where they 'explained' that direct debits etc are taken from the account at midnight on the due date. As I only paid in at lunchtime, the charges had already been triggered regardless of the balance at the end of the day.

 

My anger is still there that they did this - my consolation now is that this is part of the court claim I have just raised against them and I know I will get th money back.

 

Hate the b*****ds!!

Morris v Halifax

Data Protection Act letter sent 20/6

Charge deducted from account 27/6

6 yrs statements received 25/8

Prelim sent 30/8 (£1014 charges + £156.11 interest).

Std reply & complaints leaflet received 5/9

Offer received £70 9/9

LBA sent 12/9

No reply to LBA - MCOL requested 26/9

Offer received 26/9 - £218.

MCOL issued 26/9, acknowledged 29/9

Offer 29/9 - full amount ex. o/draft interest

Accepted as partial

Credited to account 12/10

AQ sent for rest

Morris1 v Barclaycard

Prelim letter sent 31/8 (£60 charges + interest).

Standard reply 9/9

Offer 12/9 - full amount!! :smile:

Morris 2 v Barclaycard (Mrsbass!):

Data Protection Act letter sent 7/9

Standard reply received 19/9 inc statements 5/04 to date and microfiche bilge.

Prelim 20/9 £100+interest actual, +same estimated.

LBA 3/10

Partial offer £48 6/10

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I am waiting and then claiming these new charges back they owe me £60.00 so far as they reckon 2 cheques went out when according to their all singing all dancing online banking system I didn't go over. I will get them again. I like the way that some companies have lowered their charges to £12.00 like MBNA and halifax think they can still charge £30.00, it's about time the government took this on and stopped them as they are causing working people hardship.

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