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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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I have reached (almost) the end of reasoning with RBoS

Complaint about charges etc being rejected (you've seen the standard format of their letter) and I have been advised that summons should be sent to their Edinburgh office.

But, the on line court service says only England and Wales, so can anyone advise please.

Also, has anyone actually been to court with them yet?

 

Thanks

 

Chris

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I am at the point of suing RBoS.

I incurred charges due to a job change from monthly to weekly pay, and so direct beits etc sometimes missed by a day or so, told branch etc, but still got caned

Wrote to branch in Feb 2006 expressing unhappiness, and this and succesive letters ignored which apart from being rude is very unprofessional.

Eventually contacted Tommy Mclean at Edinburgh, who is giving me the run a round, saying charges are not penaltys, despite my outlineing OFT and CCA to him

Also says that I must issue CC docs to Edinburgh, and as I live in England, suggests a conflit of service ( Thanks for advice on that)

I intend to issue against branch (Chichester West Sussex)

They are denying and daring me, so I shall watch the June case with interest

 

I am claiming about £500.00 in improper charges

 

Great and helpful site, the B******* have been taking for too long

 

Chris

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Good work - and good luck

 

We're watching :D

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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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  • 2 weeks later...

Seem to be getting a bit of a further run around from the Tommy Mclean in Edinburgh

Conceeded that I can issue a Bluey to local Branch, the interesting observation is " all our branches are aware hoew to handle claims" That makes me think that they are perhaps bracing for the storm.

 

Also,I asked if the Bank considered charges leveed to be Penalty charges , Response " We do not regard our charges as penalty fees Following the oFT investifgation into Credit Card default fees etc, We have responded to the OFT befoire the deadline of the 31st May and await there comments on our response along with that of other banks"

 

i WONDER IF THIS IS PERHAPS A BIT OF GUILTY CONSCIENCE?

 

Chris

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  • 2 weeks later...

I am probably being very dim, and I am, as I have mentioned been getting the run around from Mr MacLean in Edinburgh

His contention is as always, that their charges are legal.

 

I have quoted Consumer Credit Act and OFT Regulations to him but to no avail

Can anyone exactly define whether the OFT Rules are fully legal and enforcable, or only guidelines?

 

I saw as probably did evrybody hat excellent Trevor MacD programme the other night, but I would be grateful for a little hand holding at this moment on the enforcability of OFT and CCA

 

Has anyone actually been to Court yet with RBS?

 

 

Many thanks

 

 

Chris

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Ok, a few things.

 

First, can you please keep to one thread for your claim? It makes your story very difficult to follow when we have to chase yourposts round the forum. I have now merged them all on one thread.

 

Second, they have now been giving you the roundaround since FEBRUARY. At what point do you think you should stop, take a deep breath and sue the pants off them?

 

Stop worrying about the OFT, the CCA, and other acronyms. At this point, the one important acronym should be this: MCOL. MoneyClaimOnLine. HERE

 

No, no-one has gone to court with RBS. Or RBOS. Or HBOS. NO! Because, so far, they have ALL SETTLED OUT OF COURT.

 

Look, I know you're scared. But until you take your courage with both hands and show them you mean business, they will hang on to your money until you give up!

 

Get angry. hell, get angry with me for being mean, I don't care! I do care that those asswipes should stop p!ssing you about. I do care that they are playing with your head and your life.

 

Now go get them.

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Thank you for your encouragement, and apologies for thepostings, I am not overly skilled in forums.

 

Right, I will get the 6 years statements at a cost of £5, ( and add this to the bill) and issue a Summons PDQ, I am sure you are right, they are off course hoping I will get bored, run out of steam etc

 

Many thanks

 

Chris

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  • 2 weeks later...

Hope I am posting this correctly, apologies if in error

 

Have faxed the ubiquitous Tommy in Edinburgh requiring last six years statements, gave them 14 days, ( due up end of next week to provide), or I would issue the summons based on an estimate.

 

On another matter, my branch totally cocked up an instruction to change date of a standing order, and cancelled it !

Wrote a strong letter outlineing their ineptitude, and failure to understand a clear instruction. Today had a call from a rather nice lady not at branch, apologising, confirming AND asking if I had been put to any costs due to the cock up, Do you get the feeling that kid gloves are being used and a worried bank?

 

Thanks to all encoragement and reading other tales, I am really going to get these thieving B******

 

I have baked with them from 1972, Glynn Mills, and then Williams and Gynns and then RBoS. Obviously long term loyalty counts for zilch

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Well, received the copy statements today and bought a new highlighter!

Just a question on what I should be totting up

1. Obviously all referral charges

2. Generally listed as charges on the statement

3 Interst listed for each month from statement

4 Service charge?

5. Royaltys Gold account fee not relevant

6. Court charge when known

7.Incidentalls incurred

 

Please confirm/advise if anything I should or should not be including

 

Many thanks

 

Chris

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I have just passed a while going through statements over the last six years and have totted up £720 in "referral charges

 

I am unsure however whether to add to this the "Service and Maintenance charge" which is listed for each month, not sure exactly what this covers can anyone advise if a) I should add this, which is 71 x £20 = £1420

 

Also, I presume I should also add interest on the amount(s) for the whole of the six year period plus any expenses and court costs?

