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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
        • Like

Ewan v RBoS


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DPA Letter to be hand delivered to head office post box in Edinburgh tonight, no idea how much they've taken from me though!

 

No holding back whatever the amount :)

RBoS:

Student Current Account: £300

Current Account: £100

Total = £400

 

  • Statements requested 3/4, Received 26/4.
  • Pre-lim letter sent for both accounts 29/5.
  • 'Bugger-off' reply received 7/6.
  • LBA Hand delivered to Branch Manager 9/6
  • Reply received and ensuing email conversation terminated 21/6.
  • Claim Filed with Edinburgh Sheriff court 27/6.

  • Return Date is 01/08, Hearing Date 08/08!
  • Letter REcieved 2/8 offering £280, Declined.
  • Phone call same day offering full amount + fees.


RESULT!!

 

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Too funny!

 

I rode down to the HQ after work tonight to hand deliver my DPA, couldnt find the letter box anywhere! :confused:

 

Ill have to leave it to Mr Postman.

RBoS:

Student Current Account: £300

Current Account: £100

Total = £400

 

  • Statements requested 3/4, Received 26/4.
  • Pre-lim letter sent for both accounts 29/5.
  • 'Bugger-off' reply received 7/6.
  • LBA Hand delivered to Branch Manager 9/6
  • Reply received and ensuing email conversation terminated 21/6.
  • Claim Filed with Edinburgh Sheriff court 27/6.

  • Return Date is 01/08, Hearing Date 08/08!
  • Letter REcieved 2/8 offering £280, Declined.
  • Phone call same day offering full amount + fees.


RESULT!!

 

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  • 4 weeks later...

Statements arrived!

 

Pens at the ready!

 

GO!!

RBoS:

Student Current Account: £300

Current Account: £100

Total = £400

 

  • Statements requested 3/4, Received 26/4.
  • Pre-lim letter sent for both accounts 29/5.
  • 'Bugger-off' reply received 7/6.
  • LBA Hand delivered to Branch Manager 9/6
  • Reply received and ensuing email conversation terminated 21/6.
  • Claim Filed with Edinburgh Sheriff court 27/6.

  • Return Date is 01/08, Hearing Date 08/08!
  • Letter REcieved 2/8 offering £280, Declined.
  • Phone call same day offering full amount + fees.


RESULT!!

 

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Going through them I'm finding a few entiries like this:

 

CHG TO 01APR A/C 1020xxxx -£10.00

 

But when looking back to that date I see nothing, I was expecting this to be a £10 service charge for going above my overdraft, but when traveling back to the date I see nothing that would have caused me to go into it (and no other associated charge). Weird!

 

I take it I can claim for this? I have no idea what It was for though.

 

edit, they are are always next to an entry taking interest for the same period. Any ideas?

 

edit 3,

rang bank, girl couldnt go that far back, but she thinks its from me taking cash out of the wall over the weekend and going over that way.

 

Im assuming I can claim this?

 

edit 2, this seems to be an almost monthly occurance! Could it be some kind of charge they were supposed to be taking that I never noticed? this is a student account and I didnt pay much attention to my finances at that time...

 

I cant tell if i was over my overdraft or not at the time (as it went up so many times, it doesnt tell me what it was at the time), I was always really close to it.

RBoS:

Student Current Account: £300

Current Account: £100

Total = £400

 

  • Statements requested 3/4, Received 26/4.
  • Pre-lim letter sent for both accounts 29/5.
  • 'Bugger-off' reply received 7/6.
  • LBA Hand delivered to Branch Manager 9/6
  • Reply received and ensuing email conversation terminated 21/6.
  • Claim Filed with Edinburgh Sheriff court 27/6.

  • Return Date is 01/08, Hearing Date 08/08!
  • Letter REcieved 2/8 offering £280, Declined.
  • Phone call same day offering full amount + fees.


RESULT!!

 

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have charges at £10 a month which comes through as a "maitenence charge" - if your account is a route 21 account then you would have a greed to it at the time you opened the account. Don't know if you can claim it back though - I shouldn't think you can.

 

Good luck!

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I dont think its that, theres no mention of maintenance, there was a gap between april and noveber where no charges were taken, and its a student royalties account.

RBoS:

Student Current Account: £300

Current Account: £100

Total = £400

 

  • Statements requested 3/4, Received 26/4.
  • Pre-lim letter sent for both accounts 29/5.
  • 'Bugger-off' reply received 7/6.
  • LBA Hand delivered to Branch Manager 9/6
  • Reply received and ensuing email conversation terminated 21/6.
  • Claim Filed with Edinburgh Sheriff court 27/6.

