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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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I am confused


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I was kindly passed onto the Scottish site and so glad that I have read all your messages as I feel exactly the same as everyone else - very scared! It has been about a month since I sent my last letter to LTSB asking for £5K back. I live in Edinburgh and telephoned round a few of the smaller solicitors who would take the case on for me but was informed that only the bigger companies specialise in banking law.

 

I have now been advised that as LTSB is registered in England I can do the whole lot in a oner down there as their limit is £5K. My questions:

 

1. Do I add interest onto this or shall I just go for the £5K

2. Which court do I use? I have been looking at other peoples threads and some say the borders as it is closer to me and others say the court nearest the bank head office.

3. If they do try to defend do I have to turn up?

 

I would be grateful if anyone could take me through this step by step and what I write on the forms.

 

Thank you all so much it is a great website and will be happy to contirbute 5% on anything I get back (and take anyone who helps out for a slap up meal - that's if you live in Edinburgh!!)

 

S

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Hi there,

 

Which letter did you send last? Was it the LBA? It is vital that you follow exactly the system outlined on this site!! If you havent then I would recommend starting the process again.

 

To answer your questions:-

 

1. You soulkd add the interest when you ae raising the small claims action and not before this stage. You work out the interest by using the spreadsheet in the templates library.

 

2. To claim in England my understanding is that you need an English address (possibly a friend or a relative?) and you would use the court nearest to them. I think there are a few people who have gone down this road so worth a serch around the forum. My understanding is you cant use moneyclaim in these circumstances but personally I would phone a county court and ask them.

 

3. Yes if they defend either you or your representative will have to turn up.

 

 

Hope this helps a bit.

 

If you were to claim in Scotland you would have to sever your claim into £750 chunks and take them to small claims one at a time.

 

 

cheers

 

 

Woolfie

Advice & opinions given by Woolfie are my own, and are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Now I am totally confused! Robertxc advised that I would be able to go through the English courts but didn't mention anything about using a relative's address, I don't have any in England I'm afraid.

 

Do you think it would be better to do it all in Edinburgh in chunks of £750 (close to where I live). I don't fancy going down to England if they do defend.

 

I sent the bank the initial letter and then the step 2 letter threatening legal action but that was about a month ago, should I send them another giving them one last chance?

 

Any help would be appreciated as each time I read some advice it contradicts what I have read previously.

 

S

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Now I am totally confused! Robertxc advised that I would be able to go through the English courts but didn't mention anything about using a relative's address, I don't have any in England I'm afraid.

 

Do you think it would be better to do it all in Edinburgh in chunks of £750 (close to where I live). I don't fancy going down to England if they do defend.

 

When I spoke to one of the County Courts in England they advised me that I would require a Correspondance address in England however I believe that Robertxc has taken action in England so I would pm him and double check.

 

I sent the bank the initial letter and then the step 2 letter threatening legal action but that was about a month ago, should I send them another giving them one last chance?

 

They are stalling you have sent them the LBA now commence with court action as you told them you would do in your letter.

 

Any help would be appreciated as each time I read some advice it contradicts what I have read previously.

 

It can all be quite confusing but just ask any questions and you will get the answers.

 

 

Hope this helps a bit I will be watching your thread so if you have any more questions just post them here and I will do my best to help

 

 

Good luck

 

Woolfie

Advice & opinions given by Woolfie are my own, and are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thank you Woolfie. I think i am going to go down the Scottish route and submit several claims for £750. Will print off the forms tonight and get them in this week.

 

Thanks for your help

 

S

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  • 1 month later...

Me again!! Been very busy at work and with 2 young sons so have put the completion of forms to the back of the pile - again!!

 

I have decided to do it this week and get them into court. I am in Edinburgh so I take it I go to the court at Parliament Square, is anyone else in Edinburgh?

 

Couple of questions I am making the first of my claims from 1/8/02 to 1/9/03. The charges amount to £755, can I restrict this to £750 or do I deduct the charge on 1/9/03 to bring it down to £515? Also how do I calculate the interest?

 

I must admit I am getting very scared reading the threads whom the banks are turning up to court.

 

Hopefully hear from someone soon so that I can get my money back!!!!

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What threads have you read where banks actually turn up in court?

 

It's up to you how you organise the claim. Is there not a little £10/£20 charge you could knock off to bring it down? You'll be claiming it all anyway eventually.

 

There is a spreadsheet in the library for calculating the interest.

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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Hi

 

Thanks for the reply. It was Manolo's thread that the bank turned up in Aberdeen, scares me!!!

 

The charges as follows:-

 

01/08/2002 30

02/09/2002 60

02/01/2003 60

03/02/2003 75

03/03/2003 180

01/05/2003 20

02/06/2003 20

01/07/2003 40

01/08/2003 30

01/09/2003 240

 

Can I just exclude one of the charges on 1/5/03 or 2/6/03 of do I have to exclude the £240 so as to include the whole period?

 

Thanks again

S

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I wouldn't worry too much about the bank's 'representative' turning up. All he did was ask for a copy of their own terms and conditions! Laughable really! Still, it would be nice if a MOD answered that particular thread.. I still don't know if Manolo is the first person this has happended to - and it can't have been pleasant for her!

 

The spreadsheet for calcs is in the library:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-interest-calculation-spreadsheets.html

 

£240 charges in one day is a lot!! What did they do to you on that day?! I'm not sure, but, if it were me, I'd just take out the 1/8/03 charge, and then claim that the next time.

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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Hiya. I am in Coatbridge and also taking LTSB to court. I am just about to do it by post and use a relatives address in England to reclaim whole amount of £2600. Good luck to you and I will let you know how I get on. I have been charged £165 in July and they are taking £175 on 1st August. Anyone know if I can add these onto my claim?

 

Lorraine

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Hiya. I am in Coatbridge and also taking LTSB to court. I am just about to do it by post and use a relatives address in England to reclaim whole amount of £2600. Good luck to you and I will let you know how I get on. I have been charged £165 in July and they are taking £175 on 1st August. Anyone know if I can add these onto my claim?

 

Lorraine

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