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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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davem vs Virgin One (RBS)


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Progress with Virgin One Account (RBS) to date

 

15/10 Inital Letter claiming £ £641 in Charges

17/10 Quick response from Leanne Jubb at Virgin One saying charges were fair and reasonable and rejecting the claim.

29/10 Letter before action

 

Today I get a letter dated 3/11/06 saying that the bank is going to refund my account some £305 which they have calculated by reducing each charge to £12 and calculating the difference from the amount paid. They also suggested that if I remain disatisfied I should contact the Financial Ombudsman.

 

Is this a new twist ?

 

Sounds like a response accepting the payment as a partial settlement and indiacting I intend to persue the remainder via the courts if not settled in full 14 days from my LBA ?

--

Virgin One 15/10 claimed £641

3/11 BANK PAYS £305

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  • 2 weeks later...

Update since my last post.

 

3/11 £305 "charges refund" appeared in my account

7/11 replied to V1 acepting the £305 as a part settlement and saying ill persue the rest through the courts

13/11 letter from V1 saying if still not satisfied contact the Banking ombudsman.

 

Before I start the court claim, I am am wondering if this is going to form part of the banks defense, along the line of we have charged £12 per item and the claimant did not progress through the Ombudsman.

 

Anyone got any thoughts ?? should I still go after the remaining £336 + interest and Court fees ??? Any support appreciated

 

Dave

--

Virgin One 15/10 claimed £641

3/11 BANK PAYS £305

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Hi gizmo,

 

How do I calculate the interest for the claim ??

Do I calculate interest on all the charges then take the part payment off the total of somthing else ??

 

Dave

--

Virgin One 15/10 claimed £641

3/11 BANK PAYS £305

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If you want to accurately calculate the interest, then on the spreadsheet enter each charge as £12 instead of what you were actually charged. This will give you the £336 plus the accurate amount of interest based on each charge.

 

 

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Opinions given herein are made informally by myself 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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  • 1 month later...

12th December MOCL issued for £394.35 + £50 court fees :D

22nd December Bank filed acknowledgment

09th Jan Letter from bank with cheque for full amount, strings attached being to discontinue Court proceedings without judgment and not to disclose details of setlement.

 

Inclined to accept the setlement and discontinue court action, but not willing to accept the gag conditions.

--

Virgin One 15/10 claimed £641

3/11 BANK PAYS £305

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True. I know that it is tempting to take them to court but what would you gain from it? I personally think that it is best to take the money, pay off some of your debts, therefore reducing interest etc and get on with life with a big cheesy smile, knowing you have won.

 

No doubt there are countless people who will say fight the battle, but ti appears you have acheived all that you set out to do??

 

Sugar:p

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Yeh, am going to sleep on it, but suspect I will accept it in the end :D

Still thats settelment in full with interest and court fess so can count that as a sucsess :)

--

Virgin One 15/10 claimed £641

3/11 BANK PAYS £305

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12th Jan- Settlement offer rejected.

 

Bank has until 17th to settle in full without strings or will proceed to Judgment on the case.

--

Virgin One 15/10 claimed £641

3/11 BANK PAYS £305

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