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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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can someone look at this letter for me pse? i want to send today!


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OK I got my 'go away' letter from Tommy McLean after I rejected the offer of £830 (when my claim is for £4551.76!!). How does this sound - i know a few people have had a settlement after this sort of letter has been sent. I stated in my letter last week that they had until 25th October - this is just re-enforcing it. Any advice / suggestions would be great. Thanks very much:

Dear Mr McLean

Account Number: XXXXXXXX

Thank you for your letter dated 18th October 2006. I am also disappointed that this matter has not been settled and you have failed to refund my charges of £4551.76.

As stated in my previous letter, if a full refund is not offered by you on or before 25th October 2006 I will be filing a court claim against the Royal Bank of Scotland. I will claim for my full refund plus court costs and interest pursuant to County Court Act section 69. I therefore believe it is in your best interests to settle this full amount as soon as possible before it goes any further.

I must also add that there is a £28.00 charge to be applied to my Royalties account on 28th October 2006. I must advise you that if this charge is applied then I will include this in my claim to be refunded.

I hope this matter can be settled prior to any legal action is required, however if it is not settled it remains my intention to file a county court claim on 25th October 2006.

I look forward to hearing from you.

Capital One

 

29.11.06 S.A.R - (Subject Access Request) sent

22.12.06 prelim sent - charges total £590.00

19.01.07 received offer of £164, sent refusal of offer - have until 5th Feb to respond or court action

 

RBS - claim £4451.76 ***WON***

 

03.11.06 Received letter from Tommy McLean offering full amount of £4451! Hooray!!!!!

26.10.06 received offer of £2685.00 in full and final settlement, sent refusal informing them I have filed my claim. If they do not refund by 3rd Nov I will proceed through the courts

26.10.06 filed claim with courts

16.10.06 received letter back offering £830, sent refusal, have until 25/10 to respond

11.10.06 sent letter requesting full refund within 14 days or court action

10.10.06 received statements, charges come to £4451.76!

26.09.06 sent S.A.R - (Subject Access Request)

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sounds good, the only thing I might change would be to para 4 wording

"I hope this matter can be settled prior to any legal action is required, however if it is not settled before 25 October 2006, I will file a county court claim without further correspondence/ communication with yourselves.

Something like that, just to let them know that you WILL do it and are not going to fanny about with any more letters.

 

 

Of course, it's your call.

 

j

1/9/06 RBS claim #1

8/11/06 - claim settled

17/11 claim #2 started - incl creditcard

30/11 - CC statements received

31/11 - Prelims issued - RBS paying up, only M/C to go)

 

If any of my advice/ info has been helpful, please click the scales:D

 

Please also remember that any advice is given from my own experience and in good faith as a lay person. If in doubt, please contact a qualified professional:)

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thanks very much! i've amended it now - what do you think of this one:

 

Thank you for your letter dated 18th October 2006. I am also disappointed that this matter has not been settled and you have failed to refund my charges of £4551.76.

You mention in your letter that your published tariff complies with all applicable laws and regulations. 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.

As stated in my previous letter, if a full refund is not offered by you on or before 25th October 2006 I will be filing a court claim against the Royal Bank of Scotland. I will claim for my full refund plus court costs and interest pursuant to County Court Act section 69. I believe it is in your best interests to refund me a total of £4551.76 as soon as possible before it goes any further. I am therefore giving you the opportunity to reconsider your position before I continue with the legal process.

I hope this matter can be settled prior to any legal action being taken, however if it is not settled it remains my intention to file a county court claim on 25th October 2006 without any further contact with you.

I must also add that there is a £28.00 charge to be applied to my Royalties account on 28th October 2006. I must advise you that if this charge is applied then I will include this in my claim to be refunded.

I look forward to hearing from you.

Capital One

 

29.11.06 S.A.R - (Subject Access Request) sent

22.12.06 prelim sent - charges total £590.00

19.01.07 received offer of £164, sent refusal of offer - have until 5th Feb to respond or court action

 

RBS - claim £4451.76 ***WON***

 

03.11.06 Received letter from Tommy McLean offering full amount of £4451! Hooray!!!!!

26.10.06 received offer of £2685.00 in full and final settlement, sent refusal informing them I have filed my claim. If they do not refund by 3rd Nov I will proceed through the courts

26.10.06 filed claim with courts

16.10.06 received letter back offering £830, sent refusal, have until 25/10 to respond

11.10.06 sent letter requesting full refund within 14 days or court action

10.10.06 received statements, charges come to £4451.76!

26.09.06 sent S.A.R - (Subject Access Request)

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SOUNDS FINE.

 

Get the stamp out, and good luck!

j

1/9/06 RBS claim #1

8/11/06 - claim settled

17/11 claim #2 started - incl creditcard

30/11 - CC statements received

31/11 - Prelims issued - RBS paying up, only M/C to go)

 

If any of my advice/ info has been helpful, please click the scales:D

 

Please also remember that any advice is given from my own experience and in good faith as a lay person. If in doubt, please contact a qualified professional:)

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Guest willowb

Hi there,

 

Great letter! but to speed things up for you why don't you email him instead? You have sent your LBA already haven't you? Oh but did I hear that he's not in the office? up to you anyway, you've sent a schedule of charges plus interest haven't you? just stick to your timetable.

 

Good luck

Wxx

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