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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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Vs RBS


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I live in London and my current account mortgage (CAM) is domiciled in Glasgow Scotland.

 

Does this make any diference?

 

Can I proceed as per outline in this site?

 

By the way. I thought that I may have had one or two charges over the years, not worth the effort - but I decided to have a look anyway. I was stunned when the total exceeded £2000.00.

 

I guess I have been complacent in allowing this to happen, but I intend to claim ....AND .... donate 5% to the site originators.

Mark

RBS -

20/7 First letter 27/7 reply rcd nil offer

4/8 LBA No reply

15/9 Mony claim lodged 28/9 Recieved Notice of defence

18/9 (last possible day) defence entered by Cobbets

19/9 Defence bundle and CPR 18 recieved from Cobbets

20/9 Allocation papers recieved

20/98 recived notice of transfer to local court

21/9 replied to Cobbets

21/9 Completed AQ Due back 6/11

10/11 recived offer of £1300.00 - replied no thanks.

17/11 Allocated to Small Claims Track - Hearing 16/03/07

 

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As you are in england it is governed by English law, follow the guidelines set out in the FAQ's

 

Good luck and keep us posted

 

Natalie

If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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Natalie

 

Thank you. My feeling that was the case, but reading the Scotland group notes I was confused when they refered to £750.00 limits.

 

Thanks again.

 

 

Mark

Mark

RBS -

20/7 First letter 27/7 reply rcd nil offer

4/8 LBA No reply

15/9 Mony claim lodged 28/9 Recieved Notice of defence

18/9 (last possible day) defence entered by Cobbets

19/9 Defence bundle and CPR 18 recieved from Cobbets

20/9 Allocation papers recieved

20/98 recived notice of transfer to local court

21/9 replied to Cobbets

21/9 Completed AQ Due back 6/11

10/11 recived offer of £1300.00 - replied no thanks.

17/11 Allocated to Small Claims Track - Hearing 16/03/07

 

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...I was confused when they refered to £750.00 limits...

 

Yes, unfortunately the Scottish Courts have a much lower figure for their small claims equivalent.

 

However, as stated above, you can stick to English amounts....

 

 

Best of luck

..

.

 

Opinions given herein are made informally by myself 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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  • 1 month later...

I have completed my claim letter and about to put it in the post. Started this tread post progress.

 

Claim - £2129.00 + interst incurred on those charges of £159.64

 

Total claim £2288.64

Mark

RBS -

20/7 First letter 27/7 reply rcd nil offer

4/8 LBA No reply

15/9 Mony claim lodged 28/9 Recieved Notice of defence

18/9 (last possible day) defence entered by Cobbets

19/9 Defence bundle and CPR 18 recieved from Cobbets

20/9 Allocation papers recieved

20/98 recived notice of transfer to local court

21/9 replied to Cobbets

21/9 Completed AQ Due back 6/11

10/11 recived offer of £1300.00 - replied no thanks.

17/11 Allocated to Small Claims Track - Hearing 16/03/07

 

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Bring it on :)

Lloyds Current A/C DPA sent 7th May 2009 Closed and charges wiped Summer 2010.

 

Barclays A/C DPA sent 4th June 2009: no reply, no correspondence as of 2011.

 

Littlewoods Data Protection Act Section 10 sent 09/06/2006 - Fraudulent A/C closed and CRA data removed November 2006.

 

HSBC Default & Debt wiped March 2009 (6 yr Statute barred reached)

 

RBS - Claim 1 - Settled in FULL £766.00 20/06/2006.

RBS - Claim 2 - Settled in FULL £777.95 08/09/2006

 

 

BOS A/C No. 1 & 2

Amount - £586.39 claim plus 8% interest

SETTLED IN FULL 08/09/2006 - CHEQUE FOR £625.25

 

Halifax Visa Data Protection Act Disclosure Received

 

First Direct Data Protection Act Disclosure received

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  • 2 weeks later...

Well first letter sent and recieved the RBS standard 'Dont agree, no refund letter' so will send follow up letter on 3/8/06 14 days after issue of first letter.

