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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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What we do if you ask for charges back


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I originally posted this in the RBS forum but someone asked me to put it in here to give an idea of what happens in the bank when you ask for charges back - I'd imagine it'll be similar sort of idea for other banks... Enjoy

 

How charges get refunded for personal (ie no business) RBS customers :D

 

:p In Branches:

Any member of staff can take your complaint / request for charges back (at the counter, by letter or phone)

We are trained to log this an official concern (complaint) on the sytem but be wary not everyone will take the time to do this as its time consuming. The staff member should at the very least refer the matter to the relevant person (branch manager / area manager / customer relations)

Branch managers only have authority to refund up to £50 in each case (i believe its the same limit nationwide) and they actually have a budget set aside for how much their branch can "spend" on personally refunding charges!

Area managers have authority to refund more charges, regional managers higher amounts still; though to be honest if you're wanting more than £50 back you should go direct to customer relations.

 

:p Customer Relations: (Freepost PO Box 1727 Edinburgh EH12 9JN / 0800 015 5035 / margaret.king@rbs.co.uk)

This is a department of the bank dedicated to sorting out complaints before they are taken further. They have a lot more authority to take action / refund charges than branches and this is probably your best port of call. It's in the banks best interests to settle with you within 8 weeks of making your complaint (has to be logged) otherwise you are free to complain to the Financial Ombudsman and this will cost the bank at least £370 (i read £370 on another part of the forum but we've always been told it's £500?). If the Ombudsman decides you were right the bank has to abide by their decision and do what it says. If they disagree with you and take the banks side the bank is still charged and you pay nothing.

I believe you can also take court action at any time regardless of who is dealing with your complaint.

 

:p Internet/Phone Banking:

I am not 100% sure but i believe they either send the home branch a message to investigate or use the same concerns system to log and try to resolve it as branches do.

 

:p New department (I don't think customers can contact this dept directly)

There's been a new department set up last few weeks (MCC i think?). Originally we were told it was a help centre to give advice on how best to handle complaints that we are trying to resolve. But now it looks like its part of a bigger plan...

Just a few days ago in our morning staff meeting we were told all about the growing consumer movement that "bank penalty charges are illegal" and the court case v Lloyds, and alsoshown a letter like the ones available on this site. We were advised that if we received a letter like these we were to send them immediately to this new department and that they would handle it from there as we didn't want to "get to the stage that there were baliffs coming into the branch". Interestingly enough my manager who is normally a right jobsworth didn't try to dispute the statement that bank charges are illegal.

 

:roll::roll::roll::roll::roll::roll::roll::roll::roll::roll::roll::roll::roll::roll::roll::roll::roll::roll:

 

I've heard of cases where customers are made to sign a letter saying that they "understand they will be refunded this one last time but they are not to ask for any more charges back and we will not refund anything else unless it is a proven bank error........."

......only for them to be refunded again the very next month!! So generally speaking always accept the charges we offer to refund at the time, but then ask for the rest back as well.

 

 

Remember if you want your entire lot of charges back the best chance of success seems to be using the "bank charges are illegal penalties" letter templates on this site. From the look of it they seem to meet with success everytime (as long as you follow through on everything)

 

And finally remember next time you come into the branch that, believe it or not, the majority of bank staff are on your side. We're just not allowed to tell you that we also think that charges are excessive and unjustified or anything other than the banks policy on charges or refund more than our department is allowed to otherwise we could end up being disciplined or even sacked. Its something we regularly talk about amongst ourselves and i am yet to meet a non-manager who doesn't think the charges are disgusting or obscene. So please be nice to us :)

 

I'll try and post something useful in the next few days...

In the meantime I'm off to send a letter to Barclaycard and one for a mate to RBS. :wink:

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(Yes I work for a bank but am here to help! Please be nice to me! :))

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Banks ask people to sign away their legal right to reclaim charges?? Sounds like an unfair term to me - not to mention as a principal at alw you can not get someone to sign away their rights!

I'm not sure if this was/is a bankwide policy or if it was just that particular manager who did it.

It seemed reasonable enough to us at the time because they were

-constantly breaching the terms of the account

-hassling us about the associated charges

-promising that "this will be the last time"

-getting the charges back

-racking up yet more charges 2 weeks later

and so the cycle continued ad infinitum...

Now I've opened my eyes i can see things differently!!

 

 

Wow - were the letters shown to you the very ones in the library?

yeah think so. just saw them briefly didn't get a chance to read thru wish i had now.

(Yes I work for a bank but am here to help! Please be nice to me! :))

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  • 12 years later...

This topic was closed on 03/07/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

(Yes I work for a bank but am here to help! Please be nice to me! :))

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