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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 
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    • 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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Me v RBOS - **advice needed**


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Hi,

I'm well on the way with my case, but I've just found this forum so I'll give a quick run down of where I am.

I've issued court proceedings and have a 'pre hearing review' (whatever that is) at my local court on the 10th September. The banks solicitor has sent me loads of scary official looking documents referring to their defence. They did make me an offer which worked out £1000 less than my claim which I turned down.

Has anyone else had this sort of experience? Did they win? Any help would be appreciated..

Thanks, Bart..

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Never gone to court, but I will offer some advice.....if you have a review and don't know what it is, then I suggest you do find out what it is :D There are LOADS of guides in the library and helping hands around, head over the success forum of RBS to see what other people have done. Two particularly drawn out claims that I was keeping an eye on were by HydraUK and mcuth, should be able to find them with a bit of advanced searching. Have a read through them to see what the court process is like.

 

 

Good luck ;)

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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Hi T4FF, thanks for your response..

I checked out the cases you mentioned. They looked painful.. And long..

Here's my main problem. I am due to leave the country on the 16th Sep. This has been going on for so long I though it would be over by now?!? It looks like its going to go on for quite allot longer. Do you think it would be advisable to make them an offer to settle without the interest, just to get it over quickly? I tried to look for some ‘nudge letter’ templates but had no luck?

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Whether your case ends up dragging out or not really depends on what you are claiming for and how much you are claiming for.

 

Remember, RBS are working to their best interests - if it isn't worth their while defending your claim, they will look to settle. The fact that they have attempted to settle already is a good sign. A lot of people seem to make good progress by contacting RBS directly. There are a few email addresses around the forums of staff members, it might be worth trying to locate these though I'm not sure if they still deal with offers once you have filed in court.

 

Personally, I wouldn't let them off with anything but the 10th is quite close to your leave date so I guess it's a judgement call on your part. You still have plenty of time.....8 weeks? There is a template around somewhere asking them to settle and save everyone a load of time and money but I can't remember where. Is it a permanent leave or is it temporary? If it's temporary it might be worth your while discussing this with the court.

 

Would be interesting to hear how much (roughly, don't make it precise) your claim is for, broken down by charges, interest, statutory and compound just so we know what we're dealing with.

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 very much for your help. This money will really help with my relocation.. I'm intending to move away permanently which is why I'm feeling a bit twitchy at this stage.

 

I'm claiming:

 

£4376.87 in charges

£549.41 in interest

£120 court costs

 

Totaling £4926.28

 

I thought about settling for the charges only £4376.87 to end it quickly.

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Well it's a decision only you can make. Is the "interest" you refer to there overdraft interest? As in the amounts that have been debited from your account on a monthly basis? If so, have you not included statutory interest? If you file a court claim you are entitled to claim 8% statutory interest, this should swell your claim by a lot. You then need to consider what you are going to do. There is a huge difference between writing off 600 quid and writing off 600 quid plus statutory income.

 

That said, everyone's situation is different. Like I said, you need to weigh up your own situation and decide what is best for you. If you need to have things done and dusted by September then you may have to look at settling for less that you're entitled to.

 

I can't see how bargaining with them won't make them sit up and do something about it. At the end of the day, your claim is not an amount that is worth them fighting (IMO) so you would have thought they would be interested in settling.

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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Ah I see what you mean. I'll show you my break down.. I'm claiming for 2 accounts..

 

