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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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Snoopy v RBOS - success! but I have a question...


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Many thanks to all who organise this site, as I have just received £88 charges back from RBOS (that was all I was owed, just one month's charges).

 

I sent the preliminary letter (reworded, I'm afraid I found the language a bit OTT) to my branch (Swindon) on Thursday and got a reply today! (I've always found my branch staff to be very efficient - which is why I stay.)

 

Anyway, just one question, if anyone can help... they've given me the usual about believing their charges are 'fair, reasonable and transparent' and they've refunded the charges as a 'gesture of goodwill'. They've then gone on to say that 'Acceptance by you of this payment will be in full and final settlement of all claims you may have relating to our charges.' I'm assuming that this is not enforceable for any charges they may apply in the future... does anyone know? I'm thinking I should write back along the lines of... thanks for the gesture but I reserve the right to reclaim any future charges... or should I just leave it and cross that bridge later?

 

Thanks in advance for any help.

 

PS. Please accept my donation in thanks for your help in getting my money back.

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Guest Lueeze

Wite to them thanking them for the refund, but you will not accept future charges to the account. Somehwere Spiceskull has a letter he wrote to his bank advising that they are not to take future payments. You have to look for it under the HSBC threads...

 

Lou x

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Hi,

 

Thanks for that. I'm sending them this today:

 

Thank you for your prompt reply to our previous letter and thank you for your goodwill gesture of refunding our money.

 

We accept this payment in full and final settlement of this claim only but do not accept your assertion that these charges are legal. You acknowledge that you are in discussion with the OFT in relation to credit card charges and I infer that you do not believe bank accounts to be included. However, I refer you to the OFT document, ‘
Calculating fair default charges in credit card contracts.
A statement of the OFT's position
’(Apr 2006), which states

 

In our view the basic principles set out here also apply to other analogous default charges in consumer contracts, for example in agreements for bank overdrafts, mortgages and store card agreements. We invite the banks to reconsider such charges accordingly.

 

We hope therefore that you will make no further punitive charges on our accounts but if you choose not to follow the advice of the OFT we will reclaim any such charges.

 

Will keep you posted...

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As this is my first post, my apologies if its the wrong section.

I am about to issue a Bluey against RBoS. The usually letter saying "transparent charges etc and matter closed.

 

I am advised by them to issue proceedings to the Edinburgh office, but the on line Court page says Enland and wales only, can anyone advise please?

 

Thanks

 

Chris

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As this is my first post, my apologies if its the wrong section.

I am about to issue a Bluey against RBoS. The usually letter saying "transparent charges etc and matter closed.

 

I am advised by them to issue proceedings to the Edinburgh office, but the on line Court page says Enland and wales only, can anyone advise please?

 

Thanks

 

Chris

please could you start this claim in a new thread. You are hijacking someone else's thread and it makes the confusing for everybody to follow both claims.
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Many thanks to all who organise this site, as I have just received £88 charges back from RBOS (that was all I was owed, just one month's charges).

 

I sent the preliminary letter (reworded, I'm afraid I found the language a bit OTT) to my branch (Swindon) on Thursday and got a reply today! (I've always found my branch staff to be very efficient - which is why I stay.)

 

Anyway, just one question, if anyone can help... they've given me the usual about believing their charges are 'fair, reasonable and transparent' and they've refunded the charges as a 'gesture of goodwill'. They've then gone on to say that 'Acceptance by you of this payment will be in full and final settlement of all claims you may have relating to our charges.' I'm assuming that this is not enforceable for any charges they may apply in the future... does anyone know? I'm thinking I should write back along the lines of... thanks for the gesture but I reserve the right to reclaim any future charges... or should I just leave it and cross that bridge later?

 

Thanks in advance for any help.

 

PS. Please accept my donation in thanks for your help in getting my money back.

 

There is no need to reply to their letter and no need to worry about being prevented from claiming future charges.

 

You have not agreed to anything. They have sent you the money which was sent to without asking you to agree anything in advance. They cannot unilaterally impose conditions on you.

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  • 12 years later...

This topic was closed on 10 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

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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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