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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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SolidChris vs RBoS


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Hi there, been reading the site on and off for about a month now (damnable heatwave kept me out of the attic where the computer is!).

 

Going to send my prelim letter in the morning to my branch - charges of £468 from back in 2003. Lucky i kept all the statements even though i panicked about identity theft!

 

Thought i'd best start this thread in order to keep track over the course of the claim. Wish me luck folks!

 

Chris.

RBS in my sights.

 

Prelim sent - 02/08/2006 for £468.83

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good luck? why? lol

OK I GIVE IN

 

Halifax £3600 charges, won with C/I £6400

 

NatWest S.A.R-05/06/06

Bug**r all recieved 03/11/06

Prelim guesimate sent for £3000 03/11/06

Cr*p one CONNED statements 08/06 ROFLMAO

Cr*p one charges=£976

con int 34.9% £1,003.75 £1,979.75.

 

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he means you wont need luck, as you WILL get your money back.

It's not the size of the dog in the fight, but rather the size of the fight in the dog..:D

MBNA SETTLED IN FULL £216.00

Preffered Mortgages Ltd MCOL going in for £3.5K

Nationwide £702.00, SETTLED IN FULL.

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Oh I know i will, i'm the dogged type.

But like i said - i wouldn't trust the fools at RBS to add up how many world cups England have won.

 

I'll keep y'all abreast of the situation.

RBS in my sights.

 

Prelim sent - 02/08/2006 for £468.83

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  • 2 weeks later...

Alright, 14 days from the initial letter are almost up and i've had zero by the way of a response (typical!). I'll be sending the next letter out in the next day or two - i was just wondering about a couple of stray details.

 

Does everyone use recorded delivery? I didn't for the first letter and am slightly worried that they will claim they never received it.

 

I sent it to the branch where my current account is held. Searching the FAQ's didn't seem to say anything different and i'm sure an efficient and established financial institute like RBS would be able to get the piece of post replied to in 14 days even if it went to the Timbuktoo branch. But i want to be sure this is the right thing to do.

RBS in my sights.

 

Prelim sent - 02/08/2006 for £468.83

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Guest BlueRuby
i'm sure an efficient and established financial institute like RBS would be able to get the piece of post replied to in 14 days even if it went to the Timbuktoo branch.

 

You think? :rolleyes: :rolleyes:

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I mailed both the prelim and lba to my branch, july 24th and august 8th. Heard nothing! I sent this email to tommy mclean, ccing margaret king and carol stickland on Monday:-

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxx Sort Code xxxxxx

 

I am writing to you to express my extreme disapoinment in regards a claim I have filed against my branch and yourselves.

I sent a letter requesting a refund of all charges levied against my Interest Paying Current Account on July 24, 2006. I then sent another letter requesting again all charges be refunded on August 8th. Please note that both of these letters were sent via recorded mail and both were signed for at my branch, 45 Head Street, Colchester. I have attached a copy of both letters as well as the schedule of charges for your reference. The total I am claiming is £792.00

To date I have recieved no response or even recognition of my claim. I feel extrememly undervalued as a customer and am shocked at the lack of customer service I am recieving. I have always recieved prompt and polite service from my branch and from RBOS Telephone and Internet Banking.

However, due to recent media coverage, I now believe that your charges are a Penalty, penalty charges being irrecoverable at common law. It has been held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that your charges do not reflect any actual and or real loss.

 

However, if you say that your charges are not penalties, I would be interested if you would 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 would be more than happy to receive this via email: missm

I look forward to hearing from you and to a resolution of this. I will wait for until August 22nd as outlined in the letter dated 8 August 2006 then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

Please contact me at the above address or by email.

Thank you,

MissM

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  • 3 weeks later...

Well well well - the plot thickens like a tepid cream of chicken soup. I need a bit of guidance here.

I'm fully prepared to go to court with this bad boy as i'm a little more flush than usual right now but after i sent my LBA on the 23rd August i've been confronted with this...

 

"Blah blah apologies for the non reply to your letter dated 2nd August 2006 this was due to non receipt of the original letter.

 

Blah blah our charges are fair, reasonable and transparent (stifle laughter). We are committed to ensuring the transparency of the information that we give to our customers about the operation of our products (keep stifling).

 

Against the background, we must differ to the views expressed in your letter (i know, that is their grammatical mess). Accordingly, the charges that have been applied to your account must stand.

 

I have unsuccessfully tried to contact you by phone, however if you do wish to contact me please telephone me on xxx. If i do not hear from you within the next two weeks I will assume that this matter has now been closed.

 

Thank you again for taking the trouble to write."

 

The matter is certainly not closed but as i expressed fears about earlier - they claim not to have received the original letter. Should i go ahead and move to court action or send a final letter giving them one last chance - i'd really like a moderators advice as the 14 days from 23rd August is up on Wednesday and i want to be really pro-active about this. I thought you might like the letter as a bit of a chortle at their own delusion that they have been 'fair' to me.

 

I certainly won't be contacting them via phone as i work office hours unlike those lazy types. My half hour lunch is mine and i don't give it lightly.

 

Please help!!!

RBS in my sights.

 

Prelim sent - 02/08/2006 for £468.83

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get the claim in, stal, stall, stall, they do that bit the best. GL

It's not the size of the dog in the fight, but rather the size of the fight in the dog..:D

MBNA SETTLED IN FULL £216.00

Preffered Mortgages Ltd MCOL going in for £3.5K

Nationwide £702.00, SETTLED IN FULL.

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Hiya I'd just file the claim thats the standard letter they use to reply to LBAs.

 

I stuck to all my deadlines and just received full payment from RBS!

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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