  • Return Date is 01/08, Hearing Date 08/08!
  • Letter REcieved 2/8 offering £280, Declined.
  • Phone call same day offering full amount + fees.


RESULT!!

 

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Got a clear answer from the bank, its from slight going over the overdraft limit not actually on the date mentioned, but in the period (a month or so) before that.

 

Each time it was £1-5, and paid off the next day. Danm that makes me mad!

 

Preliminary count of charges is £300 for my sutdent royalties acc. I want it back!

 

edit,

 

Total £300 student acc,

 

£100 personal acc.

 

RBoS, your in my sights to the tune of £400.

RBoS:

Student Current Account: £300

Current Account: £100

Total = £400

 

  • Statements requested 3/4, Received 26/4.
  • Pre-lim letter sent for both accounts 29/5.
  • 'Bugger-off' reply received 7/6.
  • LBA Hand delivered to Branch Manager 9/6
  • Reply received and ensuing email conversation terminated 21/6.
  • Claim Filed with Edinburgh Sheriff court 27/6.

  • Return Date is 01/08, Hearing Date 08/08!
  • Letter REcieved 2/8 offering £280, Declined.
  • Phone call same day offering full amount + fees.


RESULT!!

 

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  • 2 weeks later...

Well, prelim letter was sent, reply due june 12th. Are they likely to just ignore my letter and claim ignorance? What should I do in that case? I didnt send it recorded delivery so they may try and pull 'the posty burnt it' trick.

RBoS:

Student Current Account: £300

Current Account: £100

Total = £400

 

  • Statements requested 3/4, Received 26/4.
  • Pre-lim letter sent for both accounts 29/5.
  • 'Bugger-off' reply received 7/6.
  • LBA Hand delivered to Branch Manager 9/6
  • Reply received and ensuing email conversation terminated 21/6.
  • Claim Filed with Edinburgh Sheriff court 27/6.

  • Return Date is 01/08, Hearing Date 08/08!
  • Letter REcieved 2/8 offering £280, Declined.
  • Phone call same day offering full amount + fees.


RESULT!!

 

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Speak of the devil and he shall show!

 

Tommy Mclean has signed a bit of paper with my name on it :O

 

Usual letter... although... "no evidence of default fees being applied to your account in the last year.. if there are specific fees prior to that date you wish to challenge then provide details and we will investigate"?

 

Hmm, its your bank mate, you do the investigating, I'll be sending you an LBA post haste.

RBoS:

Student Current Account: £300

Current Account: £100

Total = £400

 

  • Statements requested 3/4, Received 26/4.
  • Pre-lim letter sent for both accounts 29/5.
  • 'Bugger-off' reply received 7/6.
  • LBA Hand delivered to Branch Manager 9/6
  • Reply received and ensuing email conversation terminated 21/6.
  • Claim Filed with Edinburgh Sheriff court 27/6.

  • Return Date is 01/08, Hearing Date 08/08!
  • Letter REcieved 2/8 offering £280, Declined.
  • Phone call same day offering full amount + fees.


RESULT!!

 

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  • 2 weeks later...

Had another letter from Tommy Mclean:

your complaint regarding charges has been passed to me from your branch, given that i had responded to your earlier letter.

 

I know that your branch has ordered statements to allow you to highlight which specific charges you wish to challenge. When you receive these, please let me know the details of those charges and i will be pleased to investigate.

 

Tommy.

 

Hmm, bit strange? I did hand in the printed out spreadsheats with my LBA, maybe the bank didnt send them on to Tommy? Is this my problem? Shall I email him a copy of them and remind him the clock is ticking?

 

Hmm, no email address for him.

RBoS:

Student Current Account: £300

Current Account: £100

Total = £400

 

  • Statements requested 3/4, Received 26/4.
  • Pre-lim letter sent for both accounts 29/5.
  • 'Bugger-off' reply received 7/6.
  • LBA Hand delivered to Branch Manager 9/6
  • Reply received and ensuing email conversation terminated 21/6.
  • Claim Filed with Edinburgh Sheriff court 27/6.

  • Return Date is 01/08, Hearing Date 08/08!
  • Letter REcieved 2/8 offering £280, Declined.
  • Phone call same day offering full amount + fees.


