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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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steveandluc v Royal Bank of Scotland


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I sent in my Data Protection Act request in mid june, should have received statements last week. Phoned to chase 2 weeks ago & was told it would be another week as they were getting a lot of these through. Still not arrived so i phoned customer relations again today. Guess what ? My statements have been produced & destroyed as they didn't know where to send them. I was not a happy chappie.

 

Another delaying tactic.

 

Just had a call from my branch, very apologetic, re-ordered statements for me urgently.

 

Should I let it go or report them to the information commissioner ? Is it worth it ?

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  • 2 weeks later...

My statements have finally arrived, however, the earliest 6 months statements are missing. As they were late in providing them, I had a friendly followup call earlier today from a lady at my branch, checking if they had arrived. She's going to order the earlier ones again.

 

I'm now in a dilemma.

 

I've been through the statements and there's over £7000 in charges. Not including interest. Obviously I'm eager to get things moving, but as the total's over 5k I was going to work forward from the earliest charges until I hit the 5k and go for that lot first. Can't do that now until the earliest 6 months arrive. The charges are mainly recent though, with the earlier statements having the odd £10 on them but nothing more.

 

So, should I wait ?

 

Should I forget the earliest ones & start from the earliest I have ?

 

Should I go for the whole lot in one go and change the amount later ?

 

Or, is there anything I can add to the preliminary letter to say that I'll be revising the claim when the earlier statements arrive ? There may be loads more, who knows.

 

Any thoughts gratefully received.

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Hi, I don't think the amount has to be set in stone until you file moneyclaim, I revised the figure on my LBA to include a charge incurred in the period in between and this seems to be ok, as long as the spreadsheet of charges agrees to the amount you actually claim in the courts you should be fine!

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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  • 2 weeks later...

Today, 14 days exactly from delivering preliminary letter, received fob off letter, we believe charges are fair etc, but offering just over £1500 as a good will gesture.

 

I had the LBA letter all ready to go, will have to rewrite now to include a 'thanks but no thanks' bit.

 

Is it normal to get an offer after preliminary letter ? Also, the letter was from my business advisor at the branch, not a central unit.

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  • 4 weeks later...

I should have started court action last week, but didn't get round to it. Finally started a claim on moneyclaim yesterday. BUT, received a letter this morning (dated 21st September) from Tommy McLean agreeing to meet the claim in full.

 

What to do now ?

 

I've started the claim already & added the 8% interest so it's more than the full amount being offered.

 

The letter also states the usual full & final settlement bit, and that any future charges will stand. I've already got other charges to go after as I split the claim. I'm also intending claiming on my business account.

 

Is it worth phoning him direct, or is it better to write back ?

 

Any help gratefully received.

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its up to you Steve, but I'd point out that his reply was well outside your 14 day time limit and therefore you're entitled to the 8% interest as you have now filed a claim. Its not like they're going to go to court over it!!!

 

Stacy xx

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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Thanks folks. Was originally inclined to carry on with the claim but realised I'd made a mistake on moneyclaim. Added the interest to the details of the claim but forgot to add it to the total (idiot - more haste less speed etc). So I'd have to re do the claim which would a) cost another £120 and b) may not look too good if I raised another claim after receiving an offer of full settlement, especially as I've split the claim anyway. So I think I'll accept & start going after the rest. I could really do with the money.

 

Thanks again to all who've offered advice. I'll keep you posted.

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You won't have to do a whole new claim - you can request an N244 from from the court to amend the claim, I think its £35 and non-refundable, but its better than £120! If you get in touch with the court and tell them you need to amend the claim, they should point you in the right direction and send you out a form. To be honest I don't know that much about it but there are a few people on here who have amended their claims, I know BigCol is one of them at least.

 

Please don't give in now... you should hold out for the full amount. Think how much further that money will go as opposed to the smaller amount they've offered :) Good luck!

~

:p I'm a lover, not a fighter... well, most of the time :razz: ~

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