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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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JulieR v Alliance and Leicester **WON**


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Hi all

Another newbie joining the ranks of A&L disatisfied customers.

 

I have this morning recieved copies of statements and charges requested on 7th April, so just 20 days for this to be complied with, i didnt think this was to bad!

The £10 that i sent along with the request is now sitting in my account.

 

My claim is spanning over the last six years, i have just made initial notes and totals but so far the amount is 679.00 this is made up of:

 

monthly overdrawn charges 419.00

 

paid item charges 260.00

 

if someone could just clarify it is all these charges we are claming or not? i have read and re read a lot of the forums - but find the amount of information so vast my head spins with it all!!

i find it interesting(!) that these charges when applied nearly always were the reason for the acount going over drawn on subsequent occations - so just one small blip results in an ever cascading flow of charges - no wonder the banks are running.

I have my parachute ready and with the support of this group will take it all the way.

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They are both valid claims for you.

 

Some banks have different terminology, I think your's refers to charges for failed Direct Debits / Standing Orders etc, and for overlimit charges.

 

Claim the lot.

 

Ooops, nearly forgot - A VERY BIG WELCOME TO THE FORUMS !!!!!

..

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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  • 2 weeks later...

thanks for the welcome and continued advice guys!

I have just sent off my request for repayment - i hope my next post is to say that i have got a cheque for 737.50!!

 

anarchist, i so hope you spend that wisely on lots of fun things!!

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  • 2 weeks later...

hi all.

well unfortunatly the letter i recived did not include a cheque it was just a standard reply from A&L sayjing how very sorry there were to learn of my dissapointment with the service i have received! (yea we know) this was from Liz Larkin and she kindly enclosed a complaints procedure leafet (have we thought about buying shares in the printers they use?) anyway, i digress lol

i have used the template spreadsheet and the sums are £847 of charges taken and the interest is £248 - that will cover my holiday in Cyprus this year! after of course i have donated!!

 

i dont know if this has been broadcast before but theres this site that will help you calculate the days between charges made and the date to which your claiming.

 

http://www.timeanddate.com/

 

 

i still have collywobbles about ending up in court, but this is now tinged with more excitement and glee at winning!

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Have you sent both letters then? The Prelim and the LBA?

 

Don't mention interest until you actually get to the court stage, but if that's where you are, then the best of luck to you.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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have sent the request for copy statments and charges - got those - sent the requet for repayment! now sent the notice before action -

 

is this right!! i have been reading the posts and FAQ etc at each stage!

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Yes, that's correct. Just don't mention 8% interest in your letter - that waits until court.

 

John

..

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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thanks for that Jonni

i have re read the letter and think i made a boob, i thought the paragraph where charges are stated included the % but its interest they have charged me not the intrest on the charges i have paid??

i will amend the letter tomorrow, many thanks again

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That's right

..

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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thanks Neil

just an update on where i am at - the letter before action letter has been sent recorded delivery and would have been recieved this week - however today i recieved a further responce to my letter requesting repayment - basicly states that they are sorry i am unhappy bla bla how important it is that customers keep there account within authorised limits bla bla bla - re the OFT ruling it reffered specifically to credit card default charges and in the future they may have to participate in the ruling in future. They do sympathise but are confident they acted correctly bla bla bla - they hope the matter is drawn to a close but do enclose a copy of the compliants leaftlet - (thats two i have now- should we have a compertition to see who gets the most leaflets)

As i have sent my letter before action, and it would have crossed in post i dont need to send another do i? or would it be prudent to say thanks for the letter but my further letter before action stands?

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Do nothing else, just wait for the response from the LBA or the 14 day deadline.

..

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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received today a letter of acknowlegement to my 'before action letter' - they recon they will send me a full responce within 28 days - they only have a week till i take court action!!

 

i was just wondering (and i did go through FAQ's first) i thought i had read on someones thread that they sent a letter saying thanks, but the 14 days notice of my letter stands -

 

yes or no? and should i, or just go for court action as the time runs out?

