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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
      • 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
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Finally going for it


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Just printed the dp act letter and it will be on its way tommorrow (mon 26)

 

Been lurking for a while and was a little worried about claiming, would they really consider closing my account? I have quite a large loan with them as well.

 

But what the hell. Lets get em. I reckon that they have taken at least 2k - 3k maybe a lot more! we'll soon find out

 

I'll keep you posted

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Glad you have decided to take the plunge. It is definitely best to have a parachute account, but from what I understand your loan is a separate contract and they won't close that. Maybe the charges would go some way to paying the loan anyway.;-)

 

Good luck

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, 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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Reply recieved today 29/06

 

it seems I forgot to sign the request..... doh!!

they still have my cheque and have forwarded onto the "relevant department"

 

new request sent today (signed) :-)

 

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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  • 3 weeks later...

Sent a gentle reminder thurs 14/07/06 informing them they have 23 days left to reply :-)

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Still NOTHING from RBOS....... they havent cashed the cheque yet either......Is this normal??

 

they acknowledged on 29/06/06 but saying I hadn't signed the request. another request was sent the same day (signed) with copies of both letters.

 

Guess I'll have to sit and wait

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Got confirmation of parachute account opened

no worries now

Let battle commence

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Share on other sites

Got confirmation of polite reminder dated 19th July saying that it has been passed on to relevant dept. :-(

 

theyre taking it to the line I think

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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HOLY SH*T.........

 

got my statements.....no other stuff though not even a covering letter

 

just added them up quickly.......over £5000

 

(just done the spreadsheet) £5189.62 and interest to follow of £1230.82 if they take it to the line

 

WOW

 

WOW

 

WOW

 

Cant wait woohoo

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Hi all

 

could someone please answer this, (though I think I already know the answer)

they owe just over £5K...........

 

is this still suitable for the small claims track or will I have to split it into two claims ?

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Dave,

 

You will have to split it into more than 2 claims the limit for the small claims track in Scotland is £750...

 

Good luck getting the lot abck from those shower of so and so's

Bank of Scotland student account:

June 23 Data Protection Act sent

July 23 statements recieved

Aug 1 Prelim sent for 3660

Aug 3 comedy letter recieved

Aug 30 laughable £260 final settlement offer and LBA sent

Oct 07 Settled £1800

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thanks for the input heimdals

 

but I'm in england.....so two claims should do it

 

cant wait :-);-) :-)

 

rgds

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Share on other sites

*** INTERESTING DEVELOPMENT ***

 

Got a call today from a mr Murray from an Edinburgh number......

 

It seems as though my "business relationship manager" (incidently the person who has been responding to my letters etc) has passed my account to him.

 

It seems as though I have missed a few payments on a loan!

 

I NEVER got informed about this and they didnt even try to retake the missed d/d ??

when asked about this he said that they didnt have to inform me or try to retake the d/ds ?????

 

it seems as though I have missed 3 times without a word being said!! or a letter being wrote. The nice Mr Murray asked if I wanted to refinace to take into account the missed payments and to clear my overdraft...........If I did this it would take two years longer to repay at about the same repayment......or about £60/month more with insurance etc.

 

NO WAY

 

I think this is obviously "A turn of the screw".

 

I came to an arrangement to pay the outstanding missed payments over three months.

 

If this bank has entered a default against me they are in some trouble grrrrrrr

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Hi All

 

Just had Tommy McLeans standard fob off letter to which I will reply, stating that they have till 14 aug (my timescale) to come up with an offer or they will receive my LBA.

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Share on other sites

hi this is the letter I just sent back to him

 

Dear Mr. McLean

 

Thank you for your letter of the 5 August explaining the banks position.

 

I am disappointed that you didn’t fully read my letter and sent what seems to be a standard reply, in that it didn’t address the issues raised in my original letter.

 

You have stated that your charges are fair, reasonable and transparent. I’m afraid on the first two points we must differ. As for transparent you may be correct, as people are now becoming more aware they are now beginning to see right through them.

 

However your charges don’t seem to be either fair or reasonable and if you say that they are could you please explain to me the makeup of the charges, and how it would cost the bank £38 when you DON’T pay a direct debit?, and £28 on top of that for going overdrawn in the first place. This works out at a charge of £66 for maybe going overdrawn for as little as £1. This SEEMS like an unfair penalty, and would also look like an unfair term of contract.

 

As explained in my previous letter the level of your charges also seem to be unlawful and you haven’t addressed that point either. I am NOT relying solely on the OFT statement as you seem to imply, but to the general concept of liquidated losses and true costs to the bank

 

If this is your final word on the matter I will have no option but to issue my Letter before Action on the passing of the deadline date of my previous communication.

 

I’m sorry that you have chosen not to discuss this further, as I’m sure we could have reached an amicable outcome.

 

Yours Sincerely

 

 

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Great! although I wouldn't expect a reply!!

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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If he doesnt its the LBA on the 14th

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Share on other sites

  • 2 weeks later...

No reply from Tommy.

 

LBA went out today by recorded delivery

 

I waited a few extra days because I'm on hols from sun(20) if no reply when I get back its MCOL !!

 

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

Link to post
Share on other sites

  • 3 weeks later...

Just got back from my hols and in the stack of mail (mostly bills ) was a letter from mr T Mclean offering me about £3.5k in full and final....... the request was for close on £5k (plus interest etc. ) they are getting better at their offers :-). I think I will reply accepting it as a partial settlement and go for the rest using contractual interest

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Hi Dave

 

Hang in there I rejected Cobbetts first offer 2 weeks ago and received a cheque for full amount Saturday!

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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Here is the letter Mr Tommy sent......

 

It seems like weve been rumbled.... he knows about this site :-)

 

Dear Mr Davefirewalker

 

Thank you for your letters of 8 August and 19 August 2006. I am sorry to learn that you remain dissatisfied.

 

I am sorry, too, for the delay in responding to you. From your own use of the standard letters/paragraphs available on various internet sites, I am sure you will be aware of the significant amount of media comment around bank charges. As a result, we are trying to cope with a significant volume of such complaints, hence the delay.

 

Despite your use of these websites, you may not be aware that the OFT has, in fact, reviewed only credit card charges and has not yet made a ‘ruling’ on current account charges. I accept, however, that they suggested that the same principles may apply. We feel this is unfair without a full investigation, which I understand the OFT may now be considering.

 

Given that there has been no investigation into current account charges, the Bank wiil not be advising you how our charges are made up. This type of information is commercially sensitive, as it might let our competitors know what we do behind the scenes of our ‘excess’ decision-making process.

 

You also comment that you are relying not only on the OFT statement, but on “the general concept of liquidated losses”. To my knowledge, this has not been tested in court when relating to bank charges.

 

All that said, I would like to resolve matters with you. Against that background and as a gesture of goodwill without admission of error or liability, I am offering the sum of £3,446 in full and final settlement of your complaint. Although they have not investigated current account charges, it appears from their statement on credit cards that even the OFT accept that customers should pay some level of default charges, hence my partial offer.

 

Our terms & conditions will continue to apply and any charges that accrue in the future must stand

 

I hope you will consider this to be a fair and reasonable settlement and on the receipt of your signed acceptance, I will make immediate arrangements for payment

 

A prepaid envelope is enclosed for you to use

 

Yours sincerely

 

etc.

 

Well at least it seems like he actually read my letter this time. Refusal of offer on its way.

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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