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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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OFT test case


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...and yet, we're told that 'they' need to raise an extra 85 billion in taxes this year to 'make the books balance'.

 

Well, the easy answer would be to let private enterprise make it's own bloody mistakes and suffer it's own consequences.

 

 

As a business owner I agree. Banks provide a service just like evryone else.

I don't get special compensation when Joe bloggs says he's unhappy with my service. (maybe because thats never happened yet.) Doubt it though.

"The only thing that interferes with my learning is my education." Albert Einstein

 

"No-one can make you feel inferior without your consent" - E. Roosevelt

 

 

Don't lie, thieve, cheat or steal. The Government do not like the competition.

 

 

All advice is offered without prejudice.

We are being sued for Libel. Please help us by donating

 

Please support the pettition to remove Gordon Brown as he was not elected primeinister. He was elected Party Leader something completely different.

 

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yes agree. this thread is going off on one again lol

i wish it would hurry up i want to go ahead with court.

i have had one pay out this week with BOS, paid me full amount before court!

HALIFAX: PRE 6 year claim 1991-2006 WON 21/3/07 £2616

CAPITAL 1 - WON 19/3/07 £800.22

CAPITAL 1 - WON 19/3/07 £325.75

AQUA - MCOL 2/3/07 £172.79

ABBEY - MCOL 2/3/07 £261.37

HALIFAX VISA - WON default removal 19/3/07

PARAGON - LBA 11/3/07

CABOT -SAR 26/2/07

ROCKWELL -OFFER 20/2/07

GMAC -MCOL 7/2/07 £189.85

WESTCOT - SAR 25/2/07

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Wilkinss208...is the bos - royal bank of Scotland and when did you put in your claim -?? I am building up a whole lot of charges at the moment at the HAlifax and I would liket to make a claim - not sure if I should start out claiming now or just wait?

If I have been of any help to you please be kind enough to click on my scales! Thank you

 

:D Halifax Bank...December 2006 ..... WON! 1 week after N1 filed.

:eek: Lloyds TSB....... April 2007 Lloyds TSB.....WON, 1 day before prelim. court date, still went before judge.

:p Nationwide.........April 2007 Nationwide.......WON, 3 weeks after N1 filed.

:rolleyes: Nat West....June 2007 (on behalf of friend) Settled after LBA and before filing.

:smile:HSBC - full settlement ...on behalf of my son...

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yes agree. this thread is going off on one again lol

i wish it would hurry up i want to go ahead with court.

i have had one pay out this week with BOS, paid me full amount before court!

 

hey, did we miss something here! a payout before the result of the oft case!!! congratulations... do you have a thread where I can read more?:grin:

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One of the key arguments in the test case seems to be that the charges are fee for a service - ie the service provided is that of the bank "considering" the unauthorised overdraft. However nobody seems to have picked up on the fact that most banks use what is called "refer lists" which is basically a list produced each business day of accounts that are over their limit. The key point here is that most customers are placed on the "return all" refer list which means that items hitting the account which take it over limit are automatically returned unpaid without any intervention or consideration. Some customers are tagged "pay all" and the over limit items are paid by the bank automatically but these customers are well in the minority and typically the bank's best customers. With the volumess of electronic transactions going through the banking system nowadays it is simply impossible for the banks to "consider" all the unauthorised overdraft requests.

All comments are my personal views - if in doubt then seek professional advice. If you think i've helped then please tip my scales.

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there is basically nothing to read. i paid a hp loan off in november and filed for all my charges back straight away. i realised the test case was going to run, but i have lots of cases pending at the moment so thought i would only add another to list.

i have 3 other with Bank of Scotland/Halifax but this is the only one that has paid out before its even got to the court fee stage.

They paid me everything in full and final settlement. I think the woman must of been having a good day!

I have won lots of claims before the test case was announced so I have all templates, right up until court bundles still at hand if needed.

I also managed to claim from 1998-2007 with Halifax last April - wow that was a good one!