 

 

 

great show last night - what a revelution!!!

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Just stick to the deadlines you've set - give them 14 days then proceed on to the next stage.

 

No need to send any interim letters.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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  • 2 weeks later...

hello folks

i have today filed my claim 6QZ40210 - just sit and wait now then!!

 

i have also started claims against MBNA & Barcleycard - and then once all this is done my current bank of first direct owes me a £100- but will wait to see how the rest pans out first!!

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Well done

 

You now have your very own thread in LITIGATION IN PROGRESS :D

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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just to add i have had letter off A&L enclosing a copy of acknowledgement of service that they filed.

 

It is signed from the 'litigation team' is this a whole new section that they have had to set up??? lol

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Hi Julie

 

Glad all is going well, i just have a question about the overdraft charges you are claiming for,

 

are you claiming for the "Monthly Overdraft Charge" (£5 per month but was £25 before 2004)

 

or just the "Auauthorised Overdraft Charge" (£25 per Day 2 & Day 5 etc.)

 

As i have lots of £25 monthly overdraft charges (before 2004) but cannot work out if it is just a charge for having my overdraft & using it, or if it is a penalty

 

Regards

 

NinjaWiz

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Well done Julie,

watching your post with interest now as 20 days have lapsed since I requested copies of last 6 years statements. Yes I know still another three frustrating weeks before I can do anything about that should they fail to arrive! However, my £10 cheque was cashed within the week, so here's hopeful they are going to be as expeditious with my statements! Looking forward to this - must be in the thousands!!!

Please continue to keep us all updated!

regards

Holte41

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Hi Julie

 

Glad all is going well, i just have a question about the overdraft charges you are claiming for,

 

are you claiming for the "Monthly Overdraft Charge" (£5 per month but was £25 before 2004)

 

or just the "Auauthorised Overdraft Charge" (£25 per Day 2 & Day 5 etc.)

 

As i have lots of £25 monthly overdraft charges (before 2004) but cannot work out if it is just a charge for having my overdraft & using it, or if it is a penalty

 

Regards

 

NinjaWiz

 

hi Ninja

i have claimed for all the amounts (25 - 30 - 35 ) where the bank have charged me amounts for going over drawn and or paying DD's or refusing DD's/Cheques - we can not claim for the amount that the bank charges for overdraft fee's, i.e/ £5 per month for having an over draft facility - i hope this is right, but if not sure as god made little green apples a correction will apear shortly after (*_*)

 

thanks guys

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Well done Julie,

watching your post with interest now as 20 days have lapsed since I requested copies of last 6 years statements. Yes I know still another three frustrating weeks before I can do anything about that should they fail to arrive! However, my £10 cheque was cashed within the week, so here's hopeful they are going to be as expeditious with my statements! Looking forward to this - must be in the thousands!!!

Please continue to keep us all updated!

regards

Holte41

 

welcome Holte - have you opened your own thread so we can track your story?

 

i have to say, in my limited experiance so far, A&L have not been to bad in keeping to the time limits - i am watching my bank account now for a deposit -

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Yes I do have a thread started (The Holte41 v A&L), but being a few steps behind you am interested to note yoru progress, timescales and responses. I just wish I had discovered this site months ago!!! (Dont we all)!!!

Good luck and best wishes

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it gives me GREAT pleasure ladies and gentlemen - to announce that A&L have today forwarded my good self a cheque for 1221.61p.

 

They reviewed my particular and case and have decided in this instance to settle the claim.

 

Of course ladies and gents, they are not admiting any liability nor is it a sign of weakness as they consider the charges to be fair.

 

But as i do not accept the terms and conditions blar blar blar they will be contacting me shortly to discuss its future opertation.

 

Next stop for me is the donation page - thank you all so so much, keep up the incredible good work and good luck to the rest of the claimaints.

 

now i can decorate my new kitchen!!!

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