RESULT!!

 

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OK I have an email address now, I rang the number on his letter and got a collegue who gave me Tommy Mclean's address. It is [email protected] .

 

Here is a draft of an email I will send, can anyone add any strong worded improvements?

Dear Mr Mclean,

 

I received your letter dated 14th of June and note that you say you require specific details of the charges I am disputing. I included these details in the form of a printed database with my last letter. The letter was passed to the branch manager, who should have given you all of the sheets. I have attached another copy of the data.

 

Can i also remind you that I require repayment in full of this money. If you do not comply fully before the 19th of June then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

Yours faithfully,

 

 

OK I ended up sending this:

 

Dear Mr Mclean,

 

I received your letter dated 14th of June and note that you say you require specific details of the charges I am disputing. I included these details in the form of two printed databases with my last letter. The letter was passed to the branch manager, who should have given you all of the sheets. His failure to do so is not my concern, and my deadline stands. I have attached another copy of the data so you can proceed with your investigation.

 

Can i also remind you that I require repayment in full of this money. If you do not comply fully before the 19th of June then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

Yours faithfully,

 

Im right in thinking that email is seen as letter by the law? They have to achknowledge it and respond and so forth?

RBoS:

Student Current Account: £300

Current Account: £100

Total = £400

 

  • Statements requested 3/4, Received 26/4.
  • Pre-lim letter sent for both accounts 29/5.
  • 'Bugger-off' reply received 7/6.
  • LBA Hand delivered to Branch Manager 9/6
  • Reply received and ensuing email conversation terminated 21/6.
  • Claim Filed with Edinburgh Sheriff court 27/6.

  • Return Date is 01/08, Hearing Date 08/08!
  • Letter REcieved 2/8 offering £280, Declined.
  • Phone call same day offering full amount + fees.


RESULT!!

 

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OK Guys, need a bit of help now.

 

What do i do? I recieved this email this morning. Is he just stalling me? whats he talking about??

Dear Mr

 

Thank you for your e-mail.

 

I know that the statements are now on their way to you. When you receive

them, please highlight those charges you wish to challenge. My first letter

clarified that we believe that the charges are valid and are only applied

when associated with items presented on your account when no funds are

available to meet them.

 

If you highlight specific charges on the statements that fall outwith this

criteria, I will gladly look at these.

 

For the moment, however, our view remains that the OFT has not investigated

current account charges, its statement relating only to credit card charges.

I know that the British Bankers Association is seeking clarification from

the OFT on whether they will be investigating and pending that outcome, we

will not be refunding correctly applied charges.

 

Tommy McLean

Manager, Customer Relations

Ground Floor

The Forthstone

56 South Gyle Crescent

Edinburgh (Depot Code 045)

 

Tel : 0131 523 5116

Fax : 0131 523 8778

 

RBoS:

Student Current Account: £300

Current Account: £100

Total = £400

 

  • Statements requested 3/4, Received 26/4.
  • Pre-lim letter sent for both accounts 29/5.
  • 'Bugger-off' reply received 7/6.
  • LBA Hand delivered to Branch Manager 9/6
  • Reply received and ensuing email conversation terminated 21/6.
  • Claim Filed with Edinburgh Sheriff court 27/6.

  • Return Date is 01/08, Hearing Date 08/08!
  • Letter REcieved 2/8 offering £280, Declined.
  • Phone call same day offering full amount + fees.


RESULT!!

 

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He's stalling if you've done the LBA next stop is the courts!

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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Shall I reply to hsi email with something along the lines of "the charges I am disputing are ones you see as 'fair and transparent', we obviously do not agree on this and so you leave me no further option other than to pursue this money through the courts."

 

They still have one week left.. I could just file my claim?

RBoS:

Student Current Account: £300

Current Account: £100

Total = £400

 

  • Statements requested 3/4, Received 26/4.
  • Pre-lim letter sent for both accounts 29/5.
  • 'Bugger-off' reply received 7/6.
  • LBA Hand delivered to Branch Manager 9/6
  • Reply received and ensuing email conversation terminated 21/6.
  • Claim Filed with Edinburgh Sheriff court 27/6.

  • Return Date is 01/08, Hearing Date 08/08!
  • Letter REcieved 2/8 offering £280, Declined.
  • Phone call same day offering full amount + fees.


RESULT!!

 

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I'd do the email and if they're still not willing to settle put in the claim. I think he's saying that the charges agree with their terms and conditions, which we're not disputing!!

