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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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Russell v Bank of Scotland


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Hi All,

I'm thinking of claiming back my charges from BoS, and have heard that they are likely to close my account when I'm successful. My worry is that my mortgage (recently arranged) is with the Halifax - are they likely to try and close my mortgage account too?

 

Thanks

BoS Current Account: £2250 charges + £809 interest. BoS offered £150. Filling in court claim forms.

BoS Joint Account: £825 charges + interest. Waiting until personal claim settled, to avoid them being tied together.

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Claiming back charges for your bank account will not affect your mortgage.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Thanks - I'm off to post my DPA letter now

:)

BoS Current Account: £2250 charges + £809 interest. BoS offered £150. Filling in court claim forms.

BoS Joint Account: £825 charges + interest. Waiting until personal claim settled, to avoid them being tied together.

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  • 3 weeks later...

Hi again,

I've just spent a few hours with a highlighter, and calculate I'm owed £2,248 on my BoS current account, and £825 on our joint account. As these are just the charges, I'm waiting eagerly for Vampiress' scottish interest calculator before I send in my preliminary letters.

I'm looking forward to the start of the battle!

BoS Current Account: £2250 charges + £809 interest. BoS offered £150. Filling in court claim forms.

BoS Joint Account: £825 charges + interest. Waiting until personal claim settled, to avoid them being tied together.

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  • 2 months later...

Hi - an update for the thread.

I have sent my preliminary request, and my letter before action for my BoS current account, asking for the return of £2250 charges plus £809.16 interest on those charges over the period.

John Pinder from Halifax customer relations has just called to say that they believe the charges are fair, and offering £150 as a goodwill gesture. When I refused this amount, he said he was prepared to offer up to 6 months charges returned - I turned this down, and told him I intend to go to court next.

I'm off to read the threads on Scottish court procedure again - wish me luck!!

BoS Current Account: £2250 charges + £809 interest. BoS offered £150. Filling in court claim forms.

BoS Joint Account: £825 charges + interest. Waiting until personal claim settled, to avoid them being tied together.

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In terms of using the spreadsheet to calculate your interest at 8%, there isa view about on these pages that it should be the contractural rate of interest that we charge them. They have charged us that when we went into red. If you go to sticky post and look up minzai spreadsheet, it calculates interest at both the 8% and also what your bank is currently charging. Again you will need to look up this interest figure. When I apply spreadsheat to my charges, at 8% the total comes out to about 12.5 k but when i use the banks 25.56% the totals come out to 21k.

Some difference.

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