Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
      • 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
        • Like

Dusary v Bank of Scotland


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5512 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 657
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Is the account maintenance charge there when you go OD the previous month or is it there every month even when you have had a positive balance for the whole month, if it is the latter then it could be an account fee which you cant claim for, if it relates to charges accrued then it is claimable.

If you were to claim using a solicitor and won you may not get all the costs you claim for.

Have you considered making a complaint through the FOS?

They can get your charges returned to you without the need for any court action.

  • Haha 1
Link to post
Share on other sites

If they are charged solely due to going OD it is itself a charge and can be claimed, however 2.50 a thrown is a little amount so to make sure isnt an account fee that is in respect of benefits you recieve i would suggest calling the bank to confirm.

Id agree the safest route would be through the FOS.

Link to post
Share on other sites

  • 3 weeks later...
  • 2 weeks later...
  • 2 weeks later...

Keep it simple and straight to the point.

 

Detail the date you sent the DPA request, any correspondance you have recieved and when the payment for that DPA was taken.

Then add that due to their non-compliance of the DPA you could be losing your right to claim back any older charges that could now be falling out of favour with the Limitation Act, this is obviously to the advantage of the bank and feel that they should not be benefitting from this.

Link to post
Share on other sites

Ok see where you coming from there, will get back to you on that one as that may be more difficult, i was refering to if you had been defaulted on an amount say £500 and you were claiming back over this amount in charges then the default is made up entirely of charges.

I can see your point though because if they took charges the day your loan was due to be paid therefore putting your loan into arrears and subsequently defaulting you on this basis then the default is a direct result of the banks profitting from punitive charges.

This could prove tricky and you would need to prove that the arrears were mostly or wholly due to their charges, statements etc.

If you have a case for this then you should be including this in your Prelim/LBA.

Link to post
Share on other sites

  • 2 weeks later...

Hi Dusary i know its so annoying when you cant get all your statements but remember to note the date you sent the SAR, this is important if they are failing this timescale incase some older charges are falling off through the Limitation Act, so there bad timekeeping is actually benefitting them so this cant be allowed to happen.

Hopefully you will receive them soon.

Link to post
Share on other sites

  • 2 weeks later...
  • 2 weeks later...
  • 2 weeks later...
  • 3 months later...
  • 4 weeks later...
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...