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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.

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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.
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      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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bank charges or credit card charges!?


jonnyfallon

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first up, the template letters up to now have been brilliant.

 

i sent the second letter along with my schedule of bank charges on my current account and asking for a refund.

 

the letter i received in return from alliance & leicester read...

 

"The Office of Fair Trading (OFT) has commented that they consider the level of late payment charges to be unfair, however they were actually referring to late payment fees for credit card payments, which are quite distinct from a bank's charges on current accounts."

 

now, the original news report i read on unfair bank charges stated...

 

"Since January, thousands of customers have already won back more than £3.5 million and there are many more claims in the pipeline because it is illegal for banks to charge more in penalty fees on overdrawn current accounts than the costs they incure themselves."

 

and they also referred me to the consumer action group.

 

so, am i right in assuming alliance & leicester are trying their best to get out of the situation by lying?

 

or is the newspaper wrong?

 

can anyone help?

 

what would be the best response to such a letter?

 

thanks in advance.

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i have just written the following response. what do people think to it? is it a suitable response to the situation? thanks...

 

Dear M Parker,

 

Thank you for your quick response.

 

In my previous letter I asked that if you didn’t believe the charges were unfair, will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

 

I require that you respond with this previously requested information within the next 14 days, as your responses have been quick so far and the target set is more than sufficient for a large company such as yours with dedicated staff and departments.

 

Regards,

Jonathan Fallon

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to be honest i think that the letter would not benefit you.

 

if they havent sent the statements within 40 days then report them to the ico

 

if they havent refunded the money after sending the lba then file in court.

 

i would not give them any leeway.

 

lisax

if i have helped you at all click please the scales on top right!

 

ABBEY

11/4 S.A.R - (Subject Access Request) SENT OFF

1/6 LBA SENT

22/7 LETTER SENT REQUESTING THEM TO REFUND CHARGES

15/7 STATEMENTS RECEIVED (ALL 6 YEARS WORTH)

20/7 CLAIM ISSUES IN OLDHAM COUNTY COURT.

8/8 CLAIM ACKNOWLEDGED GIVING THEM TILL 21/8.......

SETTLED IN FULL!!!!!!!

 

T MOBILE i won!

16/6 Data Protection Act SENT OFF

 

5/8 t mobile have failed to comply with the Data Protection Act/S.A.R - (Subject Access Request) reques ....BRING IT ON BABY!!

7/8 LBE SENT GIVING THEM 7 DAYS TO COUGH UP MY CASH

7/9 FULL REFUND BEEN SENT!!

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Guest NATTIE

Jenny, the newspaper are wrong as they cannot seem to tell the difference between illegal and unlawful- the latter of which applies to charges. Alliance and Leicester are trying to put you off trying to claim. If you have already sent the LBA stating 14 days or I sue you then that it was you need to do as Lisa above has said.

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