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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
      • 161 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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Mark Vs RBS


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Today is the day I send my request for charges letter. I received all my statements for both accounts I have with RBS; one Royalties Account and one Current Account (IPCA). Both accounts total £4,397.91 as of today going back 6 years excluding the 8% interest at this stage.

 

If I am correct in my interpretation of the guidence on the site it shouldn't matter if my gross of 8% interest court claim is above the £5,000, apart from an increase in Court charges to £250, i.e., as long as the 'track' is below the £5,000.

 

I will keep you up-to-date as to how I get along.

 

Mark

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  • 3 weeks later...

Just before I was about to send my nice chaser letter, I receive my reply from the RBS, in a nut shell telling me to take a hike!

 

"We believe our charges are fair, reasonable and transparent. We consider that the amounts debited to your account have been applied stictly in accordance with you agreement with us and our published tarrif, which we are satisfied complies with all applicable laws and regulations."

 

"We have considered and responded to the OFT's statement of 5th April 2006. We do not accept the OFT's findings in relation to credit card fees. We are concerned that the OFT has publicly called into question the setting of charges applied to other products, including current accounts. The OFT has restriced its investigations to credit cards and made no attempt to consult with RBS or the industry in relation to other, entirely different products"

 

Consequently, against that backgroud, we must differ with the views expressed in your letter and will not be refunding any of the charges applied to your bank account."

 

Im looking forward to this.... here we go!:)

 

M

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Hiya all!I am putting together today the next letter 'pay me in full within the next 14 days otherwise I am taking you to court'. The final chance. Now, I am assuming that at this early stage they with either offer me a good will payment (that I will reject), or a letter sticking to their guns, which I expect. Thus off to court..Quick question though, If I do make an on-line claim I have to enter an address that is in England or Wales, however my correspondence has been with RBS in Edinburgh. How do I get around this?Help greatly appreciated.M

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  • 2 weeks later...

Hi Mark,

 

All sounds pretty standard so far hun, just hang in there and we all know that you will get your charges refunded in full before they show up to defend a claim in court!!

 

Stacy xx

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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CONGRATULATIONS!!!!!!!

Well done!

Stacy xx

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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