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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
      • 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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This is all getting too much. ***WON***


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I have other threads on CAG at present, the main one I have is about my battle with creditors following the death of my husband a little while ago.

That is hard enough to bear but now RBS are pursuing me (and my husband) for debts that were settled in Jan 2007.

 

The background briefly is that we were in debt to multiple creditors following the loss of my husband's business so entered into a DMP with the CCCS.

At the end of 2006, we sold a house we had in order to offer F&Fs to all our creditors and start again. The mortgage was with RBS and they would not release the final mortgage settlement figure until we agreed to pay everything we owed them first from the profit. We reluctantly agreed as we were desperate. All this was dealt with by RBS's solicitors, Shakespeares in Birmingham.

 

We continued with the DMP as we no longer had the funds to offer a reasonable figure to our creditors to clear the remaining debts.

 

At the beginning of this week, a letter arrived addressed to my deceased husband's business saying he owed RBS on a business loan. I telephoned RBS and was told they could not find the reference number I gave them so could not give me any information.

I wrote to them telling them my husband was dead and the debt was cleared nearly 2 yrs ago.

 

This morning, 2 more letters have arrived from RBS. One addressed to me and one to my husband formally terminating our overdrafts...which were terminated about 3 yrs ago and repaid from the house sale...and asking for payment :confused:

 

I am at my wit's end.

 

The strange thing is, when I reclaimed our bank charges last year, initially RBS refunded the charges to my account which had already been terminated the previous year and I could not get them because(according to the RBS) the account was OVERDRAWN by £1000:confused:

I contacted Shakespeares solicitors who confirmed that the balance on all our accounts was zero but...."somebody" had not passed the money from the house sale across to RBS :-x The solicitor graciously said the extra interest incurred would be wiped off ...very kind considering we didn't even owe it.

 

I cannot believe this is happening.

 

I feel like giving up or throwing myself in the river. I just can't sort all this mess out as well as dealing with my husband's estate, my own creditors and my grief.

Can I write to my MP? I have read thet writing to the OFT is a waste of time....I saw that on a post by Bankfodder.

 

Please tell me what to do.

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Me? I'd send them a letter telling them to sod off and to see you in court once they've worked out whether there's anything your late husband actually owed and reminding them that if the judge agrees he did, then they'll have to take their turn in their share of the estate. You might want to point out to them that since the original terms were for a F&F (if I understand you rightly, I am a bit confused as to who was owed what), then F&F it is and if they have made an internal error, then that is their problem not yours.

 

You could try to ask that since the error was theirs and theirs alone, they should write off any alleged amounts as a gesture of good will, pointing out that they are unlikely to get the full amount any time soon if at all once you submit an I&E sheet to the judge, that is if they can even prove you owe the money in the 1st place.

 

I have to say it looks like a fishing expedition to me, but then I don't know the extent of the financial knots you're trying to unravel. If as far as you knew it was all paid off, then that's where you start from to deal with it, it isn't your duty to make sure they pay themselves first and if it was an internal error, then tough.

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Thanks so much for both your replies.

I know I am not explaining things very well but it is so difficult to get my brain to process things logically.

 

All the RBS debts were settled in Jan 2007 from the proceeds of the house sale and they were removed from our DMP Creditors list by CCCS.

However, according to the letters I received last week from RBS, we have made partial payments towards the debt on Sept/Oct 2008. How my husband managed this when he died 3 months previously I cannot imagaine.

 

But there is no debt to RBS. It wasn't even a Full and Final partial payment...RBS got every penny they said they were owed before we received the balance of the house profit.

 

I will try and calm down and attempt to compose a letter to the OFT and the FSA.

 

I feel like going to the Press as JonCris suggested on my other thread relating to my husband's death and his debts....RBS have already written off his CC balance.

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Then write back to them and say what you have told us here:

 

 

Dear Morons,

 

All the RBS debts were settled in Jan 2007 from the proceeds of the house sale and they were removed from our DMP Creditors list by CCCS. You got every penny you said was owed before we received the balance of the house profit.

 

If you have made a mistake in attributing those monies as you acknowledged on the phone in our conversation of [insert date], then that is really your problem, not mine. I remind you that I have more than enough to deal with seeing I have recently lost my husband without having to deal with your accounting mistakes, a worrying state of affairs for a bank incidentally.

 

May I respectfully suggest that you write off the alleged debt, show some understanding of the painful situation I'm already in and please stop hassling me for your mistakes?

 

Yours etc...

 

That's the kind of thing I would send anyway. If your situation is really bad, add an income and expenditure sheet to show that you can't repay anything towards the alleged debt anyway, something which shows that they'd be unlikely to get more than £1 a week if they're lucky should they go to court AND win it... ;-)

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Bookworm I have printed off letters to send to RBS using your template. Thanks.

I have asked them how on earth they can record a credit to the account in October 08 as I have had no correspondence from them for over 18 months.

I will give them time to reply and then send an SAR...don't want to waste £10 if I can help it.

