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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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LyncusBee Vs the UnCooperative.. no really they have been


LyncusBee
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This all started after £65 of penalty charges were applied to my savings account in quick succession, one £25 triggering another £15 for being a further detriment into the red etc. In their literature they quote a £10 buffer zone and my original deficit was under that; lo and behold that didn't apply because it was a savings account not a current account, and further it didn't apply to my current account because I had an overdraft!

 

So I told them I was going to reclaim my charges and that I wished to close my account, they told me I would have to pay off the overlimit to avoid any further charges and it was not possible to stop further charges until I did so. Two days and two long arguments later I demanded a freeze be applied to my account to futher stop charges, else they would be holding me to a ransom of debt, after intimating to put a freeze or '88 marker' on all my accounts (my current account had caught a £35 for a £2 deficit because of the no buffer zone!) I argued that that was unreasonable as I could deal with the £35 (though I was contesting that accounts charges anyway?!) and it was the £65 that was the problem. So it was left at that with me saying I would bring the current account back to order. I posted my bank charges preminary off that day.

 

For the next 5 days their collections department rang me up asking how I was going to pay my debts up to twice daily on my mobile and landline even saturday and sunday until on the sunday I told them to deal in writing only as they were harrassing me . Yesterday I went and paid off my debt on the current account to shut them up. Today I got a letter saying that they had withdrawn my banking services (debit card, cheque book etc) on my current account. Now there was no reason for this whatsoever I had operated the account without charges for months and even reducing my overdraft by £40 each month without fail.

 

So today I rang and registered a verbal complaint and recorded the call, unbeleivably the woman actually read the account notes back to me saying that I had agreed to pay off the debts at the nearest opportunity just before the harassment began. Why the current account has been frozen is a mystery. So now I write a complaint letter about their punitive actions and harassment.

 

I really do hope that nothing happens to stop people claiming charges befor september because I have at least 6 odd weeks before I could claim this back and they really really deserve it this time... The ethical bank eh? If ethical only applies to how you spend your profits not to how you attain them!!

 

I am so disgusted with their behaviour that I want to just tear up all my cards with them but I am afraid that that would lead to them retracting my overdrafts and credit card demanding all of it back at once, which I fail to see how thay can say "We need 28 days to look into your complaints" but carry on acting punitively in the meanwhile?

 

Any advice would be a comfort... I am hoping to see a free solicitor tomorrow to see where I stand if they carry on like this.:evil:

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Looks like I now know why they were so harassing to get there charges monies back, they know I won't be seeing it for a few years!

 

If the Co-operative are not however part of this agreement with the OFT, can they still apply for a stay in court? I presume the FSA waiver of processing complaints over charges applies by default as they are a bank? Any clarity on banks that are not part of the OFT agreement and stay applications to courts?

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Okay, you've sent the prelim letter. Wait 14 days and then send LBA. However, do you have any charges (penalties for going overdrawn etc) within your banking history with them? It might be worth sending off a SAR if you have not already done so and then claiming the lot. You can ask for the £10 fee back as well.

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.htmlThis will help you. Don't worry about the test case at the moment. I read earlier that if individual courts pend cases we can appeal against that decision. Just keep going, Sally

 

 

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