HALIFAX: PRE 6 year claim 1991-2006 WON 21/3/07 £2616

CAPITAL 1 - WON 19/3/07 £800.22

CAPITAL 1 - WON 19/3/07 £325.75

AQUA - MCOL 2/3/07 £172.79

ABBEY - MCOL 2/3/07 £261.37

HALIFAX VISA - WON default removal 19/3/07

PARAGON - LBA 11/3/07

CABOT -SAR 26/2/07

ROCKWELL -OFFER 20/2/07

GMAC -MCOL 7/2/07 £189.85

WESTCOT - SAR 25/2/07

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but a pay back is good news! :)

well done, only wish I had more luck than you with my claim which was started over 12 months ago and now caught up in the test case

 

wholly crap.

 

I mean oh dear.

"The only thing that interferes with my learning is my education." Albert Einstein

 

"No-one can make you feel inferior without your consent" - E. Roosevelt

 

 

Don't lie, thieve, cheat or steal. The Government do not like the competition.

 

 

All advice is offered without prejudice.

We are being sued for Libel. Please help us by donating

 

Please support the pettition to remove Gordon Brown as he was not elected primeinister. He was elected Party Leader something completely different.

 

http://petitions.pm.gov.uk/gordan-brown/

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yes i was very pleased!

i dont know whether because it was a hp loan instead of bank account it made a ddiference ??

HALIFAX: PRE 6 year claim 1991-2006 WON 21/3/07 £2616

CAPITAL 1 - WON 19/3/07 £800.22

CAPITAL 1 - WON 19/3/07 £325.75

AQUA - MCOL 2/3/07 £172.79

ABBEY - MCOL 2/3/07 £261.37

HALIFAX VISA - WON default removal 19/3/07

PARAGON - LBA 11/3/07

CABOT -SAR 26/2/07

ROCKWELL -OFFER 20/2/07

GMAC -MCOL 7/2/07 £189.85

WESTCOT - SAR 25/2/07

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Pretty sure that was the reason wilkinson.

"The only thing that interferes with my learning is my education." Albert Einstein

 

"No-one can make you feel inferior without your consent" - E. Roosevelt

 

 

Don't lie, thieve, cheat or steal. The Government do not like the competition.

 

 

All advice is offered without prejudice.

We are being sued for Libel. Please help us by donating

 

Please support the pettition to remove Gordon Brown as he was not elected primeinister. He was elected Party Leader something completely different.

 

http://petitions.pm.gov.uk/gordan-brown/

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yes me too, but good call for others who want to still chase

HALIFAX: PRE 6 year claim 1991-2006 WON 21/3/07 £2616

CAPITAL 1 - WON 19/3/07 £800.22

CAPITAL 1 - WON 19/3/07 £325.75

AQUA - MCOL 2/3/07 £172.79

ABBEY - MCOL 2/3/07 £261.37

HALIFAX VISA - WON default removal 19/3/07

PARAGON - LBA 11/3/07

CABOT -SAR 26/2/07

ROCKWELL -OFFER 20/2/07

GMAC -MCOL 7/2/07 £189.85

WESTCOT - SAR 25/2/07

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just because its a hp loan you were successful in claiming back charges on it still deserves congratulations. Claiming back any charges, especially bank charges, is a very draining and time consuming process, well done x

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thanks. it was only £150, had more claimed back but better in my pocket than theirs!

good luck to everyone. especially after this test case, hope OFT win with good results;)

HALIFAX: PRE 6 year claim 1991-2006 WON 21/3/07 £2616

CAPITAL 1 - WON 19/3/07 £800.22

CAPITAL 1 - WON 19/3/07 £325.75

AQUA - MCOL 2/3/07 £172.79

ABBEY - MCOL 2/3/07 £261.37

HALIFAX VISA - WON default removal 19/3/07

PARAGON - LBA 11/3/07

CABOT -SAR 26/2/07

ROCKWELL -OFFER 20/2/07

GMAC -MCOL 7/2/07 £189.85

WESTCOT - SAR 25/2/07

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Share on other sites

Well as an ex-northern rock shareholder also I can safely say I agree.

