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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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shahmh Vs RBS


shahmh
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Hi Guys,

 

I have had bank charges against me ever since I was at university and even now since I started working. I have calculated that I have been charged £940 in bank charges excluding all the maintenance charges. I think this will add up to approx. £1500.

 

So I am starting this process today. And will be reading all of your FAQs before I ask any questions.

 

I hope to get all my money back.

 

Cheers

 

shahmh:smile:

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Good Luck with your claim Shahmh

Statements Recieved:19th july 2006

1st letter sent: 20th July 501pounds

1st letter received:21st July looking into it

2nd letter received:

27th July offering 81pounds as goodwill gesture

Sent Letter back :3rd August asking to reconsider before action.

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Hi Guys,

 

I have written the preliminary letter. Who shall I send it to?

 

Should I also include the interest charges to my overdraft in this aswell?

 

Thanks

 

Shahmh

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14/08/2006

Royal Bank Of Scotland

Dear Sirs

 

Request for repayment of charges

 

 

Due to recent media coverage on bank charges I now believe that you, the Royal Bank of Scotland have been levying charges on my account that are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. I believe that your charges are disproportionately high and therefore they are contrary to these Regulations.

 

 

In addition I believe that your charges are a Penalty, penalty charges being irrecoverable at common law. It has been held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that your charges do not reflect any actual and or real loss. However, if you say that your charges are not penalties, I would be interested if you would demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

 

 

The charges I have paid amount to £1593.70 (detailed in Annex A) and I request that you refund me this amount in full within the next 14 days. This sum represents the excessive charges which you have made to my account. If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

Yours faithfully

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Here's my spreadsheet;

 

Date of ChargeDescriptionCharge04/07/2001Un-paid Item CHQ £23.803009/07/2001Un-paid Item CHQ £23.803012/07/2001Card Misuse POS £12.852012/07/2001Un-paid Item CHQ £23.803023/07/2001Un-paid Item CHQ £25.003026/07/2001Card Misuse POS £10.55 & £10.004026/07/2001Un-paid Item CHQ £25.00 & £3.706031/07/2001Un-paid Item CHQ £25.003002/08/2001Un-paid Item CHQ £3.703003/08/2001Un-paid Item CHQ £25.003006/08/2001Card Misuse POS £8.302008/08/2001Un-paid Item CHQ £25.00 & £3.706013/08/2001Un-paid Item CHQ £25.003014/08/2001Un-paid Item CHQ £3.703016/08/2001Un-paid Item CHQ £25.003021/08/2001Card Misuse POS 12.582029/08/2001Card Misuse POS 19.502022/01/2002Card Misuse POS £21.982019/03/2002Card Misuse POS £19.072008/04/2002Card Misuse POS £4.402016/04/2002Card Misuse POS £12.502008/07/2003Referral Charge for June2009/01/2004Referral Charge for December2009/02/2004Referral Charge for January6011/05/2004Referral Charge for April2008/06/2004Referral Charge for May2008/07/2004Referral Charge for June2021/07/2004Unpaid Item £70.003008/09/2004Referral Charge for August4008/03/2005Referral Charge for March3010/07/2006Referral Charge for June60Total£940Bank Maintenance Charges for going over OD18/07/2001Maintenance Charge1020/08/2001Maintenance Charge1017/09/2001Maintenance Charge1018/10/2001Maintenance Charge1018/02/2002Maintenance Charge1018/03/2002Maintenance Charge1018/04/2002Maintenance Charge1020/05/2002Maintenance Charge1017/06/2002Maintenance Charge1019/08/2002Maintenance Charge1018/09/2002Maintenance Charge1019/05/2003Maintenance Charge1018/06/2003Maintenance Charge1018/07/2003Maintenance Charge1020/10/2003Maintenance Charge20£25 incl. £5 royalties19/01/2004Maintenance Charge20£25 incl. £5 royalties18/02/2004Maintenance Charge20£25 incl. £5 royalties17/05/2004Maintenance Charge20£25 incl. £5 royalties18/06/2004Maintenance Charge20£25 incl. £5 royalties19/07/2004Maintenance Charge20£25 incl. £5 royalties18/08/2004Maintenance Charge20£25 incl. £5 royalties20/09/2004Maintenance Charge20£25 incl. £5 royalties18/04/2005Maintenance Charge28£34 incl. £6 royalties17/07/2006Maintenance Charge28£34 incl. £6 royalties18/08/2006Maintenance Charge28£34 incl. £6 royaltiesTotal£384Interest Charges to Account20/08/2001Interest on Overdraft3.8117/09/2001Interest on Overdraft12.1118/10/2001Interest on Overdraft9.1920/05/2002Interest on Overdraft1.0818/07/2003Interest on Overdraft1.1418/08/2003Interest on Overdraft11.4518/09/2003Interest on Overdraft10.6220/10/2003Interest on Overdraft10.5417/11/2003Interest on Overdraft10.6818/12/2003Interest on Overdraft9.8919/01/2004Interest on Overdraft9.2218/02/2004Interest on Overdraft12.3918/03/2004Interest on Overdraft9.0219/04/2004Interest on Overdraft6.8417/05/2004Interest on Overdraft9.3518/06/2004Interest on Overdraft15.5619/07/2004Interest on Overdraft19.2518/08/2004Interest on Overdraft13.4220/09/2004Interest on Overdraft11.8218/10/2004Interest on Overdraft6.8518/11/2004Interest on Overdraft12.6720/12/2004Interest on Overdraft6.9717/01/2005Interest on Overdraft5.9618/02/2005Interest on Overdraft5.8818/03/2005Interest on Overdraft5.0618/04/2005Interest on Overdraft5.320/06/2005Interest on Overdraft3.4518/07/2005Interest on Overdraft2.3318/08/2005Interest on Overdraft3.3218/11/2005Interest on Overdraft0.6319/12/2005Interest on Overdraft2.0520/03/2006Interest on Overdraft0.2918/04/2006Interest on Overdraft4.7819/05/2006Interest on Overdraft1.1417/07/2006Interest on Overdraft5.718/08/2006Interest on Overdraft9.94Total in interest charges£269.70Grand Total£1,593.70

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guys, can I claim on the interest charged on the overdraft? I had an interest free overdraft (student account) but when I went over my limit I was charged with a fine and interest? Therefore can I get a rebait on the interest charged?

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Difficult one. I would think that if you exceeded your overdraft limit ONLY by the application of penalty charges (ie not because you just overspent), then it would be fair to claim back the interest. You will have to check back for each month you were charged interest to make sure that the fine/interest was because of penalty charges. If in that month there was any overspend by you (your own fault), then you could not reclaim.

 

You will need to make it clear in your spreadsheet that the interest is charged because the penalties were applied. Check through, and see how many of the interest charges are caused solely by addition of RBS penalty charges.

 

What's the entry on your spreadsheet 'royalties'. Is it a £5 service payment for an upgraded type of current account? If so it's not a penalty charge and you can't claim it back - the royalties bit will have to come out of the spreadsheet. I've read the following in another thread: "You can't claim the monthly charges on. for example, your Royaties Gold ac as these are agreed service charges, but you can claim back the excess penalty charges the banks apply on top of them and which they try to disguise by taking at the same time".

 

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  • 3 weeks later...

Can some advise me if I have sent my preliminary letter to the correct address;

Senior Customer Relations Manager at Edinburgh

Royal Bank Of Scotland

Freepost

P.O. Box 1727

Edinburgh

EH12 9JN

Scotland

 

Should I send my Letter Before Action to this address aswell?

Thanks guys

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