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I hope you changed a few words first!!!! :shock: I mean, WE know they're morons, but it wouldn't do calling them that to their faces!!! :lol:

 

 

Sorry, was I supposed to adapt them :D:eek:

 

I have sent them off...suitably altered for the sensitive little souls...bless.

 

Have to say...for the moment I'm feeling very proud of myself :smile:

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I have been reading loads of threads on CAG...as you do ;)

I have had a thought.

The letters that have arrived from...supposedly...RBS...are for 2 overdrafts which I believe are not covered by the CCA so I could not CCA them and a business loan in my husband's name.

Are business loans covered by the CCA?

 

On a thread I was reading it said that a company does not have to comply with a CCA request if an account is closed....does this apply to an Subject Access Request?

As the business loan would have been closed when the balance was paid off following the house sale, if RBS write back and say the account is closed...haven't they shot themselves in the foot?

 

Interestingly, there were about 7 RBS accounts that were cleared at the time from the house profit, but I have only had letters about 3 of them. I wonder if RBS have sold the ones that aren't covered by the CCA?

 

I bet that is as clear as mud but i know what I am trying to get at.

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It does not apply to a SAR. The bank have to comply whether the account is open or closed. If your husband has passed away then they do not have to comply with a SAR since the Subject is deceased(so his accounts). However, they do have to comply with a request from the executor of his estate for copies of all account statements. It does seem very odd, as accounts would be frozen at the date of death on single accounts. Worth checking if they have the fact that he has passed away.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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RBS should have a central estates team(apologies, I work for NatWest which does have). Worth giving customer services a call and asking them. They(Estates Team not customer services) will be shut by now but open 8 til 6 with NatWest(I suspect it may deal with all RBS Group customer deceased accounts).

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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  • 4 weeks later...

On Christmas Eve, received a grovelling apology from RBS saying thatt eh threatening letters were a "computer error".

All accounts now stand at zero and please please forgive us for disturbing you at this difficult time :D

 

I hope someone has had slapped wrists although I doubt it.

 

Thank you everyone who responded to my original posts.

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On Christmas Eve, received a grovelling apology from RBS saying thatt eh threatening letters were a "computer error".

All accounts now stand at zero and please please forgive us for disturbing you at this difficult time :D

 

I hope someone has had slapped wrists although I doubt it.

 

Thank you everyone who responded to my original posts.

 

I'm glad it's all sorted...enjoy the new year.

 

Mmmmmm RBS seem pretty good at bringing dormant accounts back to life?

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

Winston Churchill

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Superb. :-)

 

Now if you wanted, you know you could write back saying: "not good enough, you put me through weeks/months of anguish and hell at one of the worst times of my life, what are you planning to do to compensate me?"

 

Punish them through the only language they understand: their pockets. There's no reason they should get away with a letter of apology, if you hadn't stood up to them, they would have pursued you relentlessly, regardless of your circumstances. :mad:

 

OTOH, I can understand if you are so relieved you just want to forget all about it, but it's worth thinking about, you have nothing to lose by sending one letter. ;-)

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I agree with Bookworm completely...they have admitted sending you threateneng harrassing letters, in a most difficult time for you that amounts to aggrevated severe distress anguish and pain....you thoroughly deserve substantial compensation from RBS.

Later when you feel more up to the challenge I would inform them so.

 

sparkie

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Bookworm and Sparkie1723....you have no idea how ready for a fight I am getting :D

 

I have been using my time at home since DH died (and my brain is gradually recovering) to read up as much as I can about Consumer Law. Of course, I am still terrified when I get one of "those" letters but I am not losing sleep over them any more.

 

I have now CCA'd all bar 2 of my creditors and had no CCAs back. The most recent was Home Retail Group for a Homebase Card and they are way past the 12+2 timeline now.

I will start a new thread for this but not sure where to start it.

 

In the New Year I am going to withdraw from the CCCS DMP and go it alone.

 

And consider what letter to send off to RBS...may they rot in a hot place.

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  • 3 weeks later...

Ok. Help needed again.

I had put the matter of compensation tot he back of my mind for now until this morning.

 

Received a letter from RBS about my overdraft account (which was paid off in full in Jan 2007 saying, basically "pay up or else".

I phoned RBS and yet again, the person couldn't locate the account from the reference number I had on the letter.

He gave me another number to ring and the person there couldn't find it either. Neither could she trace the reference number that was on the letter I received saying my husband's accounts had been cancelled and they were very sorry for contacting me.

 

The stupid thing is, today's letter about my alleged debt shows a "partial payment" of £300+ made to the account on 16.12.08 :confused: which is the day after the letter I received from them to say my husband's accounts have been cancelled :(

Needless to say, I have not made any payment to this account for 2 years as it was settled in full 2 years agao.

 

The advisor asked me to send in the letters with a letter of complaint. But why should I? I have already done this with no effect whatsoever.

It is costing me time and money, not to mention the distress.

 

I need a really cutting reply to send and a person I can complain to who will actually do something to stop these letters. And I want some compensation as Bookworm suggested previously.

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