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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
        • Like

Hogie v RBS


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happyolddog showed me this link so i can start a thread re. my claim. I am new to the site and so far very grateful for the advice within.

 

I am still unsure on a couple of things. Does anyone know enough about RBS claims to answer the following 2 points please?

 

Since 1996 I have had Royalties upgraded to Royalties Gold then finally to Premier. There is a monthly fee for this type of account which is topped up by a monthly maintenance charge if you go overdrawn. It is my understanding that I cannot claim back the monthly fee but can claim the maintenance charge. Please tell me if this is correct.

 

Also, RBS charge what they call a "Referral Charge" of £20 per item when they pay something whilst overdrawn. Is anyone familiar with this charge? I have read pieces in the forum where people say this charge is unfair and should be claimed for. But does anyone know if I can definitely include these charges in my claim.

 

Please help.

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Ok I have carried on my research within the site and found evidence of others claiming maintenance charges on top of Royalties, Gold and Premier fees. Also found info on Referral Fees being claimed. And so I shall claim for these also.

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You are correct. You cannot claim the Royalties fee but it is usually combined with overlimit charges which you can claim, it will appear on about the same date every month as 'chg to ac no- xxxxxxxx' or similar.

 

Referral fees are claimable but I think you will find they are now £30.

 

But take a look at the bank's new T&C where they say that this is now for a service - every time you go overlimit they will charge you a one off fee for extending your overdraft temporarily - what a laugh! Comedians the lot of them!

 

Best of luck.

 

Phil

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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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  • 2 months later...

Just over a week ago I finally sent in my request to RBS with list of charges. I have received the "sorry you are not happy" letter saying it will take 7 to 8 weeks to investigate.

 

I have read the step by step guide which says I should still send the letter before action 14 days after sumitting my claim. Should I tell Rbs at this stage that I do not intend to wait 7-8 weeks and will be issuing an LBA next week?

 

Really frightened by all of this but talking about over £3500 they have had from me in the last 6 years.

 

Any help to say I am doing the right thing really appreciated.

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  • 2 weeks later...

Could I please have some advice on what to do next? Sent my prelim letter just over two weeks ago. Have received reply from RBS stating that they believe charges are fair. Also, says Rbs and other banks have, as a test case, become involved in proceedings with OFT which will resolve the legal issues about the fairness and legality of bank charges.

 

RBS go on to say that until these proceedings have been determined they have asked FSA to suspend the normal timetable for dealing with complaints and the FSA has agreed. Their advice to me is to wait until this test case has been resolved before I proceed any further with my claim.

 

They go on to advise me that should I choose to issue a claim in the County Court before the resolution of the test case the Master of Rolls in England has, at the request of RBS issued a notification to the County Courts suggesting they stay proceedings about bank charges. Alternatively, RBS say they will apply to the Court for an order to stay my action until the test case has been concluded.

 

Advice from someone in the know would be very much appreciated.

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Hi Hogie,

 

You've received pretty much the same response that all bank charge claimants are receiving from their banks at the moment. Carry on and send the LBA - you'll then need to file N1 at county court.

 

Your bank will apply for a stay once you've filed at court, but not all courts are automatically staying cases by the way - and if your claim is stayed at some point, you can apply to have the stay lifted. For more info, please read the links on my signature.

 

Best of luck with your claim :)

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