Charges as Notified£10.6405/09/20021779£4.15Charges as Notified£30.0007/10/20021747£11.49Uncleared item£30.0025/10/20021729£11.37Charges as Notified£30.0004/11/20021719£11.30Uncleared item£30.0006/11/20021717£11.29Charges as Notified£30.0006/12/20021687£11.09Charges as Notified£30.0006/01/20031656£10.89Uncleared item£30.0020/01/20031642£10.80Uncleared item£30.0022/01/20031640£10.78Charges as Notified£30.0005/02/20031626£10.69Charges as Notified£30.0010/03/20031593£10.47Charges as Notified£10.0007/04/20031565£3.43Charges as Notified£30.0006/05/20031536£10.10Charges as Notified£20.0009/05/20031533£6.72Charges as Notified£30.0005/06/20031506£9.90Charges as Notified£30.0007/07/20031474£9.69Charges as Notified£10.0004/08/20031446£3.17Charges as Notified£10.0005/09/20031414£3.10Charges as Notified£10.0006/10/20031383£3.03Charges as Notified£20.0008/10/20031381£6.05Charges as Notified£30.0005/11/20031353£8.90Charges as Notified£10.0008/12/20031320£2.89Charges as Notified£20.0009/01/20041288£5.65Charges as Notified£30.0005/02/20041261£8.29Charges as Notified£10.0008/03/20041229£2.69Charges as Notified£10.0005/04/20041201£2.63Charges as Notified£10.0006/05/20041170£2.56Charges as Notified£10.0007/06/20041138£2.49Charges as Notified£10.0005/07/20041110£2.43Charges as Notified£10.0005/08/20041079£2.36Charges as Notified£10.0006/09/20041047£2.29Charges as Notified£38.0006/10/20041017£8.47Charges as Notified£30.0008/10/20041015£6.67Charges as Notified£38.0005/11/2004987£8.22Charges as Notified£38.0006/12/2004956£7.96Charges as Notified£30.0008/12/2004954£6.27Charges as Notified£10.0005/01/2005926£2.03Charges as Notified£10.0007/02/2005893£1.96Charges as Notified£38.0007/03/2005865£7.20Charges as Notified£38.0004/04/2005837£6.97Charges as Notified£30.0008/04/2005833£5.48Charges as Notified£40.0006/05/2005805£7.06Charges as Notified£40.0006/06/2005774£6.79Charges as Notified£30.0008/06/2005772£5.08Charges as Notified£40.0006/07/2005744£6.52Charges as Notified£30.0008/07/2005742£4.88Charges as Notified£40.0005/08/2005714£6.26Charges as Notified£60.0008/08/2005711£9.35Charges as Notified£40.0005/09/2005683£5.99Charges as Notified£60.0008/09/2005680£8.94Charges as Notified£40.0006/10/2005652£5.72Uncleared item£76.0007/10/2005651£10.84Charges as Notified£30.0010/10/2005648£4.26Uncleared item£38.0010/10/2005648£5.40Uncleared item£114.0012/10/2005646£16.14Uncleared item£38.0031/10/2005627£5.22Charges as Notified£40.0007/11/2005620£5.44Charges as Notified£90.0008/11/2005619£12.21Charges as Notified£5.0305/12/2005592£0.65Charges as Notified£30.0008/12/2005589£3.87Uncleared item£38.0030/12/2005567£4.72Charges as Notified£51.2005/01/2006561£6.30Charges as Notified£32.0006/02/2006529£3.71Uncleared item£38.0006/03/2006501£4.17Charges as Notified£32.0008/03/2006499£3.50Charges as Notified£90.0008/03/2006499£9.84Uncleared item£38.0027/03/2006480£4.00Charges as Notified£35.0004/04/2006472£3.62Charges as Notified£32.0005/04/2006471£3.30Charges as Notified£90.0010/04/2006466£9.19Charges as Notified£32.0008/05/2006438£3.07Charges as Notified£90.0009/05/2006437£8.62Charges as Notified£32.0005/06/2006410£2.88Charges as Notified£32.0006/07/2006379£2.66Charges as Notified£90.0010/07/2006375£7.40Charges as Notified£32.0007/08/2006347£2.43Charges as Notified£30.0008/08/2006346£2.28Charges as Notified£4.0004/09/2006319£0.28Charges as Notified£30.0008/09/2006315£2.07Charges as Notified£32.0006/10/2006287£2.01Charges as Notified£90.0009/10/2006284£5.60Charges as Notified£90.0008/11/2006254£5.01Charges as Notified£32.0006/12/2006226£1.59Charges as Notified£90.0008/12/2006224£4.42Uncleared item£38.0002/01/2007199£1.66Uncleared item£38.0004/01/2007197£1.64Charges as Notified£32.0005/01/2007196£1.37Charges as Notified£30.0009/01/2007192£1.26Charges as Notified£32.0005/02/2007165£1.16Charges as Notified£35.0005/03/2007137£1.05Charges as Notified£32.0008/03/2007134£0.94Charges as Notified£90.0008/03/2007134£2.64Total Charges£3,330.87Total Interest£518.98Overall Total£3,849.85

Charges as Notified£30.0022/09/20031397£9.19Uncleared item£30.0005/07/20041110£7.30Uncleared item£60.0001/09/20041052£13.83Uncleared item£35.0005/10/20041018£7.81Uncleared item£35.0029/10/2004994£7.63Uncleared item£35.0001/11/2004991£7.60Uncleared item£35.0005/11/2004987£7.57Uncleared item£35.0016/06/2005764£5.86Uncleared item£105.0001/07/2005749£17.24Uncleared item£114.0001/03/2006506£12.64Uncleared item£38.0014/03/2006493£4.11Uncleared item£38.0015/03/2006492£4.10Uncleared item£38.0017/03/2006490£4.08Uncleared item£38.0027/03/2006480£4.00Uncleared item£38.0031/03/2006476£3.96Uncleared item£38.0017/05/2006429£3.57Uncleared item£38.0025/08/2006329£2.74Uncleared item£38.0031/08/2006323£2.69Uncleared item£38.0029/09/2006294£2.45Uncleared item£38.0020/10/2006273£2.27Uncleared item£38.0017/10/2006276£2.30Uncleared item£38.0030/10/2006263£2.19Uncleared item£38.0001/11/2006261£2.17Uncleared item£38.0017/01/2007184£1.53Total Charges£1,046.00Total Interest£138.84Overall Total£1,184.84

 

The interest I have added above was the 8%..

 

I noticed that I've got a £10, £5 and a £4 in the first account. Maybe these are genuine charges which is a bit worrying. Could they throw it out on that basis?

 

They did offer me £3700.00 which was a pretty good first offer looking at some of them. Over a grand shy though..

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Ouch, I can't really read that :(

 

Like you said though, you've already added 8% so don't really need to see the breakdown anyway.

 

 

Like I said, this is a personal decision. You need to weigh up your need for the extra grand against your need to settle this within the next 8 weeks or so.

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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I thought I'd say I would settle for the charges without the 8% and court costs for an early settlement. A loss of £700. I have so much to do before I go, it would be another thing off my mind. I would love to stay and fight it out though.

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That seems reasonable enough though you will probably need to prepare in case they don't accept that.

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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