"The only thing that interferes with my learning is my education." Albert Einstein

 

"No-one can make you feel inferior without your consent" - E. Roosevelt

 

 

Don't lie, thieve, cheat or steal. The Government do not like the competition.

 

 

All advice is offered without prejudice.

We are being sued for Libel. Please help us by donating

 

Please support the pettition to remove Gordon Brown as he was not elected primeinister. He was elected Party Leader something completely different.

 

http://petitions.pm.gov.uk/gordan-brown/

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Share on other sites

One of the key arguments in the test case seems to be that the charges are fee for a service - ie the service provided is that of the bank "considering" the unauthorised overdraft. However nobody seems to have picked up on the fact that most banks use what is called "refer lists" which is basically a list produced each business day of accounts that are over their limit. The key point here is that most customers are placed on the "return all" refer list which means that items hitting the account which take it over limit are automatically returned unpaid without any intervention or consideration. Some customers are tagged "pay all" and the over limit items are paid by the bank automatically but these customers are well in the minority and typically the bank's best customers. With the volumess of electronic transactions going through the banking system nowadays it is simply impossible for the banks to "consider" all the unauthorised overdraft requests.

 

Stornoway, very nteresting post. Thanks. Are you speaking here of a particular bank or banks (plural) and on what do you base our insights?

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can anyone remember when the banks did give you a service? When every branch had a manager that would look at your account and employ good old fashioned common sense before stopping a payment. They would see that your pay came in regularly on a date and decide to pay the DD or SO allowing you to go overdrawn in the knowledge that you would be paid shortly. Ok you would get a letter, that you would be charged for, but you were getting a good service. I still remember a classic letter i received one xmas from my Midland Bank manager a Mr Weston which went as follows " Now is the time of christmas cheer as is evident by the state of your account, please do not draw any more cheques until you have the funds to cover them, having said that have a Merry Christmas"

When the banks got rid of the branch managers they should have adjusted the charges accordingly but they were greedy and should now be made to pay.

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yes, I remember those days, had a lovely bank manager in the 1980's, Mr Cunningham, he used to ring me up weekly after my divorce to check everything was ok financially with me... that was another world! With regard to the "refer lists" that is very interesting and makes sense with my accounts now, on 2 accounts they charge and bounce and on the other one (the one im claiming on) they charge and pay out, I never did understand why, thanks for that insight.

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they charge and pay out, I never did understand why, .

 

Its because there unlawful

"The only thing that interferes with my learning is my education." Albert Einstein

 

"No-one can make you feel inferior without your consent" - E. Roosevelt

 

 

Don't lie, thieve, cheat or steal. The Government do not like the competition.

 

 

All advice is offered without prejudice.

We are being sued for Libel. Please help us by donating

 

Please support the pettition to remove Gordon Brown as he was not elected primeinister. He was elected Party Leader something completely different.

 

http://petitions.pm.gov.uk/gordan-brown/

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Back in the day, I had just moved in to a new house and the telephone was not connected.

 

My bank manager actually came to my new house to see if the move had gone ok :)

 

He was a nice chap.

 

Tell that to the kids of today and they won't believe you :D

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Hell....I don't believe you!

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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Add me as your friend on FaceBook - I need all the friends I can get :-(

 

http://www.facebook.com/profile.php?id=577405151

 

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Back in the day, I had just moved in to a new house and the telephone was not connected.

 

My bank manager actually came to my new house to see if the move had gone ok :)

 

 

 

 

What on earth was he after?

"The only thing that interferes with my learning is my education." Albert Einstein

 

"No-one can make you feel inferior without your consent" - E. Roosevelt

 

 

Don't lie, thieve, cheat or steal. The Government do not like the competition.

 

 

All advice is offered without prejudice.

We are being sued for Libel. Please help us by donating

 

Please support the pettition to remove Gordon Brown as he was not elected primeinister. He was elected Party Leader something completely different.

 

http://petitions.pm.gov.uk/gordan-brown/

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Share on other sites

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Thanks

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