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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
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    • 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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Me Vs RBS - my story - all advice gladly received!!!


Guest redmanfamily
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Guest redmanfamily

I sent the DPA request to my local branch and waited as the 40 day deadline went past. I telephoned and asked them what was happening. The first thing they said was, 'did you send the request by recorded delivery?'. This proved to me that they were used to such things. I did send it recorded delivery, and 2 days later a complete set of bank statements for the last six years arrived on my doorstep free of charge!

On the 8th March I sent a letter requesting nearly £4,000.00 worth of charges to be returned to me (again by recorded delivery). I received a letter a couple of days later offering just £556.00 as full and final settlement. I have not signed or returned this.

Should I reply at all? Should I wait until the 14 days have passed and then send the Letter Before Action?

All Advice glady received.

Thanks, Stew.

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You sent the request on 8 MArch? Did you mean May? Did your letter give them 14 days to pay before LBA? You MUST stick to your timetable and not hand over control to them. Write back and accept the offer but add that you will be persuing them for the rest - you could add this into your LBA.

 

You should read the FAQs if you haven't already, and re-read them if you need to. There is a process that you need to follow and STICK to it - keep us posted...

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

Hit the DONATE BUTTON and give 5% back to support this site!

 

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Hi there when i received a letter like this i sent this one you might want to change some of it-

 

I thank you for your letter dated 19 April 2006, offering to refund £xxx of fees however, I am not willing to accept this unless you provide me with the information that shows that the bank incurred costs amounting to £xxxx.

 

However, as a gesture of goodwill I would be willing to accept £xxx and therefore I will not seek to claim the 8% Apr and costs that I will add to the claim if it is to progress to a court hearing.

 

You have 14 days to respond and if I have not heard anything within this time period I will commence court proceedings without further notice.

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Guest redmanfamily

Thanks for your suggestions. I will respond in a similar vein to Kath 30.

I did the letter on the 8th May, not March (hastily typed prior to the school run)

Thanks a lot.

Stew.

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  • 2 weeks later...
Guest redmanfamily

I sent my LBA on 22nd May. I mentioned that their initial offer of £566.00 was unacceptable.

I recieved a letter from the Branch Manager (incidentally a different manager than the first letter!) stating that if we do not reply and accept the offer of £566.00 within 7 days, we will accept that you no longer wish to take the matter further and are not accepting the refund.

 

I hope that they see my LBA and realise that I am serious.

 

Stew.

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  • 2 weeks later...
Guest redmanfamily

I received a reply to my LBA, this time from the customer relations unit in Edinburgh and not my branch. Once again they have asked me to reconsider their pathetic offer of £566 (I'm claiming over £3,800.00!). They have included a leaflet about the Financial Ombudsman Service and suggest I take up any complaint with them.

They say they can find no instance where charges have been applied when they where not properly due. They obviously cannot read. Yes charges were due, but they were grossly unfair.

 

Do I now apply to take them to court?

 

Can someone please advise on my best plan of action from here? I don't know if all the recent involvement of the media and banks solicitors has changed the way all of this should be approached.

 

Thanks, Stew.

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yeah do the moneyclaim online, I'll be filing mine this week against RBS. as far as I know the recent publicity has helped our cause and nothings changed!

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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  • 2 weeks later...
Guest redmanfamily

Just to update:-

5th June 2006

Phoned the bank after last letter to inform them that their 14 days was up.

They said that the matter was no longer being dealt with by the branch. All correspondence should be with Customer services.

Letter arrived same day from Tommy McLean (a familiar name on this forum!) offering the £566 yet again.

 

10th June 2006

Phoned Tommy McLean to tell him ofer was not acceptable and if it was not increased I would be taking legal action to recover my money, which would add considerably to the banks costs. He said he understood as many people have done the same thing, but he must stand firm and would not be offering any more money.

 

12th June 2006

I filled in the moneyclaim online and payed my £120.00.

 

17th June 2006

Got a letter from Moneyclaim online. An Acknowledgement of service has been filed on 16th June 2006 by Cobbetts LLP of Manchester (Defendant's solicitior) stating that they intend to defend all of this claim.

 

I was a bit worried by this, but I see they have done the same to a few RBS customers who still managed to get their money back.

 

Stew.

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Hi Stew,

 

I'm about 3 days behind you, I filrd moneyclaim on 15th so I'll be expecting a defence as well!!!

 

I wouldn't worry too much it seems to be standard and most of the information is available in some of the other threads to respond with!

 

Good luck and keep us updated!

 

Stacy

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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  • 3 weeks later...
Guest redmanfamily

The 28 days from acknowledgement of my claim is up tommorrow!!!!

