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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
      • 161 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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arab63 v RBS


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Hi Folks

 

Just received the information from RBS Credit Card regarding charges and letter requesting repayment of £140 will be sent tomorrow.

 

However still awaiting the information from RBS itself regarding bank accounts. The request was received 18 July but the £5 charge was only levied to my account two days ago. Does the 40 days being with the receipt of the letter or when they charge for the information (sent a cheque but the debited my account instead !) ?

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Finally received the information today.

 

Have spend the last couple of hours highlighting and the amount the haqve illegally charged comes to £1340.32.

 

Will send my request for payment on Monday and see what the response is.:)

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  • 2 weeks later...

Hi

 

Can anyone help please ?

 

Received correspondence from both the RBS and RBS Credit Card, as well as Monument, all offering me 50% of my claim in full and final settlement.

Of course I am not accepting, but these offers have been made before I have sent the LBA. Is there a template letter refusing the offer - I see there is one in the library but it relates to after the LBA has been sent and not prior to it.

 

All the offers have been sent on my initial request letters which I was not prepared for !!!! :confused:

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Guest willowb

Hi there,

 

Regardless of when the offers are sent to you all you have to write is that you will accept the offer as part-payment and not as a full and final settlement, which you will be persuing through the courts if the full amount is not offered to you before......words to that effect anyway!

 

Wxx

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Cheers Willow.

 

I have amended John's template letter and have generously given them a further 7 days before I send a LBA.

I have stated that I will not accept their offer as full and final settlement but will continue to pursue for the full amount through the courts if necessary.

 

Hopefully, they will reconsider.

 

Will keep everyone posted.

 

Mike

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  • 3 weeks later...

Hi All

 

Sent the LBA to RBS and had the standard reply from Mr McLean stating that ''charges transparent etc and that the OFT are to be looking into the charges Banks levy in the next 3-6 months and in view of that..... sod off''

 

Do I need to wait for the LBA 14 days before I file a claim online?

 

Also, is there a thread that details the wording to submit in the claim ?

 

Thanking you in advance

 

Mike

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You have to wait 14 days from when you posted the LBA. You have proof of posting don't you? At this stage I would send them another letter expressing your disappointment at their decision and inform them that you will be filing a claim on such a date PLUS interest....enclose a schedule of charges plus interest.

 

Good luck

Wxx

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Thanks Willow.

 

Yes - all correspondence has been sent recorded delivery and copies of everything have been kept.

 

As I live in England, and the MCOL is only for England and Wales, is there a specific RBOS address to use. All the correspondence has come from Scotland and was wondering where the claim should be sent to.

 

By the way the date will be 25 September when claim will be filed.

 

Thanks

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Hi All

 

Sent LBA to RBS Credit Card and received a cheque for £56, being the difference from the amounts charged and the new £12 fee.

 

Have sent back letter, with cheque, refusing amount and will start MCOL on Monday.

 

Wish me luck

 

 

Mike

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Hi - soory to bother you all again

 

I have downloaded the interest spreadsheet before court (for MCOL) and entered all the data.

It says that my total claim is £xyz - is there a separate section on the claim form covering the claim of the costs ?

 

Want to get it right before I file my claim.

 

Cheers

 

Mike

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As far as i remember you just add at the end that you are also reclaiming 'any costs incurred'.....so, the Court fee (£120) and subsequent AQ fee (£100).

 

Good luck with your claim

 

Wx

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Thanks Willow.

 

Another question for you. I have started to file my claim and have saved the info until the 14 days are up, but the costs on the website are only £30 ? Am I missing something from your reply about the costs being £130 and £100 ?

 

Also, if the claim is online, where do you copy your schedule of charges and interest to? Or do you have to print out all the forms and send as well as inputting the online claim? How can you sign the online form ?

 

Sorry for being a bit thick but just quite fathom out the intricacies of the form.

 

Mike

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Thanks for that.

 

With regard to the online claim, how can you sign the form and where do you insert the schedule of charges/interest etc.

 

Am I being totally stupid or do you submit that separately when, presumably, some paperwork arrives afterwards?

 

Sorry, this is my first time filing a claim and just want to get it correct.

 

Thanks in advance to whoever can explain it in layman's terms.

 

Mike

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Thanks for that.

 

With regard to the online claim, how can you sign the form and where do you insert the schedule of charges/interest etc.

 

Am I being totally stupid or do you submit that separately when, presumably, some paperwork arrives afterwards?

 

Sorry, this is my first time filing a claim and just want to get it correct.

 

Thanks in advance to whoever can explain it in layman's terms.

 

Mike

 

 

you sign it when u complete the form, by just typing your name when it promts u to sign it, and dont need to submit scedule of charges to courts yet...thats bit further down the line

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Thanks David.

 

In that case, its all done - just waiting for the 14 days on the LBA to expire before I press that button.

 

There will be a few more over the next week to do after respectfully declining various offers.

 

Will keep everyone advised.

 

Mike

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Hi All

 

I have had a success !!!

 

As well as the RBS claims, I alos did a claim with Virgin (MBNA). After receiving all my transactions, requesting the £718 charges back, sending my LBA, I decided to phone a guy called Colin Pugh on the last day prior to filing a claim.

 

He wasn't available first thing in the morning but phoned back within 15 minutes and by 2.30 that afternoon, I had a refund of £718 plus interest of £310.29 which he rounded up to a total of £1,030. They had already credited my account with £360 as a ''goodwill'' payment so I am just waiting for the remainder to be credited.

 

My donation will be made as soon as.

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Brilliant stuff mate. Well done!

14/09/2006 - Data Protection Act letter sent to my bank.............here goes :D

28/09/2006 - Statements received through the post. Charges appear to be in the region of £2000 :eek:

04/10/2006 - Prelim letter sent for charges of £2037 :rolleyes:

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