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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 
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    • 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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preliminary approach for repayment letter


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no interest from onset. apply interest once money claim is filed online.

I have no idea about this whole contractual interest thing. it was all to complicated for me, i just added up all the charges and claimed for that amount.

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The preliminary approach for repayment letter includes the text below.

 

What I require

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX .

I enclose a schedule of the charges which I am claiming with this letter

 

Surely this means you should include the interest?

 

Still confused

Falkirkjambo

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  • 3 weeks later...

I sent my Preliminary approach for repayments letter request along with the spreadsheet which calculated the 8% interest as it was all very confusing. So far the bank have replied with a standard we will look into your complaint with 4 weeks blah blah..... so am now on to the next step. They didn't toss my claim back soi guess it is ok? Sorry not to be any more helpful!

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To clarify for all:

 

In the pre lim letter where it says total charges + interest the interest it means is OVERDRAFT INTEREST ONLY as if the banks charge you and it takes you over your limit and then they charge you interest on it. You CANNOT claim this if this is only part of your agreed overdraft or if it wasn't a charge that took you into it.

 

The 8% is NOT part of the pre lim or LBA letters as only something you use when filling your claim, you shouldn't send this into them even if it prints on the spreadsheet, you need to cut it out or delete the interest collumns till you reach filling your claim for court as this will cause confusion and will result in problems when reaching court. Any other questions about this iam happy to help.

 

Good Luck people. Keep us updated.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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thanks for the info, but unfortunately I mis understood when I did my prelim Req for payment and sent in the spreadsheet complete with 8% calculation added.. I received a standard sorry you're not happy letter, and now need to send my LBA. Have I stuffed up my chances of being successful? Should I re-send with amended figures? HELP......

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have sent letter requesting statements etc... Natwest have breached on 40 day deadline, have spoken to them again and they are reordering the statements should havethem in 7 days. other than report them to data protection commission people is there anything else I can do to move it along?

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i am starting the process of claiming from my bank. they have sent me a letter threatening to default if i do not come up with a way to repay the overdraft, which was caused by their charges. i need to know if i include the red section of the letter even though they have only threatened

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  • 4 weeks later...

Hi there Im sending my prelim letter tomorrow for £600 I am not bothering with interest as it will be pence as my account is almost always in credit so the banks have not charged me much interest. I am however charging them their unarranged borrowing rate of 29.84% from the day they took each penalty until todays date and each day it drags on, this is merely reciprocating their charges for unarranged borrowing of my money!! :);) The amount totals £72 a small price to pay I think for the stress they cause and the fact that some months they prevented me from doing some nice things that I work damned hard for, I also wrote that I will be informing the local press office and asking them to offer some support and coverage if I get given the run around......

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HI - I wonder is it possible to claim back late payment fees over the said period ? mine amount to over £170 and if so is it possible to reword this template so it sounds ok (ie no overdrawn or interest charges) Any help on the wording of this would be gratefuly appreciated.

 

Thanks in advance

Deeman

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  • 2 weeks later...

Hi

 

I have just received 6 years worth of bank statements from RBS. Having calculated my charges for two accounts the charges total up to just over £4,000. Most of the charges are due to the bank taking charges out of my account and taking me overdrawn. To be honest I am quite shocked at how much I have paid over the years some months I have paid £80, but generally its £28 per month. Do you think I have a chance? I am about to send my letter asking for the charges back so any advice?

 

Thanks

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  • 1 month later...
Hi

 

I have just received 6 years worth of bank statements from RBS. Having calculated my charges for two accounts the charges total up to just over £4,000. Most of the charges are due to the bank taking charges out of my account and taking me overdrawn. To be honest I am quite shocked at how much I have paid over the years some months I have paid £80, but generally its £28 per month. Do you think I have a chance? I am about to send my letter asking for the charges back so any advice?

 

Thanks

 

My partner is claiming back from RBS now, as he is getting charged on a weekly basis anything from £28 plus, usually more.:-x RBS are absolutely terrible with their charges, and even charge you when you haven't gone overdrawn!! :o

We have a new baby and can't afford to be letting a bank screw us for every penny we have - so thanks to CAG for all the help and advice I've had so far - hopefully we'll get back the extortionate amount they have 'stolen'.

Sarah :razz:

:p fluffycabbage:p

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  • 1 year later...
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