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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
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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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PPI and "card protection" charged on a card that doesn't exist!


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Hello everyone,

 

I wonder if I might seek some advice from some of the knowlegeable people here, because I don't know very much about any of this stuff!

 

I recently set up online banking for the first time and discovered a direct debit on my account from MBNA which had been there since 2003. I didn't know what it was and so I cancelled it, but I was a bit concerned and it caused me to go looking through my statements. I was alarmed to see that it had been making approximately twice-yearly charges to my account for a long time. I had never noticed before (I know it wasn't smart of me not to read my statements thoroughly).

 

I took out a credit card with Santander in 2003, which was managed by MBNA, and cancelled it in 2007. When I cancelled it I specifically asked Santander if I needed to cancel anything else and they said no, so I never thought about it again. While trying to find out what is going on, I have just discovered that cancelling a credit card is not the same as cancelling a credit card account and things can still be charged to the account - no one ever informed me of this, but I was still confused because to my knowledge I had never signed up for any recurring charges on the card.

 

However, I managed to find some of my old credit card statements, and discovered there were some recurring charges after all. One of them was "card protection" which seemed to charge me around £30 several times a year. The other was PPI. I don't recall signing up for either of these things - I don't even know what they are - and interestingly PPI was not on the earlier statements but appears on them around 2005. I know for certain that I did NOT initiate that. And it would appear that since cancelling my card they have continued to charge me for either one or both of these things on a card that does not exist! The PPI is for small amounts and probably doesn't add up to a significant amount, but the "card protection" charges (is this the same thing as PPI, and if so why was I being charged for both?) add up to a lot over so many years. I'm quite bemused because up until a few days ago I didn't even know I had an account with MBNA. I am currently writing to them to ask for a full summary of all charges made to the account in the last six years.

 

I'm also confused because I don't know if I would be issuing the complaint to Santander (who apparently mis-sold/misinformed me both when I took out the card and when I cancelled it), MBNA (who have the account and were taking the money) and/or a third party (I don't know yet if the card protection is with MBNA or a third party company, since I didn't even know I had it). It doesn't seem fair that I could be penalised for not cancelling something I didn't know existed. I can prove that I couldn't have used the account or used an associated card beyond 2007 because I changed my full name in that year, both first name and surname, and cancelled the card rather than request a new one with new details because I didn't need it. So I couldn't possibly have legally used the account beyond that point.

 

I wanted to know if there was a likelihood of receiving a refund under these circumstances, and if so if I would be able to claim going all the way back to 2003 or just to 2007? And do any of you have any advice regarding how to go about claiming it? I know I need to request the details of the charges but I'm lost beyond that!

 

Thanks in advance (and also for reading this rather lengthy post),

James

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Hi

 

Sounds like a good case for a reclaim to me.

 

If you didn't request these items and they were just slapped on there without your knowledge then claim them back. (with interest).

 

Get the info first and then you will be able to complete spreadsheets and send them in to the lender. Your claim will be with whoever you were paying.

 

And yes you should be claiming right the way back to the word go.

 

ims

 

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