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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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RBoS and the 8 weeks comment


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My two weeks "or I will commence legal proceedings" is up tomorrow. I rang them today and see if there was any progress. A not very nice lady on the phone informed me that they have 8 weeks from when they acknowledged my letter, that I had a case started and I would get an offer within the 8 weeks they are allowed under law. I informed her I had stipulated 14 days and she informed me that that did not matter and if I wanted to go court they would close the case they had started.

 

Where do I stand, should I go ahead with court tomorrow or do I have to wait for the 8 weeks?

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The 8 weeks is,I think, a guidelaine given out by either the FSA or the FOS(not sure which).

 

As you have sent the LBA and given them the 14 days that they are allowed then,yes,go ahead with the court case.

 

Also as she had said that they would close the case they had started should you go to court it might be an idea to report them to the FOS becasue I am not sure that they can do this.

 

Good luck

 

They know the rules and will try anything to get around them.

PPMAN159

 

If this comment has helped please click on the scales.

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Have a read of this.....

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-763619.html

 

Ok, it delays your court claim by a month, but I think this would be really effective. JMO - by all means file, just think right now they're so inundated, it's worth giving them a bit of leeway to see if they're forthcoming with an offer.

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Couple of things here...

 

The woman you spoke to got wrong the fact that it is 8 weeks since the day they received your initial complaint letter not from when they sent you an acknowledgement. That is straight from the FOS website. They also can't close a complaint case just because you go to court about it. Maybe she was having an off day...:o

 

I agree with T4FF as they are so inundated with complaints now that a little bit of leeway, another letter, could save you a lot of time and effort in the long run.

 

superward

superward vs First Direct - WON!!!

superward vs RBS - WON!!!

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Thanks Guys

 

When I rang up previously they did tell me that I was 15,024th in the queue! Not a backlog I'd want. I will take the advice and get a letter off in the next day or so.

 

I don't really want to do the whole court thing and would accept a reasonable offer probably if they made it in an acceptable timeframe. As my charges amount to £5793 it seems more complicated than the ones under £5k.

 

Another couple of weeks won't hurt I guess.

 

Thanks for the advice

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Their backlog is not your problem at the end of the day. Doesn't matter whether you are 15024 or 1500024, maybe give them another week and that is it!!!

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Thought before I send the next letter offer a compromise that I would ring them and see if I could expect anything in the next couple days. SPoke to a very nice lady wo informed me that my offer letter had been created and I could expect it before the end of May! When I said I better get on with the court proceedings then as she could not tell me what the amount was (offers are created separately it seems), she put me on hold and spoke to her supervisor. When she came back she told me tat I would indeed get my offer by the end of the week, but again was unable to tell me the amount.

 

Now I have added the interest on my claim is for £7300 (£5793 without). Should I wait a few days for the offer letter or carry on regardless? I have a feeling the offer will not be anywhere near the £5793.

 

Anyone any experience or advice?

Ta

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RBoS have given me another freephone number to use for tracking the letters etc if it is any use. Different than the one on their letters.

 

0800 015 4212 and press option 1

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HJP, exactly what interest is your offer made of? When you say "now I have added interest" what do you mean by that? Are you referring to the 8% you would add when you eventually file your claim? Obviously whatever they offer you will be less this if it is the 8% so I guess you have a decision to make.

 

I wouldn't offer a compromise if you end up sending that letter, just say you require payment of full settlement else you will go to court in 7 days.

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Thanks Taff

 

I used the calculator provided to add the 8%. In my letter to them, which I have not sent yet I stated what I would be claiming for including the interest and cost when it does go to court.

 

I had an email from the famous Sandy Watt this afternoon saying I will have my offer by the weekend. I have asked what the offer will contain (by email) but have not had a reply.

 

All communication from them has been very prompt and polite so far - so here's hoping....

 

Claim now total £7196.59

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T4aff

 

Interestingly I got an email today telling me what the offer would consist of - two thirds of the without interest claim. I emailed back saying I wouldn't be accepting but happy to negotiate.

 

Sandy emailed me back

 

Dear Mr xxxxx Please note that there is a covering letter with our offer, which advises customers as to which type of charges are being refunded by the Bank. Once

you have received our offer, and are not willing to accept our offer, then you will need to advise us. We have standard procedures in place to respond

to customers who decline an offer. I am sorry, but I am unable to accept e-mail notification of a decline of an offer.

 

Should you wish to go to court, then that is your decision.

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Well head over to the library, specifically the template area and find the rejection letters....

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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