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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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smoorach V bos.... let battle commence


smoorach
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i have started this thread maybe a little early as i am awaiting my complete set of statements but thought id be prepared as i am finding all this info a bit of a minefield and will probably need to ask lots of questions. unfortunately i have paid two separate lots of ten pounds as i didnt realise i could do two accs on the one letter. duh. at the moment i am paying roughly £98 per month on two accounts so expecting my claim will be quite large. wish i had known i could do this a while ago as i had a credit car with rbs. in total i had spent just over £800 but when they had added default charges the total was over £4,500. as it was mounting up i stuck me head in the sand and hoped for a miracle unfortunately all i got was a breakdown. my partner paid it off for me otherwise god only knows where i would be today. this all happened over five years ago so dont think i can do anything about it now however no bank will get away with it any longer with great sites like this one on the go. as soon as i get my statements through i will post here. please look in and keep me on the straight and narrow.

 

bos~ Data Protection Act sent

~ statements received

~ owed £1766.82

~ prelim letter sent 30/08/2006:grin:

 

bos Data Protection Act sent

~ statements received

~ owed £1217.86

~ prelim letter sent 30/08/2006:grin:

jules

bos~ Data Protection Act sent

~ statements received

~ owed £1766.82

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

bos Data Protection Act sent

~ statements received

~ owed £1217.86

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

court date issued of the 17th november

27th oct full offer totalling everything including 8% interest court costs and £10 dpa sar..... one down next to go.

 

rbs~ Data Protection Act sent off 21/09/2006:mad:

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ok got to the first hurdle now so wish me luck. im hoping they wont make this too hard as im still not sure what im doing however getting loads of help via chatroom so here goes

bos~ Data Protection Act sent

~ statements received

~ owed £1766.82

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

bos Data Protection Act sent

~ statements received

~ owed £1217.86

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

court date issued of the 17th november

27th oct full offer totalling everything including 8% interest court costs and £10 dpa sar..... one down next to go.

 

rbs~ Data Protection Act sent off 21/09/2006:mad:

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just discovered that the credit card was still being charged to my account in 2002 so am trying to get info from rbs on this. letter in tomorrow requesting data. took zoomans advice and paid a trip to local court for a while to see the set up cant reccommend this highly enough as it subdued the nerves and made me feel a little more confident. also decided to take my first approach letter to the bank in person. best sport ive had in a long time they ran round like headless chooks lol try it its fun for the boot to be on the other foot made them really squirm.

bos~ Data Protection Act sent

~ statements received

~ owed £1766.82

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

bos Data Protection Act sent

~ statements received

~ owed £1217.86

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

court date issued of the 17th november

27th oct full offer totalling everything including 8% interest court costs and £10 dpa sar..... one down next to go.

 

rbs~ Data Protection Act sent off 21/09/2006:mad:

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And don't worry about paying two lots of £10 SAR fees, you'll be getting them back in due time!! Are you claiming in Scotchland!? :)

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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glad im getting them all back however felt a bit silly admitting it as i had read through the faql quite a few times. never mind though lol maybe i should work in a bank where the policy seems to be to charge needlessly. i am putting these two cases through the scottish court system however i may do one of the others through the english system as the £750 limit makes things fiddly and then i can do a comparision between the two. might as well gain something out of this as knowledge as well as my money of course hehehe. actually quite looking forward to it. would be nice if i get this done in time for christmas. just one point.... i have no overdraft outstanding and ive paid everything off so if they close my accounts i have nothing to lose. am going through the process of finding out my credit score at the moment and if there is anything dodgy on it THEY had better watch out.

have spent quite a few hours in the chat room and the support is absolutely amazing. thanks guys i wouldnt have the confidence to do this on my own

bos~ Data Protection Act sent

~ statements received

~ owed £1766.82

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

bos Data Protection Act sent

~ statements received

~ owed £1217.86

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

court date issued of the 17th november

27th oct full offer totalling everything including 8% interest court costs and £10 dpa sar..... one down next to go.

 

rbs~ Data Protection Act sent off 21/09/2006:mad:

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ok well got my credit report back and lo and behold there is an entry on it fir a defaulted bos loan for £2452 which has an outstanding balance of £2452 from 2002....... surprised? well i bloody was . especialy as ive never had a loan with bos. so its off to the bank i go in the morning as apparently according to the amoeba i spoke to at bos telephone banking they cannot do anything computerised about this and it all has to be done manually????? not sure which disney book she got this info out of but will see what is said in morning..... WATCH THIS SPACE

bos~ Data Protection Act sent

~ statements received

~ owed £1766.82

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

bos Data Protection Act sent

~ statements received

~ owed £1217.86

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

court date issued of the 17th november

27th oct full offer totalling everything including 8% interest court costs and £10 dpa sar..... one down next to go.

