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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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The OFT have basically won. The Banks are refused leave to appeal. The banks now have to ask the House of Lords for leave to appeal.

 

County Court claims to remain stayed, but OFT are now cleared to publish their findings on the charges, their initial findings are that they are unfair!

 

I'm sure CAG will be putting out a full update later.

Edited by Alphageek
spelling!

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

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BBC NEWS | Business | Bank charges appeal is thrown out

 

 

Looks like they are not allowed to appeal in the house of lords

 

As Barry would say, "That's a right touch"

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08/03/07 Standard Letter from Barlclays saying they are looking in to my complaint received

13/03/07 Letter before action sent (hand delivered to my local branch)

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29/03/07 MCOL submitted

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Only downside is that the banks will likely introduce charges for having a current account to make up for the loss in profits.

 

Though it will be a very brave bank to introduce them in the current climate, with those who can change bank likely to change to an institution that doesnt have a monthly fee.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Only downside is that the banks will likely introduce charges for having a current account to make up for the loss in profits.

 

Though it will be a very brave bank to introduce them in the current climate, with those who can change bank likely to change to an institution that doesnt have a monthly fee.

 

On a similar note, an interesting feature in the Telegraph today about the current climate in banking;

How banks are pretty desperate to get new customers, how to compare the various providers, the services, and the pluses and minuses of the various accounts suited to your own needs.

 

Quote:

But banks are desperate for your custom at the moment, and some are offering good incentives to lure you into their current accounts – knowing that once you are hooked, you could be with them for life. Both First Direct and Alliance & Leicester will pay you £100 if you switch to specific current accounts, while Halifax offers to pay you £5 a month. But how can you tell whether these are the right accounts for you?

More here:

Bank charges: Find the best bank account - Telegraph

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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Alphageek

 

I'm confused by this as the link you highlight clearly suggests the banks do intend to seek leave to appeal to the House of Lords.

 

Can you explain?!

 

Fred_Funk

NatWest: seeking unlawful charges + interest incurred as a result of those charges of £4,292.82 and contractual interest (compounded) of £4,559.41. Court claim issued 16.01.08; acknowledgement of service filled by Cobbetts on 30.01.08

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Alphageek

 

I'm confused by this as the link you highlight clearly suggests the banks do intend to seek leave to appeal to the House of Lords.

 

Can you explain?!

 

Fred_Funk

 

The article has changed since it was first posted.

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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The article has changed since it was first posted.

 

Yes, what Dolly said.

 

They obviously thought about doing the right think and then came to their senses :-x

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

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Ive read many threads but am still unclear as to the next step. my claim was stayed probably a year ago. Is it still a waiting game until the banks appeal or the Fsa decide how much the charges actually cost the banks. will the courts now lift the stays.

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Ive read many threads but am still unclear as to the next step. my claim was stayed probably a year ago. Is it still a waiting game until the banks appeal or the Fsa decide how much the charges actually cost the banks. will the courts now lift the stays.

 

Basically it is still a waiting game. The stays will not be lifted yet.

Consumer Health Forums - where you can discuss any health or relationship matters.

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Hi all. What get's me is the paragraph on that BBA report that says:

 

There is limited guidance from case law on whether and how the UTCCRs apply in these circumstances.

The Banks continue to believe that the UTCCRs do not apply to these types of charges, where the customer is using and paying for a service that is being offered.

 

So how come, and there are probably thousands more people same as me, I wasn't allowed an overdraft on the type of account I had, so how were they providing a service? They just charged me every time for going over big fat zero, and direct debits of course.

 

This has been my argument all along, and my charges go into thousands.

 

I had to sell my house (luckily I sold in 2 weeks), because of the banks. I am in a better position now but that's not quite the point as you guys all know.

 

When will they give in?

 

Bw,

 

Fzrkitten

Fzrkitten

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Hi kitten, the next step is, helpfully, the HoL refusing them the right to appeal the appeal court's decision. Will be about 12 weeks at most for that decision.

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

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Hi alphageek,

 

I hope for others it is resolved quickly, although it seems it will drag on. I'm ok now, (still waiting like you though) but I know many of my friends on here are still suffering badly while waiting.

 

Just makes you wonder how many more game's they'll play and how many more lives they'll ruin first.

 

Good luck all!

x

Fzrkitten

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  • 4 weeks later...
Basically it is still a waiting game. The stays will not be lifted yet.

 

What I want to know is will they contact each customer individually that have had their cases stayed?? I really only check up on this once every month or so, after 2 years of this i am now less enthusiastic about getting back my money!

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What I want to know is will they contact each customer individually that have had their cases stayed?? I really only check up on this once every month or so, after 2 years of this i am now less enthusiastic about getting back my money!

The courts or the banks?

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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The Banks continue to believe that the UTCCRs do not apply to these types of charges, where the customer is using and paying for a service that is being offered.

Naughty naughty. The courts found that they weren't offering a service. Granted, they didn't find they were a penalty either, but the judgment also clearly stated that they were not a service.

 

The BBA, lying? Surely not. :rolleyes:

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The courts, I guess...?

I have to be honest and say I don't know. The problem is that the OFT test case issues are still unresolved so that is one of the questions that will need resolving. Is your stay indefinite(well until the OFT test case is resolved)?

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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That is one of the worries: A lot of people will have had an indefinite stay, but others will have been given a date beyond which their claim could get struck out without notice unless they notify the courts they want it to carry on. :-(

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I have to be honest and say I don't know. The problem is that the OFT test case issues are still unresolved so that is one of the questions that will need resolving. Is your stay indefinite(well until the OFT test case is resolved)?

 

Yes I believe so, basically until the cases are resolved it's on hold...

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That is one of the worries: A lot of people will have had an indefinite stay, but others will have been given a date beyond which their claim could get struck out without notice unless they notify the courts they want it to carry on. :-(

 

Oh wow, how can I check which applies to me. It should obviously say it somewhere in my paperwork, but which one?? I'm sure it is stayed until further notice, but now I need to be sure!

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