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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
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    • 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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tedshez vs BOS


tedshez
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This is progressing a lot quicker than anticipated!! I sent the initial request for data letter two days ago by recorded delivery to the Rosyth customer services address, along with my £10 cheque. I got a phone call this morning from Sharon at the bank of Scotland saying she would send out a complete list of all charges against me, whilst returning my cheque, within 5 working days!!

They can try and butter me up but I will hound those buggers til the end!

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Good luck with the case, they will start to drag their feet soon enough, leave things to the last minute etc.

 

stick to your timetable not theirs and it will be cash in your pocket soon enough :)

Bank of Scotland student account:

June 23 Data Protection Act sent

July 23 statements recieved

Aug 1 Prelim sent for 3660

Aug 3 comedy letter recieved

Aug 30 laughable £260 final settlement offer and LBA sent

Oct 07 Settled £1800

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  • 1 month later...

Okay so I have all the statements in and have put all the charges into the table provided by this site. In my first letter requesting reimbursment do I put just the total of the charges or do I include the calculated interest also? Any advice much appreciated.

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Hi tedshez,

 

Just put the total of charges, don't add the interest untill you file your claim with the court.

 

Good luck, I've just had £720 refunded from the BOS. They seem to have forgotten my court fee's, will phone them pronto!

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Help keep it up and active, helping people like you.

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Good luck Ted,

 

I'm glad things are going so quickly for you, I'm still waiting for all the info to arrive so I can total up what I'm owed and I think it'll be a similar amount to you..............I'll follow your thread!! :p

Darren :p

 

BOS - WON - £5.6k

------------------------------------------------

Virgin Mastercard - WON - £300

------------------------------------------------

Barclaycard - WON - £200

------------------------------------------------

Lloyds - WON - £1.6k

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  • 2 weeks later...

Alrighty, sent the initial request letter recorded delivery on Thursday 12th. Received a letter today from the complaints department, signed by a Peter Barry, stating that my complaint will be investigated by a customer relations manager and they will get back to me within four weeks!! Eh I don't think so Pete! The letter before action is ready to be sent next Thursday, directly to the big man!! I'm begining to enjoy this!

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  • 3 weeks later...

Here we are at the time that I need to start court action against the Bank of Scotland. Could someone please confirm that I can use th moneyclaim website listed in the seven steps for court action in Scotland. And Confirm that when I split the charges into sections, they have to be under £750 after interest is added?

Thanks for any help

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You can use MCOL and go for it all in one go but you will need an correspondance address in England for the paperwork to be sent to. I plan to do exactly the same thing and intend to use HBOS Trinity road address on MCOL as their point of contact.

Darren :p

 

BOS - WON - £5.6k

------------------------------------------------

Virgin Mastercard - WON - £300

------------------------------------------------

Barclaycard - WON - £200

------------------------------------------------

Lloyds - WON - £1.6k

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Their two weeks is up! Got a letter from a Leonnie Clark (Redress Assessor) saying sorry we haven't got back to you blah blah blah. Really got my back up and fuelled my desire to see this through! My claim is now with the courts using the Trinity Road address. Do I have to now send the bank a letter saying what I'm doing with a another list of charges and interest? Or do I just leave it for the court to in form them?

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  • 3 weeks later...

UPDATE!

 

Started a small claim action on the fifteenth of November going through the english court system. As yet the bank have not acknowledged this, I contacted the courts to try and get a default judgement in my favour but they will not proceed with this until the 5th of December (They allow five days for processing etc). Roll on Tuesday.

The 5th of December also coincides with the date the BOS promised in their last correspondance to get in touch regarding this matter, coincidence???? Has any one else found this?

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Hi tedshez, well done you!!! I've just registered to this forum today, with the desire to do the same, BOS has been screwing me for years and anytime i phone them to cut me a bit of slack i come off the phone feeling about 2 inches tall, Can you pass on any advice in reclaiming charges I live in scotland and assume i will have to go through the scottish court system in reclaiming.

 

any help would be greatly appreciated.

 

tweedtech

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Excelent Ted!! Well done

 

This is encouraging. My claim was deemed served on the 6th December and they have until the 20th to respond.

 

You're the second person I have read about who has recently been paid out fairly quickly........hopefully the same will happen to me!!

Darren :p

 

BOS - WON - £5.6k

------------------------------------------------

Virgin Mastercard - WON - £300

------------------------------------------------

Barclaycard - WON - £200

------------------------------------------------

Lloyds - WON - £1.6k

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