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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
        • Like

Flyingdoc v RBS


flyingdoc
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Sorry for the long post but here is My Story

 

After a bad divorce and period of mental aberration I found myself with my house reposessed (hallifax - another story) and several thousand pounds in debt.

 

I was still working fortunately but my wages didnt quite cover my outgoings and so I was slipping further and further in.

 

In 2004 ish I consolidated (yet again) with the RBS into a loan of 25000

 

Still slipping further and further down - got made redundant which didnt help (and the ppi of the loan wouldnt pay out)

 

got another job but still not earning quite enough...

 

got behind on payments from the loan.

 

A good friend of mine offered to help and we actually went into branch and he offered to make some payments on the account - they refused saying that they couldnt accept any payments other than to bring it fully up to date - without putting it into default.

 

They defaulted and I reached a payment agreement with them which I maintained.

At this time I calculated with the default mortgage, credit cards and this loan I was close on £75000 in debt.

somewhere in this morass a bright light - I married a wonderful woman :)

When bank charges first hit the headlines I reclaimed 3500 off them in charges which went straight into the loan account to catch up arrears.

 

Today the outstanding balance on my loan is just over 18k. I sent the agreement off to a company to get it checked for legality and they said that it was not valid - so I wrote to the bank.

 

My letter went something like this

 

Dear RBS

 

regarding this loan

 

I have had the agreement scrutinsed by an expert in this field and he has advised that it is in breach of several key sections of the consumer credit act. Not least of section 127(3) and as such would be unenforceable by the courts.

I have also been informed that in all liklihood the Payment Protection Insurance attached to the loan has been mis-sold and not only would I be entitled to claim back all payments made (plus interest) but as you did not declare the commission you earned on this policy - I would be entitled to have that paid to me too.

A leading solicitor has offered me a Conditional Fee Aggreement deal in order to pursue this, in which he estimates that if we are successful he would expect to recover my damages, plus between 10 and 25 thousand pounds in costs.

 

However. As the business In which I am involved still banks with you, I am willing, as a gesture of good will, not to pursue this course as long as we can reach an amicable agreement between ourselves.

 

With this in mind I am making you an offer, in full and final settlement of the loan, of £1.

 

Should you not be willing to accept this offer I will have no choice but to instruct my solicitors.

 

 

Yours.....

 

 

Initially I heard nothing - then my wife (joint account on the loan) started getting threatening letters which they didnt copy me in on (normally a duplicate letter goes to both)

 

I sent a letter to them saying this was not acceptable and was clearly harassment of the person considered to be more likely to be bullied. (they obviously dont know my wife)

 

Their head of customer services wrote to say that after a full and thorough investigation she had determined that there was no ppi on the loan and so she could not comment on that complaint.

 

I wrote back saying that as I was holding a copy of the agreement in my hand - complete with 6590 premium listed - my confidence in her thorough investigation was not very high.

 

We have had the - we are looking into this - please have a leaflet letter and are awaiting the next move from the bank......

 

watch this space.

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Ah the caring, thorough RBS. My favourite bank :rolleyes:

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally 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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  • 3 weeks later...

Hmm, sounds as if Mrs Flyingdoc has a similar temperament to Mrs Goldlady - after I stopped lying on the floor when anyone knocked at the door having discovered CAG and my rights.:D

 

I wish them luck - as they will need it more than you and Mrs Flyingdoc:eek:

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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