I would appreciate any final advice, HMCS web site beckons !

 

Chris

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OK, I dont feel very charitable, but its a sound idea to show reasonableness

 

Faxed a letter and a schedule of charges excluding interest and court fees etc to dear Tommy and Branch, and backed this up with recorded delivery letters saying that refund to be into my account by 5pm Monday 10th July, or Summons would be issued forthwith and include interest and court charges

 

We shall see!

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I may have missed something here, but wasn't that your 1st request for repayment?

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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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No,

My first contact with Branch at Chichester about this was a generalisation in February, and after a week a phone call and letter promised that it would be investigated and a response within two weeks.

Then, the Grand Silence from Chichester despite several letters from me getting angrier and angrier at this slovenly attitude.

Finally put in a complaint vis web site and have had the pleasure (!) of Mr Tommy, who as we all know repudiates any who dare to question.

 

Ihave been spurred into action on this and requested the 6 years statements, which I have gone through and after a suggestion here today, I have written to the Bank and given them 14 days to repay £740 orI will issue summons for this amount, plus court fees and interest.

 

So a rather protracted affair, caused by the terrible behaviour of branch

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I think it depends on what precisely you have already written in the previous letter(s) as to whether or not you should be going to the LBA stage now.

 

If you had used our templated letter, then fine.

 

Do you still have copies of those? Can you post details now?

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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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Okey dokey :D

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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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Well, both recorded delivery letters have arrived at Branch(Chichester) and The Forthstone Edinburgh so we shall wait

 

Intersetingly, my branch sent me a letter today, addressing some of the related and other points that formed the bulk of correspondance from February, not all answered of course, and they have given me the Transparent nonsense.

 

Cant understand why they ignore letters, and take so long, quick of the mark when they want something done !

 

A point, do you suppose the good people FROM the Banks |(various) read thise pages? Hope it makes their corporate hearts bleed

 

Will advise progress, but a final question on interest calculation, I have seen the calculatorhere, but do I add 8% to the final total, or first amount plus 8% add second and 8% ie compound ? please advise best way to calculate

 

Many thanks

 

Chris

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  • 2 weeks later...

Well, an acknowlegement from the wonderful Tommy, I wonder is he the same sort of person as the mystical Tom Champagne of Readers Digest offers?

Anyway, a well crafted polite response thanking me for making my observations, and that obviously we shall not agree, and sorry to hear I am contemplating legal action etc etc, heard it all before, and that I should, if I am going to do so issue to the address below, which is in Scotland ! and I am in England!!!

As my branch seems staffed in a parallel universe, ie a letter printed and dated 2nd June, and posted on 26th June !!!, I shall isuue to them at Chichester

 

Fight the good fight !

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Chrisjbc,

 

sounds like you are one of many just about to start MCOL proceedings against RBOS, once I get back onto Digital Banking I will check the latest state of play and get straight on the MCOL site, BRING IT ON!!!:smile:

RBS, why don't you just make sure these are authentic claims and pay up before going to court, you would save on solicitors charges, interest and court costs....Doh:p

 

Chrisjbc, see you around and good luck!

BC

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

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There is often a lot of confusion regarding interest - not least because there are effectively 3 types that are referred to....

 

1) You can claim for the interest that the bank applied to your account solely due to the charges, i.e. NOT for general interest which occured simply because you had gone overdrawn.

 

This, in my book anyway, is more complicated to work out because you should ideally know what APR they charged you for general overdraft rates and for 'over limit' rates - unless, of course, you are one of the 'lucky' ones whose statements break this figure down for you.

 

It can also be argued that by not claiming this (possibly much smaller) figure, that you are allowing the bank an amount you consider IS proportionate to the costs it incurred dealing with your failed Direct Debit / Cheque etc etc.

 

If you had to face the enemy in court, you would at least have an arguement to show you have allowed for actual cost. Remember though, you do not have to give them it.....

The choice is yours........

 

2) If your case gets to the stage of court action, AND ONLY IF IT DOES, then you may claim 8% interest on each and every charge made - this is also from the DAY the charge occured.

Use the spreadsheet in the FAQs (or the online calculator) which works this out for you - very simple indeed.

 

3) Additionally, we can claim interest on a daily basis from the time the court case is started until settlement.

 

There is also a calculation for this in FAQs.

 

If you don't understand these, it is VITAL that you spend more reading through the FAQ section. You are either about to, or have already started, a legal process to recover funds from a large financial institution - do not do so lightly - even if the evidence suggests that it is an easy process.

 

Good luck...!!

..

.

 

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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  • 4 months later...

Having not messaged for a while, an interesting development.

Tommt, after many many denials of refund etc has, in response to a recent letter in which I made him aware that many settlements were being made, including under his own name ( infor from here) has offered me some £538 from a total of £926 in full and final etc, and an observation that any further charges will be valid !

 

Written to him, "Without Prejudice" saying that I want the lot, but wiould consider accepting this %38 as a part payment and issuing a CCS for the balance plus costs and interest. Also, I said that I wanted settlement in the form of a Bankers cheque made payable to a name to be supplied, or transfer to a.n.other bank account, Why should I allow them to just reduce my overdraft when they have taken the money from me and caused a spiral of charges?

 

Will let you know what he says

 

Posted this as a new thread, as my original was a long time ago

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