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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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Speedy response from RBS


Guest BlueRuby
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Guest BlueRuby

I have read all the FAQ's and I know the Statute of Limitations is 6 years but if the account in question is closed, does the 6 years start from the date of closure or is that too much to expect! When I claimed from the RBS I only calculated charges for 3 years from 2003 when I closed the account. Was I right?

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I have read all the FAQ's and I know the Statute of Limitations is 6 years but if the account in question is closed, does the 6 years start from the date of closure or is that too much to expect! When I claimed from the RBS I only calculated charges for 3 years from 2003 when I closed the account. Was I right?

 

Six years from the date of the charge.

Please note: I give advice, in good faith, based on my reading and experience. Please satisfy yourself, that any advice given is accurate in content before acting upon it.

A to Z index

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html

 

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Guest BlueRuby

Thanks for that! But just to be clear (and sorry if I'm being dim), do you mean I can go back to 1997 - 6 years from closure of account?

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Guest BlueRuby

I sent my preliminary letter to RBS re charges on my closed account on 3rd April and received a phone message this morning saying they had received the letter and would be in touch in 5 working days! So far so good!

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Guest BlueRuby

Thanks Wintermare! That's what I did. Seems obvious now, didn't at the time!

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Guest BlueRuby

I've now had a letter from Allison Dingwall, Customer Care Team Agent! They can't find my account! I have checked and re-checked and I did give them the right account no. and correct branch. Not very confidence-inspiring is it?

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Guest BlueRuby

Phoned Alison Dingwall this morning as Alan suggested. Confirmed my account no., gave her the branch sort code and told her it had been a Royalties account and when I closed it. She still cannot find the account and I'm wondering if it was ever closed properly and is now in banking limbo!

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Guest BlueRuby

I was too quick off the blocks then! She has just phoned me to say she couldn't access the account because it was closed too long ago. She has had to order the statements and expects them early next week. She will speak to me again on Tues or Wed - that's actually the first 14-day deadline!

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Guest BlueRuby

I've just realised that Easter is in that period so presumably that gives them another couple of days grace. Also, do you count 14 days from the date of your letter or the date they are presumed to have received it?

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I'd allow them some more time (not too much). Statements are only produced once a week I believe so it may take a few days longer for her to get your details back.

What she says is true that if its been closed over a certain time ago (more than a year i think) then it won't appear anywhere on system. Give it at least til this time next week I'd say.

Good luck

(Yes I work for a bank but am here to help! Please be nice to me! :))

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I wouldn't wait - they will have had 14 days. I am sure that they won't be closing their call centre over the holiday. That means they will be ringing people up demanding that they get paid - so why shouldn't we write to them demanding that they pay up?

 

It is up to you - but I would get the LBA sent.

 

 

 

 

 

 

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Guest BlueRuby

Got a letter this morning from Simon Lamb Customer Care Team Agent.

One interesting paragraph says "We have reviewed your account for the period specified in your letter and note that there have been a total of £980.00 charges made to the account. We also note that a total of £638.04 has already been refunded in this time" (a likely story!) "Against that background, we must differ to the views expressed in your letter. Accordingly, the charges that have been applied to your account must stand."

 

I actually asked for £880 in charges (I also mistakenly included the debit interest making a total of £938.30) and I am absolutely certain that they have never never never refunded £638.04!!!!! I've found £97 refunded that's all. I've checked and rechecked my statements and I can't make these figures make sense and wonder if this is a delaying tactic. I want to send the LBA off today and wonder if I should mention these discrepancies in it or wait till I get to court! Can someone advise me please.

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It could be a delaying tactic

 

Either

Go ahead with the court action for the £880 charges applied - £97 refunded already.

or

Ask them to provide a detailed breakdown of when charges were refunded

(Yes I work for a bank but am here to help! Please be nice to me! :))

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Guest BlueRuby

Thanks so much Good Samaritan! What a good idea. I think it would be really interesting to see a breakdown of the refunds. I can't find any evidence of so much being handed back. Thanks a lot for your help.

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Guest BlueRuby

I sent the LBA today with the addition of the following paragraph:

 

"Thank you for your letter of 19th April 2006. Even after adjusting the period of the claim for time elapsed and so outside the Statute of Limitation period, I cannot match your charges to what I have found. I also cannot find any trace of the ‘total of £638.04’ which you say has already been refunded. The most I can find is £222.62 which, when this is deducted from my total of the charges imposed (£930), brings the total charges imposed by you to £707.38. As I have all my statements for the above account, I would be most interested to see a break-down showing how you arrived at these figures, a) for charges and b) for refunds."

 

Hope that's OK.

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Im not sure if this is relevant to you but when I was examining some woolwich statements for my son he told me he had been refunded 230 pounds which had been levied incorrectly, it was recorded on the accounts as cash in the credit column and not a refund.

 

This confused me for a while

 

Woolwich have on two occasions recorded refunds this way.

7 actions in progress

 

amount refunded so far £6500

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Thanks

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