 

rbs~ Data Protection Act sent off 21/09/2006:mad:

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  • 3 weeks later...

ok just to update this thread i am now getting a bit worried as ive 7 days left before i file at court and i havent heard a single word from them....nope not one. popped in to see my bank manager who assured me the letters had been forwarded to the right dept and they would be in touch with me before the 19th. that was two days ago and still nothing. is this usual?

bos~ Data Protection Act sent

~ statements received

~ owed £1766.82

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

bos Data Protection Act sent

~ statements received

~ owed £1217.86

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

court date issued of the 17th november

27th oct full offer totalling everything including 8% interest court costs and £10 dpa sar..... one down next to go.

 

rbs~ Data Protection Act sent off 21/09/2006:mad:

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  • 2 weeks later...

update.

ok well today i filed at court and wanted to put these steps down, costs and time guides for others who are thinking of claiming so bear with me here as i go through it all.

step one..... requested my statements........done within the forty days

step two......prelim letter handed in on ........30/08/06

step three....lba handed in on ......................14/09/06

no communication from the bank other than to say it is being dealt with. oh yeah right so file it in the bin guys see if i care. ill see you in court. lol

step four.....court papers submitted on .........03/10/06

ok so costs well it was £10 for dpa sar

£39.00 court fee for summary cause..(this was advised by court instead of splitting claim so much and carries a limit of £1500.00 instead of the £750.00 for small claims it means i could be liable for costs upto £750.00 if and only if i lose which is highly unlikely and only then if the judge awards them costs against me again highly unlikely as i am taking this to court myself)

id just like to add here please if you have any queries ask your court as they are most helpfull and will do thier best to answer any questions you have they will also check your documents submitted if you ask them to. which im glad i did as the wrong form downloaded and it was almost the same as the one i should have used. they spotted it gave me the right form and waited until i had filled it in.

£15.00 to get sheriffs officers to serve papers this is the fee if they can do it by post so i asked which address was most likely to have someone who would sign for it and was told to send it to bos address at rosyth. if they cant do it this way it costs you a further £28.00 to serve personally. this has to be done by a solicitor or sheriffs officer.

this has to be better than doing it on the internet hehehe i havent enjoyed something so much for ages. anyway now just need to wait for the court to get in touch.

i hope some of you newbies find this informative as i realise there is a lot of information on this site for you to read through and not all of it is very clear. so im trying to set this out as simply as i can to give you a real idea of what you have to do and how much it will cost...(you just now, but ultimately the bank as you get these costs back)

if theere is anything i havent covered on here that you think would be good to include please let me know either on this thread or by pm

good luck to all who dare.

bos~ Data Protection Act sent

~ statements received

~ owed £1766.82

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

bos Data Protection Act sent

~ statements received

~ owed £1217.86

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

court date issued of the 17th november

27th oct full offer totalling everything including 8% interest court costs and £10 dpa sar..... one down next to go.

 

rbs~ Data Protection Act sent off 21/09/2006:mad:

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  • 4 weeks later...

ok my court date was allocated a week after filing. 17th november.

however this morning i received a full unconditional offer.

wooooooooohoooooooooo

iwon i won i won. lol

many many thanks to CAG my donation will be in on monday or tuesday when money clears into account.

bos~ Data Protection Act sent

~ statements received

~ owed £1766.82

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

bos Data Protection Act sent

~ statements received

~ owed £1217.86

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

court date issued of the 17th november

27th oct full offer totalling everything including 8% interest court costs and £10 dpa sar..... one down next to go.

 

rbs~ Data Protection Act sent off 21/09/2006:mad:

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Yey Congrats Smoo.

EnjoyXX

LIP

ABBEY

DPALetter received by bank on 100406.

£10 Cheque cashed by shABBEY on 200406.

14 statements received between 8-10 0506.

40 day limit reached on 19/5/06.

LBA sent special delivery on 20/5/06

7 days up on the 270506 for the LBA

Prelim approach for repayment for an estimated amt sent. 14 days up on the 200606.

DPAorder for NON-Compliance served 220606. Expires 060706

Final LBA sent, 14 days will be up on the 060706.

Defence from shABBEY received for DPANon compliance 050706

Financial claim deemed served to shABBEY on the 220706

AQ for DPANon Compliance handed in to court on 24706

Defence and 50% offer for Financial claim received 140806

AQ for Financial Claim received 170806

AQ for finacial claim handed in 010906

Hearing 4 amended claim 270906

Fast track Allocation 270906

Disclosure ordered 191006

shabbey failed to disclose 191006

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