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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
      • 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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Working at a Bank you should know that Basic Accounts don't come with Cheque Guarantee Cards, and most of them don't even have Cheque Books.

 

if you read my last note thats exactly what i said!!

 

and as for dispraportionate charges again if you read my comments you'll see that I dont agree people should get charged for a dd returned at £2.49, tinkerbelle r u sure you have read my comments?? Don't assume just because I work for a bank that I'm heartless!!

 

Yes Lueeze I do agree (to a degree!)

 

 

I'd be interested to know what everyone else does for a living????!!????

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barman. / student

 

people claim the dole and spend it in the pub i work so effectively i am self employed my taxes pay my wages :p.

 

2 minds do you agree that how you are treated by a bank is entirely dependant on which person you speak to. some people have no common sense

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barman. / student

 

people claim the dole and spend it in the pub i work so effectively i am self employed my taxes pay my wages :p.

 

So ur loved by all!!

2 minds do you agree that how you are treated by a bank is entirely dependant on which person you speak to. some people have no common sense.

 

Regrettably, yes!!

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Haven't said anything on this thread but have found it quite entertaining!

 

I wish 2minds worked at my bank let me tell you.... I have charges of about £1000 which were mostly incurred during 2001-2003. We had just had a our first child, me and my partner were on very low incomes as we were just "starting out" (£1000 would have been above our combined monthly income!). I remember one instance where all of us went to the bank to contest over £100 of charges in a month. This left us with no absolutely no money left at the end of the month and what did they bank say.... We're very sympathetic to your plight, but..... we aren't in a position to refund your charges blah blah..... partner (now wife) was crying in the middle of the bank and they just didn't give a toss... No we can't give you a temporary overdraft because your currently overdrawn due to these charges, if you can pay in £100 today we can consider an overdraft.....????!! We ended up having no option but to go to a loan shark who charged us over £200 to borrow £100 which of course left us in a worse situation over the following months. Bit of a snowball effect from there really, not enough money to pay the next months bills because of charges and loan which resulted in more charges etc etc. I guess some of you already know this story.

 

I really wish we could put a monetary value on distress because I would be taking my bank to the cleaners right now. I just wish I knew at the time that there was a legal route to follow rather than just bending over and taking it like we have done for years.

Just the FAQ’s ma'am. Please read 'em thoroughly before jumping in. Cheers :)

 

Find all the letters under the rainbow here

 

Being a man, I am always right (however I will make no admission of liability if you have misinterpreted my instructions!! :) ) If you are in any doubt, then consult a professional. All opinions offered on this site are just that, and should not be taken as legal advice.

 

Halifax - £1400 reclaimed. Now on a crusade to help others!

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...and it's stories like that (very similar to my own) that prompted BF and I to start this site.

 

EVERYONE should know that being shafted by the bank doesn't have to be an option.

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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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pmhread - good luck getting your charges back, and for the record I would've refunded your charges at first contact! ;)

 

Well this has been fun everyone, best of luck to everyone in a similar position, I have learnt alot from you guys. Hope you can see where I am coming from. Never know I maybe writing to some of you soon and probably have written to some of you already!!

 

I will keep my eyes and ears open and if I hear anything that maybe of interest I will let you know. If any of you have any questions I wil try help out.

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they shouldn't let any money leave the account if its not there, instead they authorise the payment and charge you £35 for it!!

 

HBoS never pays my DD's if there is insufficient funds, yet still charge me £39 for their trouble (7 days after the DD is actioned, might i add)

 

Like I said if people genuinely need help then banks should help but if people are irresponsible maybe they should get a basic account with no facilities so they can't spend money they do not have

 

I have a basic account for my direct debits, and on the occasions where i have been unable to pay in funds to cover DD's in time I am charged £39 for nothing but a letter telling me They will be STEALING £39 from me in 7 days. Until now, i have always believed these charges to be perfectly above board (after all, it's the bank, surely THEY wouldn't do anything unlawful) If they'd paid the DD's for me, then charged me £39 on top for the service, then I wouldn't really have any problem with it, as I would see it as a service charge, but, as it stands, they're fleecing me for every penny they can and I WANT IT BACK!

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Letters like this one:mad: aren't they supposed to give you 14 days notice?

 

Dear Mr *********

 

Notification of an unpaid Direct Debit / Standing Order

We haven't been able to pay the item(s) shown below because there wasn't enough money in your account.

Where we haven't paid a standing order, please don't forget to make other arrangements for this payment. If the failed payment is a direct debit, you'll need to contact the collecting organisation to see when they'll try to collect the money again.

