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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
      • 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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what should i do next *** WON ***


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Hi this is my first post. I have already sent my first letter to RBS stating the amount of money owed to me. This was sent on the 8th November.

I have received a letter today, which is as follows.

 

 

Thank you for your letter of 8th November and I apologise for any dissatisfaction caused by the application of charges to your account.

 

 

We believe that are charges are fair, reasonable (this coming from a bank that charged me £152 for two unpaid items :-x ) and transparent. We consider that the amounts debited to your account have been applied strictly in accordance with your agreement with us and our published tariff, which we are satisfied, complies with all applicable laws and regulations. We are also committed to ensuring the transparency of the information that we give to our customers about the operation of our products.

 

Against that background, we must differ in the views expressed in you letter.

 

However, we have taken the opportunity to review the charges applied to your account and as an exceptional matter we are prepared to refund £711 (the total owed to me is £3255) as a gesture of goodwill. Acceptance by you of this payment will be a full and final settlement of all claims you may have relating to our charges.

 

I no longer bank with RBS so have no worries about the closing my account. They have also severed my account with a default notice which I asked to be removed in my original letter them.

 

Should I accept this offer??

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this is the responce i am sending. dose anyone think is needs changing

Thank you for your letter dated 18/11/06

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £ 3255.24

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

My letter previously indicates that you have 14 days comply fully before I commence a claim against you for the full amount, plus interest and cost. You are reminded that there will be no extension to this timescale.

 

I trust this clarifies my position.

 

 

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Got a phone call from my local branch on Saturday saying if I was not happy with the offer to contact them and the would pass the complaint on to customer relations, which seamed a bit odd to me. Anyway have sent rejection letter so I guess I will have to wait and see what RBS come back with.

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Don't get into conversation with them regarding this, if yu have followed the guides for the content of the LBA etc. there is no need to entertain conversations with any one. Stick to your timeline, when the time comes file with MCOL and sit back and wait! Sounds like you have the plan sorted...

__________________

HSBC £3829.00 Prelim letter sent 17/7/06 :wink:

£1996.00 Offered 9/8/06 :rolleyes: .. See you in Court!

MCOL Filed 15/08/06 :)

DG response asking for info 8/9/06

 

RBOS S.A.R - (Subject Access Request) sent 12/07/06 :cool:

Prelim letter sent 29/8/06 £2552 requested!!!

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The only communication I want is in written form. They rang and spoke to my wife. I have been down similar line with student loans. They agreed to sort things out over the phone then never did. It took me three years to sort that one out and also got MP’s involved.

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Ok a bit of an update on where I’m at with this.

Sent prelim letter 8th August. Got a reply from RBS saying we will give me £ 711. Rejected this offer on the 17th November and have heard nothing since.

The dead line for compliance is 30th November. So LBA letter is the next stage for me. Which I need to start putting together.

There are two things I need help with.

1 In the prelim letter I didn't send a schedule of the charges, but RBS haven't asked me for it so guess there are just hoping I will go away.

2 In the LBA letter do I include the 8% interest?

3 The RBS show on my statements that they have default me but when I got my credit report for experian it is not shown. Dose anyone know which agencies RBS use?

4 Should I still continue to ask for the removal of the default if it is not showing on my credit report?

Ops did I say two things. Your help will be and is much appreciated.

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1 In the prelim letter I didn't send a schedule of the charges, but RBS haven't asked me for it so guess there are just hoping I will go away.

 

1. Send one now.

 

2 In the LBA letter do I include the 8% interest?

 

2. Only include 8% if/when you file a claim

 

3 The RBS show on my statements that they have default me but when I got my credit report for experian it is not shown. Dose anyone know which agencies RBS use?

 

3. Get your report from Equifax and CallCredit too

 

4 Should I still continue to ask for the removal of the default if it is not showing on my credit report?

 

4. Yes as it may be on Equifax or CallCredit

Ex CAG helper ^_^

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Cheddar Thanks for the replies they are great help.

I have been reading through other threads and getting the sinking feel of being in way over my head:-( . So thanks again for the help.:D

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If you go here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html and click the link to the spreadsheet you want it downloads and opens in excel with no problems.

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how do i work out the intrest. i am trying to put together my LBA letter and want to get this right

 

this is my prelim letter

Since May 2003, you have charged me for unpaid items, card misuse, exceeding overdraft limits and also a default notice fee. It has come to my attention that this is unlawful at common law, and under statute and recent consumer regulations.

 

In the terms of the contract which you agreed to at the time that I opened my account, it is implied that you will conduct yourselves in a manner which complies with UK law.

 

Unless you can prove that they merely cover your administrative costs, I require full repayment of these charges, which I calculate at £3178 plus interest of £77.24.(calculated conservatively) The total is £3255.24. I also ask you to remove any default notices on my credit record that are related to these charges. A correction or amendment to the entries is not acceptable.

 

If you do not comply fully within 14 days, I shall begin a claim against you for the full amount, plus interest and costs.

 

Yours faithfully

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I think you should use the template letter and add anything relevant to it. It is a tried and tested template (excuse the alliteration) that says everything you need to say.

 

I assume the interest that you are, um, interested in, is the overdraft interest? I found this so hard to apportion that I haven't even bothered with it. However you might like to follow the current trend and demeand contractual rate of interest (anything from 16.9% to 29.84% depending on how brave you are) which can be applied using one of Vampiress's splendid spreadsheets here VAMPIRESS'S CHAMBER OF "CONSUMER ACTI....

 

You should place a statement in your court documents (if it gets that far) that you are claiming contractual rate under the principle of 'mutuality and repricocity' - it's all covered in several threads around the forum - but also that should the court not find this applicable then you are claiming the stat. 8% as allowed (thereby covering your bases).

 

The reason I'm saying all this is that you need to tell the bank from the outset that you are claiming contract interest and if you haven't done prelimyet it might be worth thinking about.

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I think you should use the template letter and add anything relevant to it. It is a tried and tested template (excuse the alliteration) that says everything you need to say.

 

I assume the interest that you are, um, interested in, is the overdraft interest? I found this so hard to apportion that I haven't even bothered with it. However you might like to follow the current trend and demeand contractual rate of interest (anything from 16.9% to 29.84% depending on how brave you are) which can be applied using one of Vampiress's splendid spreadsheets here VAMPIRESS'S CHAMBER OF "CONSUMER ACTI....

 

You should place a statement in your court documents (if it gets that far) that you are claiming contractual rate under the principle of 'mutuality and repricocity' - it's all covered in several threads around the forum - but also that should the court not find this applicable then you are claiming the stat. 8% as allowed (thereby covering your bases).

 

The reason I'm saying all this is that you need to tell the bank from the outset that you are claiming contract interest and if you haven't done prelimyet it might be worth thinking about.

 

thanks hydra. just so i have it straight i can claim contractual interst in court if i get that for but don't put that in my LBA letter?

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This is the LBA letter I am going to send. I would be grateful if some one could read through it and let me know if this is ok to send or if I should change it.

Dear Jenny Eastham

ACCOUNT NUMBER:

I am very disappointed that you have failed to respond to my rejection letter of the 20th November 2006.

I now understand that the regime of ‘fees’, which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth, are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract that you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner that complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £3178 that you have charged me in exceeding overdraft limits, unpaid D/D’s, card misuse.

Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity’s caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

I require repayment in full of this money and removal of the default notice. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 plus my costs and without further notice.

Yours faithfully,

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