Mark

RBS -

20/7 First letter 27/7 reply rcd nil offer

4/8 LBA No reply

15/9 Mony claim lodged 28/9 Recieved Notice of defence

18/9 (last possible day) defence entered by Cobbets

19/9 Defence bundle and CPR 18 recieved from Cobbets

20/9 Allocation papers recieved

20/98 recived notice of transfer to local court

21/9 replied to Cobbets

21/9 Completed AQ Due back 6/11

10/11 recived offer of £1300.00 - replied no thanks.

17/11 Allocated to Small Claims Track - Hearing 16/03/07

 

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Well first letter sent and recieved the RBS standard 'Dont agree, no refund letter' so will send follow up letter on 3/8/06 14 days after issue of first letter.

 

If the bank have already responded, denying a refund, to your first letter then just sent the LBA immediately. You don't want to wait for your money do you?

 

Also remember to add contractual interest.

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  • 2 weeks later...

Well have not ahd a reply to my LBA ,,, so on to the next stage. Any advice?

 

mark

Mark

RBS -

20/7 First letter 27/7 reply rcd nil offer

4/8 LBA No reply

15/9 Mony claim lodged 28/9 Recieved Notice of defence

18/9 (last possible day) defence entered by Cobbets

19/9 Defence bundle and CPR 18 recieved from Cobbets

20/9 Allocation papers recieved

20/98 recived notice of transfer to local court

21/9 replied to Cobbets

21/9 Completed AQ Due back 6/11

10/11 recived offer of £1300.00 - replied no thanks.

17/11 Allocated to Small Claims Track - Hearing 16/03/07

 

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Yep - FAQs.

..

.

 

Opinions given herein are made informally by myself 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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  • 2 months later...

I have followed the procedures to the letter. RBS has entered a defence. I have received from Corbets (their solicitor) and extensive document asking very detailed and in some instances in my view almost impossible questions for me to answer. I have 10 days to respond.

 

Has anyone reach this point that could help?

 

The document is nine pages, bit too much to reproduce here ... and the questions range from ..

 

The one that worries me is ..

 

2.3 In relation to each charge please clarify 9A) is it the case of the claimant that same should not have been charged? (b) if yes: please explain why the claimant contends that the same should not have been charged? © If no; is it the case that of the claimant that the same should not have been charged in this amount? (if yes: please explain why the claimant contends that the same should not have been charged in the amount identified the sum the claimant contends should have been charged. (e) if no; please state the claimant's case.

it seems like a trap.

 

"In your claim you state that the banks charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law

"

4.1 Please specify the clause pursuant to which the charges were applied

4.2 Please specify whether the charges applied were due to breach of contract by the claimant

 

4.3 Please identify in each case the particular breach of contract(by reference to appropriate term of the contract that the charge related to.

 

I am not sure what they are asking here. Are they asking for me to show where I breached the terms of the contract with RBS?

OR are they asking where the common law terms were breached?

 

Clause 6 asks "Please specify the facts relied on by the claimant in support of the contentions and in particular please identify the contractual provisions the claimant alleges by reference to UCTA/the regulations.

 

 

There is heaps more .... pages of legalese ..........................

I understand that all this is probably a smoke screen to test my resolve but I am concerned that in some of the questions I could shoot my self in the foot.

If anyone has experience this far would they kindly contact me and offer advice.

Mark

RBS -

20/7 First letter 27/7 reply rcd nil offer

4/8 LBA No reply

15/9 Mony claim lodged 28/9 Recieved Notice of defence

18/9 (last possible day) defence entered by Cobbets

19/9 Defence bundle and CPR 18 recieved from Cobbets

20/9 Allocation papers recieved

20/98 recived notice of transfer to local court

21/9 replied to Cobbets

21/9 Completed AQ Due back 6/11

10/11 recived offer of £1300.00 - replied no thanks.

17/11 Allocated to Small Claims Track - Hearing 16/03/07

 

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You've been stung by the classic "CPR Part 18 Request" from Cobbetts. Rather than me going into this in detail here - it's been discussed frequently on other threads - try a search on "Part 18" and see what you come up with. The general consensus is that if your claim is under £5,000 and likely to be allocated to the small claims track, you are under no obligation to answer these Requests in full. Rather than not answering them at all, you should fire off a letter to Cobbetts - some threads have suggested templates of letters.