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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I think ill just go ahead with the claim, he said quite clearly at the bottom that ther are not refunding any correctly applied charges.

 

Final stage begining then :)

RBoS:

Student Current Account: £300

Current Account: £100

Total = £400

 

  • Statements requested 3/4, Received 26/4.
  • Pre-lim letter sent for both accounts 29/5.
  • 'Bugger-off' reply received 7/6.
  • LBA Hand delivered to Branch Manager 9/6
  • Reply received and ensuing email conversation terminated 21/6.
  • Claim Filed with Edinburgh Sheriff court 27/6.

  • Return Date is 01/08, Hearing Date 08/08!
  • Letter REcieved 2/8 offering £280, Declined.
  • Phone call same day offering full amount + fees.


RESULT!!

 

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Got the reply:

 

Dear Mr

 

I am sorry that we haven't reached agreement. While never happy to see

customers feel the need to take legal action against us, I accept that you

will progress matters as you see fit.

 

Thank you for the courteous manner in which you have approached the

complaint.

 

Tommy McLean

Manager, Customer Relations

Ground Floor

The Forthstone

56 South Gyle Crescent

Edinburgh (Depot Code 045)

 

 

Fair enough :)

RBoS:

Student Current Account: £300

Current Account: £100

Total = £400

 

  • Statements requested 3/4, Received 26/4.
  • Pre-lim letter sent for both accounts 29/5.
  • 'Bugger-off' reply received 7/6.
  • LBA Hand delivered to Branch Manager 9/6
  • Reply received and ensuing email conversation terminated 21/6.
  • Claim Filed with Edinburgh Sheriff court 27/6.

  • Return Date is 01/08, Hearing Date 08/08!
  • Letter REcieved 2/8 offering £280, Declined.
  • Phone call same day offering full amount + fees.


RESULT!!

 

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Hi, they are obviously stalling and hoping you will lose interest. I would now issue court action against them. They will pay up as there charges are unfair, Remember it cost them almost nothing to send you a letter! They are a massive corporation and the average Joe on the street is just a free cash machine to them onward to victory!:):lol:

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Ewan,

when are you going to the next stage? You sig block says LBA delivered 9/6, reply expected 19/6. Is your deadline 23rd then? I'm about a week behind you and watching with interest.....

LoL

Green On!!:cool:

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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Hi, they are obviously stalling and hoping you will lose interest. I would now issue court action against them. They will pay up as there charges are unfair, Remember it cost them almost nothing to send you a letter! They are a massive corporation and the average Joe on the street is just a free cash machine to them onward to victory!:):lol:

 

 

Yea man, Im going onto the next stage. Was just pointing out his submission to the fact i was going to proceed, and that hes being quite nice about it!

 

sorry BigCol, Hadnt updated the sig at that point. Going to the court next week, cant wait :)

RBoS:

Student Current Account: £300

Current Account: £100

Total = £400

 

  • Statements requested 3/4, Received 26/4.
  • Pre-lim letter sent for both accounts 29/5.
  • 'Bugger-off' reply received 7/6.
  • LBA Hand delivered to Branch Manager 9/6
  • Reply received and ensuing email conversation terminated 21/6.
  • Claim Filed with Edinburgh Sheriff court 27/6.

  • Return Date is 01/08, Hearing Date 08/08!
  • Letter REcieved 2/8 offering £280, Declined.
  • Phone call same day offering full amount + fees.


RESULT!!

 

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Bon chance mon brave!

Watching, waiting and counting the days till I "do-it" to them as well!

Green-On!!!!:p

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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Claim Filed!!!

 

Oh eck.

 

Now we await my defence and hearing dates...

 

What generally happens with RBS? Do they enter a defence and then fold a day before court?

 

Does my thread need to be moved to the scotland forum?

RBoS:

Student Current Account: £300

Current Account: £100

Total = £400

 

  • Statements requested 3/4, Received 26/4.
  • Pre-lim letter sent for both accounts 29/5.
  • 'Bugger-off' reply received 7/6.
  • LBA Hand delivered to Branch Manager 9/6
  • Reply received and ensuing email conversation terminated 21/6.
  • Claim Filed with Edinburgh Sheriff court 27/6.

  • Return Date is 01/08, Hearing Date 08/08!
  • Letter REcieved 2/8 offering £280, Declined.
  • Phone call same day offering full amount + fees.


RESULT!!

 

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If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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