To cover our costs, we make a charge of £39 (maximum 3 charges per day) for any item we can't pay. We will take this money from your account seven days from the date of this letter.

If there's anything we can do to help you please contact us.

Yours sincerely SIG056.gif Garry R D Kettle Manager Personal Banking Services

 

This certainly wasn't my fault, as the receiving organisation had sent me a letter stating they would be requesting £45, then requested £49, only £4, I know, but I had enough to cover the amount I was expecting to pay. Was I refunded by the bank when i explained what had happened? the answer is a resounding NO

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Letters like this one:mad: aren't they supposed to give you 14 days notice?

 

Dear Mr *********

 

Notification of an unpaid Direct Debit / Standing Order

We haven't been able to pay the item(s) shown below because there wasn't enough money in your account.

Where we haven't paid a standing order, please don't forget to make other arrangements for this payment. If the failed payment is a direct debit, you'll need to contact the collecting organisation to see when they'll try to collect the money again.

To cover our costs, we make a charge of £39 (maximum 3 charges per day) for any item we can't pay. We will take this money from your account seven days from the date of this letter.

If there's anything we can do to help you please contact us.

Yours sincerely SIG056.gif Garry R D Kettle Manager Personal Banking Services

 

Yes FSA regulations...they do!

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Yes FSA regulations...they do!

 

I think you mean the Banking Code, which is the BCSB, not the FSA. It's a voluntary code, not a formal regulation. The section you're after is:

 

"5.5 Before we deduct interest or charges for standard account services from your current or savings account, we will give you at least fourteen days notice of how much we will deduct."

 

I suspect that many banks will say that the charges we're talking about here do not qualify as "standard account services" and so do not require the fourteen days notice.

 

Hope this helps.

 

BC

Never knowingly underweight

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and FSA principal number 7, A firm must pay due regard to the information needs of its clients, and communicate information to them in a way which is clear, fair and not misleading.

this covers notice of charges, fair is not 2 or 3 days

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The principal you're referring to relates mainly to financial promotions and is not specific enough for anyone to rely on in the instance in question.

 

To remind you, when asked "aren't they supposed to give you 14 days notice?", you replied "Yes FSA regulations...they do!"

 

On this evidence monkeysputum is going to beef up his claim.

 

Please confirm, to back up your reply to monkeysputum, where the FSA have specifically stated that banks must give "x" days notice of charges. All of us on this forum would find it particularly useful if a banking professional could point to the exact regulation.

 

I suspect that you can't.

 

Regards

 

BC

 

(p.s. to observers - I'm not saying that banks shouldn't give notice - I think they should and the regulator should provide clear guidance on this if necessary. But they haven't and it's therefore dangerous for barrack-room lawyers with only a little information to give out information that you later rely on in legal proceedings).

Never knowingly underweight

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Im going to add one post to this thread as a reply to 2 minds points from earlier in the thread.

 

1) Bread to expensive - I'll bake my own then

2) Plumber to expensive - I'll fix my own pipes then

3) Bank to expensive - I'll stoire my own money then. Oh hang on I cant. The money goes into the bak from my wages. I'll ask my wages dept to pay me cash. Thats a no-no. So what can I do?

 

In the first 2 instances I had a choice. In the 3rd I dont. We are forced by our employers to use banks and the banks are REALLY making us pay for it.

 

I have a basic account with no CHQ Guarentee card and no overdraft but still my bank will add charges on because they process my cheque going out 0.00000003 seconds before my cheque coming in . So for those 0.00000003 seconds there wasnt enough to cover the cheque. If your employers process stuff they way they print on there statements I wouldnt have had my cheque bounced, which incurred the charges which sent me overdrawn which incurred more charges.

 

Tell me who is at fault there then. Well go on then!

Paul

 

Halifax Status

LBA Sent 11/04/06

1/3 offered by phone 20/04/06 - Rejected

BCT Status

Statements Recieved 31/03/06

Capital One Status

Recieved Lie/Reply 24/04/06

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It gets my goat that the banks will NOT pay an external debit of £5 if there's only £4.95 available in the account... but they're quite happy to make a charge of £35 to the same account, regardless of balance !! And yet it's supposed to be "fair and equitable". Yeah. Right.

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Don't know about anyone else but i am fed up with the judgemental attitutde of lots of bank workers. My experience (which is the same as many others from reading different threads) is that there is very little that workers can do regarding excessive charging even if they wanted to as "computer says No"!!!

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