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Thank you.

Will do the search straight away.

 

Mark

Mark

RBS -

20/7 First letter 27/7 reply rcd nil offer

4/8 LBA No reply

15/9 Mony claim lodged 28/9 Recieved Notice of defence

18/9 (last possible day) defence entered by Cobbets

19/9 Defence bundle and CPR 18 recieved from Cobbets

20/9 Allocation papers recieved

20/98 recived notice of transfer to local court

21/9 replied to Cobbets

21/9 Completed AQ Due back 6/11

10/11 recived offer of £1300.00 - replied no thanks.

17/11 Allocated to Small Claims Track - Hearing 16/03/07

 

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Have now completed the Allocation questionaire 149 (Small claims) .... It came with a notice of transfer to the closest court to me (Woolwich) which is good news, just in case.

 

I have also replied to Cobbetts giving them the basics od account number and complete schedule of my claim. I did not respond to the CPR part 18 request.

 

See what happen next. The costs are now up to £220.00 so when they do settle they have gone backwards by this amount and Cobbetts cost. Strange how sometimes they settle and others they make you jump through the hoops. Seems they test the water every now and again to see how serious some people are.

 

I must state I did panic when the CPR part 18 arrived and I would like to thank those that help, advised and supported.

Mark

RBS -

20/7 First letter 27/7 reply rcd nil offer

4/8 LBA No reply

15/9 Mony claim lodged 28/9 Recieved Notice of defence

18/9 (last possible day) defence entered by Cobbets

19/9 Defence bundle and CPR 18 recieved from Cobbets

20/9 Allocation papers recieved

20/98 recived notice of transfer to local court

21/9 replied to Cobbets

21/9 Completed AQ Due back 6/11

10/11 recived offer of £1300.00 - replied no thanks.

17/11 Allocated to Small Claims Track - Hearing 16/03/07

 

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  • 4 weeks later...

Well, time marches on. Settlement offer received and rejected. I have reached the point now where I would really like to take them on in court because I am confident that I could make an educated and coherent argument for my position. I have worked out that my maximum over limit was £250.00. So if they had not taken the first 5 charges I would never have gone over limit later in the account history. The reality is that 95% of the charges were made because of 5% of the charges having an effect on my account. I was tempted to ask them for more to settle but thought better of it and would be happy to get my money back.:)

Mark

RBS -

20/7 First letter 27/7 reply rcd nil offer

4/8 LBA No reply

15/9 Mony claim lodged 28/9 Recieved Notice of defence

18/9 (last possible day) defence entered by Cobbets

19/9 Defence bundle and CPR 18 recieved from Cobbets

20/9 Allocation papers recieved

20/98 recived notice of transfer to local court

21/9 replied to Cobbets

21/9 Completed AQ Due back 6/11

10/11 recived offer of £1300.00 - replied no thanks.

17/11 Allocated to Small Claims Track - Hearing 16/03/07

 

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Well I have now recieved the Notice of allocation. Set for the Woolwich court for March 2007. Just a wait now, it is going to be a long 4 months. If any further offer is to be made I think it will be at the eleventh hour, as this seems to be Cobbets methods.

 

Interesting notes.

Judge Backhouse in reviewing the papers issued the following directions:

"(1) CPR18 does not apply to small claims. The court nothing that the Claimant has provided to the defendant his account details and a schedule of charges claimed, the court does not think it appropiate to order the Claimant to provide futher information(CPR 27.2(3)). The Claimant is not obliged to answer the defendant's request for Further Information dates 18 October 2006".

 

As you will note from ealier posts I did not answer and return the CPR18 because of advice recieved from the site.

Mark

RBS -

20/7 First letter 27/7 reply rcd nil offer

4/8 LBA No reply

15/9 Mony claim lodged 28/9 Recieved Notice of defence

18/9 (last possible day) defence entered by Cobbets

19/9 Defence bundle and CPR 18 recieved from Cobbets

20/9 Allocation papers recieved

20/98 recived notice of transfer to local court

21/9 replied to Cobbets

21/9 Completed AQ Due back 6/11

10/11 recived offer of £1300.00 - replied no thanks.

17/11 Allocated to Small Claims Track - Hearing 16/03/07

 

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