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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
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    • 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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Kazandy v Royal Bank of Scotland


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in the libraries preliminary approach letter it states 'DON'T FORGET TO INCLUDE YOUR SCHEDULE OF CHARGES WITH THIS LETTER'

can anyone explain 'schedule of charges to me'? or put me in the right direction to look for it.

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Some banks have been delaying things at pre-court stage by claiming they never got a schedule of charges, which is basically, amount of charges, date charged, type of charge, etc... In order to stop that kind of behaviour, we have altered the template and suggest you send a detail of the charges rather than just putting a total amount.

 

.

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for example i would put £500 unpaid items

£500 referal charges

or do i have to date every charge i am claiming back.

 

thanks for your advice and speedy reply

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No, that's the whole point. In your letter, you would say "you have taken xxxx from me", but in your schedule of charges, you'd detail: x date - unpaid d/d - £xx, x date - unauthorised monthyl charge - £xx, etc, you get the idea. Or you could do it from the spreadsheet in Library, might be quicker that way, and it will be done for when you file in court!

 

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got it, ive got to itemise every charge made against me,ie if there has been 30 seperate charges , i must date them and show the amount charged.

i hope i have it anyway!!!

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i'm sure if i wasn't sure others may be in the same boat so this will help others too.

going thru my bank statements there was around £700 of charges from april/may 2000, because this is six years and two months ago can i kiss these fees goodbye? thanks again

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can anyone help,i'm just about to use the spreadsheet to work out a schedule of charges for my preliminary approach letter .

(i know not to mention interest at this stage) but i'm not sure how the interest thing applies.

am i claiming loss of interest on my charges? for example a £30 charge from 08/06/2002 would incur interest charges of £3.21.

however on the example it shows cleared transactions and an interest charge,this bit has me confused,why wold it show cleared transactions?surely we can only claim for bank charges

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Firstly, if it is the 8% interest you are talking about, this is only to be added when raising your claim in court. If you feel confident with spreadsheets, take a look at the second one in the library.

 

Don't worry about the examples. You are right only to claim the charges they have made.

 

Come back to me if you need further help.

Vamp.:)

[

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You may have been charged interest on your account. If so, some of this has been applied to unlawful penalty charges and is reclaimable, but the calculation is complex. Read the notes in my spreadsheet, and see if you want to go for that too.

[

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i'm very new to this,but as soon as you mention complex i feel this would cause complications and not worth the hastle, i'm sure ' keep it simple ' would be the best advice.

also while you are there can i claim back 'referall fees'?

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It's for the best.

 

They can't claim they never received the letters then can they?

 

It's £1.00 including the postage, so not too expensive.

A&L: Settled - £6,200

HFC: Settled - £800

Shell Visa: Settled - £250

Egg: Settled - £700

Mint: Settled - £1200

RBS: Settled - £850

 

The opionions in this post are guaranteed to conform to the laws of physics, but pretty much nothing else...

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I shouldn't worry too much. I sent my first 3 letters un-recorded because I didn't actually have three quid!

 

The fact that the cheques get cashed (they're very good at cashing cheques) is proof enough. When it gets to the sharp end though - RD is favourite.

A&L: Settled - £6,200

HFC: Settled - £800

Shell Visa: Settled - £250

Egg: Settled - £700

Mint: Settled - £1200

RBS: Settled - £850

 

The opionions in this post are guaranteed to conform to the laws of physics, but pretty much nothing else...

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  • 2 weeks later...

as i understand the oft states 'it is unreasanable to expect banks to keep records dating back more than six years' and therefore we can only claim up to the last six years.

however i have asked my bank for the last six years statements and they have sent me severn years statements, does this give me the green light to go for severn years worth of charges?

they cannot say they don't have the records as i have just recieved severn years worth!!

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it just depends how long the bank keeps its records' i've just got back statements from 1995, the limitation act says you can only pursue a claim for 6 years, if i were you i'de just claim the last 6 years anything more use a seperate claim

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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after recieving my bank statements the amount i will be claiming for is around £6500,i know it is better to claim below £5000.

can i split my claim up into dates? ie initial claim 28-june 2000 till 28-june-2003. then the next claim 29-june-2003 till 29-june- 2006

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