I wil ask for a judgement if I have heard nothing else.

Fingers crossed!!!!

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oh good luck!

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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Guest redmanfamily

I tried to get a default judgement at moneyclaim online. It says I have to wait 28 days from acknowledgement of the claim. I have! I will have to try again on Monday I guess.

 

Stew.

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Hi Stew,

 

Any news yet?

 

Stacy

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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Guest redmanfamily

I called HMCS - moneyclaim yesterday. The chap said that no defence has yet been filed and if a defence is not filed by 4pm then I could go for a default judgement tommorrow (Tuesday 18th).

I asked for the default judgement at moneyclaim at just past midnight (this morning) and it went through.

 

BUT WAIT A MINUTE!!! Just 30 minutes ago in the post, a letter from Cobbetts solicitors on behalf of RBS. It contains a defence and a reqest for further information!!!!!!

 

There are 12 pages of legal rambling, mostly padding in fairly large type (a scare tactic I think (hope)).

 

I will phone HMCS at about lunchtime to see if the defence was with them before I asked for default judgement. If it was, I will need more help!!!!

 

Stew.

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Thats a point, does the defence have to be received by the court or by me before entering judgement? I am going to enter judgement on Saturday as they have awknowledged the claim but not entered any defence what happens if you get a letter crossing in the post?

 

Were nearly there Redmanfamily, hang on in there.......

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I think the defence will stand stew and judgement will be refused. post what the defence is and we'll try and work through it! remember requests under cpr 18 don't apply to small claims so ignore all that. Have u got an allocation questionaire?

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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Guest redmanfamily

Phoned HCMS - Their defence was entered this morning before the 10am judgement deadline!!! Pooh! The case has now been transferred to my local court. I should receive an allocation questionaire shortly.

 

They require me to identify the account(s) and every charge, date and description (these are already on my excel spreadsheet for them!)

It says I have to prove

(a)that the bank charges that have been debited are unreasonable

(b) all facts and matters relied upon by the claimant in support of this case

and © what charges would have been reasonable

 

Surely they have to prove to me (or the court) that their charges are reasonable!

 

Stew.

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I'd say so, and would not say what charge was reasonable thats for someone in power to decide

Rbs £114 + contractual at 29.84% I won total=£125 no laughing it's a win

Don't moan about it DO SOMETHING ABOUT IT :D

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Guest redmanfamily

Stacey- Your right, it is a CPR part 18 request and is not really valid.

I think I will wait for the aourt allocation questionaire, then send Cobbetts the details of my account, the excel sheet for charges and interest. I will tell them that I have supplied this information from my own goodwill and that I don't have to respond to a CPR part 18 request unless asked to do so by the court.

 

Stew.

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I would also add that you consider the inclusion of the CPR Part 18 request to be intimidatory and that you intend to bring the intimidation to the notice of the court.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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Guest redmanfamily

Thanks, I will include that. The way the whole document is set out tells me that it is meant to be intimidating and very official looking, i.e. if you were a bit slow, you could easily mistake it for a court document.

When you read between the lines, they are not really asking for anything that can't easily be given or proven. On the other hand, they cannot easily prove that they are in the right.

 

Stew.

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I Should get mine tomorrow or Thursday Stew, I'll probably have loads of questions to ask you then!

 

Stacy

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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Guest redmanfamily

Got my allocation questionnaire, easy to fill out.

 

Here is a copy of the letter I am sending to Cobbetts:

 

--------------------------------------------------------------------

 

Cobbetts LLP

Ship Canal House

King Street

Manchester

M2 4WB

Ref: XXXXXXXX

19th July 2006

 

Dear Sir or Madam

 

Re: Your defence of Claim No. 6QZ38175 – Now transferred to Derby County Court

 

Please note the following points:-

 

i. Full details of each and every charge applied to the accounts are already in the possession of the client, from whom I obtained such information prior to this claim.

 

ii. Your request for further information and Clarification under the Civil Procedure Rules part 18 does not apply to this claim unless ordered under the initiative of the court.

 

I view your use of terminology and particularly the CPR part 18 request as an act of intimidation. I will be bringing this to the attention of the court at the hearing.

As an action of goodwill on my part, I enclose copies of the charges levied to my account number [EDITED for your safety] sort code [EDITED for your safety]

 

Yours Faithfully

 

--------------------------------------------------------------------------

Any Comments or suggestions are most welcome

 

Stew

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yeah sounds fine Stew, send it off then sit back and wait for the offers to start! When does the allocation questionaire need to be returned by?

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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