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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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Cowlie v RBoS


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Am about to send my 'Letter before action' but I've excluded a lot of the stuff that was on the previous letter as I thought it unecessary to talk about how 'shocked' :) I still am - I say this:

 

I enclose a copy of a letter I sent to you two weeks ago. I am disappointed to note I have had no response from you.

 

As I pointed out in my previous letter, I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

 

Yours faithfully,

 

I give my a/c number and date of course - just wanted to be sure I'm not missing anything vital. I'll send this tomorrow - then I'm 14 days from submitting a claim!

 

Thanks for any thoughts....cheers.

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I agree with your thoughts on repetition, so as long as the message is clear - apy up or else - then I see nothing wrong with the second letter.

 

Good luck.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Ok my letter has been sent by recorded delivery. In 14 days time I'll get all legal on their asses. (This isn't to say I've been doing something illegal on their asses in the past).

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Have sent Letter before Action and got this response:

 

I am sorry you were unhappy with the service you recieved but grateful you took the time to reply.

I am looking into your concerns and am awaiting a response from our Concerns Teams at the Chatham Customer Service Centre. I will contact you again with a full response or to let you know what progress I have made.

I shall do my utmost to resolve your complaint quickly and to your satisfaction. Just so you are aware of the options available to you I enclose a leaflet that explains how we handle complaints (no leaflet included?!?!). If you need to contact me call me on etc....

 

 

It's 11 days til I go to Moneyclaims now - I intend to either just sit out that time and claim or remind them that the cut-off is just 11 days away - any thoughts?

Just so you know - we're talking about the kind of money you'd mud-wrestle your own grand-mother for....

 

Any thoughts much appreciated........Cowlie.

 

STARTIN NEW THREAD FOR THIS _ PLEASE REPLY TO THAT

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Have sent Letter before Action and got this response:

 

I am sorry you were unhappy with the service you recieved but grateful you took the time to reply.

I am looking into your concerns and am awaiting a response from our Concerns Teams at the Chatham Customer Service Centre. I will contact you again with a full response or to let you know what progress I have made.

I shall do my utmost to resolve your complaint quickly and to your satisfaction. Just so you are aware of the options available to you I enclose a leaflet that explains how we handle complaints (no leaflet included?!?!). If you need to contact me call me on etc....

 

 

It's 11 days til I go to Moneyclaims now - I intend to either just sit out that time and claim or remind them that the cut-off is just 11 days away - any thoughts?

Just so you know - we're talking about the kind of money you'd mud-wrestle your own grand-mother for....

 

Any thoughts much appreciated........Cowlie.

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  • 2 weeks later...

Have now submitted a claim through the moneyclaim site - I must say it is a well designed site and even a gumby like my brother Sean could use it. I'm actually hoping they go to court - it's rather exciting knowing I'm completely in the right!

 

One lingering doubt I have is that I'm claiming back to March 2000 as this was when I began investigating - this is beyond the six years limit and fear I may have given them ground to faff for a couple of months - any thoughts?

 

Thanks for your time.

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  • 3 weeks later...

I submitted for a default judgement yesterday. Am eagerly awaiting any kind of response from the bank. On Moneyclaim, my claim now says 'Your judgment has been submitted to the court for final validation before being issued'.

 

Not entirely sure what to expect from the bank at this point but I won't be swayed.

Anyone else a few days ahead with any advice?

Thanks.

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I have forced a default judgement against RBoS that has been accepted - I now have the option to issue a warrant - it says:

 

A Warrant of Execution will only help if the defendant has:

 

-

Goods at the address you give which could be sold at auction to raise money for you; or

 

- All the money you are claiming on the Warrant.

 

 

 

Before the Court can issue a Warrant the defendant must have:

 

-

Failed to pay the amount he or she has been ordered to pay; or

-

Fallen behind with at least one of his or her payments (if ordered to pay by instalment).

 

 

This is called "being in arrears". If you want to pursue an alternative method of enforcement, please see Her Majesty's Courts Service Website for further information.

 

 

When do I go for this option?? I see no reason why I don't do this right away?? As I understand it, this effectively means sending th bailiffs in?

Just to re-cap my case - I've gone stricly along the line of advice given here in the FAQ's and elsewhere on this site. The back has responded in typical ways. The only slight variance I have is that I go back to March 2000 i.e. just over 6 years - and I thought maybe this would give the bank reason to faff. Also, I have never sent the bank an actual breakdown of how I come to my figure - I have simply said it was due to 'referral charges' levied against my account in this period.

 

Thanks for your time. This is mightily exciting!

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  • 12 years later...

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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Thread Locked

because no one has posted on it for the last 6502 days.

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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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