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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
      • 160 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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nosnewois V RBoS


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Hi folks,

 

I claimed back £420 last year no problem from the RBoS but now im tying to retrieve charges for my OH's account(£1800) and our joint account(£600). I have recently recieved the standard letter informing me of the stays due to the test case.

 

Im at the stage of sending the LBA letter and ive got a few Q's before i go ahead with it. I want to send the letter with the reduced settlement fee btw.

 

In the letter it states:

"proportionate to your costs, and therefore the [iNSERT NAME OF COURT] court will rule in my favour."

Can i choose any court? Im situated between Edinburgh and Haddington, which one is preferable for this type of case?

I think i will offer to settle for 25% less on as this is what was recommended on another thread.

 

Any advice would be much appreciated.

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  • 1 month later...

I handed in my small claims summons forms to Haddington sheriff court yesterday for both my bank charge claims.

The woman i dealt with was very nice and even waved the charge for photocopying the forms smile.gif

However, when i asked if there was anywhere i could get details of previous bank charge reclaiming cases she told me that it wasnt possible for them to release any infomation, even with regard to the outcomes, to do with the cases as it would be against the claimant/defendants privacy. She also informed me that every individual case is different so it wouldnt help anyway.

 

Whats your guys oppinion?

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Hi, nosnewois.

 

Have you had a look at the successes......

 

http://www.consumeractiongroup.co.uk/forum/rbs-bos-successes/

 

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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  • 1 month later...

I've recieved a letter from the court saying:

"I refer to the above action and advise that the defenders have lodged an intention to appear and therefore the case will call in court on mon 28th april"

 

Does this mean that they will defend the case or is this a standard letter from the court and the bank are more than likely to apply for a sist?

 

Should i prepare to appeal against a sist or should i expect to be aguing whether the bank charges are lawfull or not?

 

I ask because the bank sent me a letter last week informing me they would automaticaly apply for a sist. Could this mean they did apply but the sist was rejected?

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Does this mean that they will defend the case or is this a standard letter from the court and the bank are more than likely to apply for a sist?

 

This will be an application for a sist. Most cases are now sisted.
I ask because the bank sent me a letter last week informing me they would automaticaly apply for a sist. Could this mean they did apply but the sist was rejected?
No. The application has to be heard by the sheriff at which point you will have the opportunity to argue against a sist being applied.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally 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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