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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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zander in Scotland v A&L *WON* they want to close account?


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I'm ready to serve papers against A & L. However,in Scotland, since my petition is for £2,750, this is civil law (ordinary cause) and would not be a small claim. I've called my local court for advice and apart from suggesting I should use a solicitor, they also stated that I should claim against the local branch as this is in Scotland and not Head Office in England. Can anyone advise upon what the best course of action is? particularly regarding Scottish law? I really want to serve papers now and court clerk advised to read up on ordinary cause which would take about two days!!

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hi,

I do know how scottish law is slightly different to english law as i lived there for 3 yrs i would advice you to look on the govern law centre website it has a section dedicated to this issue and i am sure they will point you in the right direction

 

 

 

good luck

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I've just gone through this - The Scottish Court does not know procedure very well. Simply post your claim at Leicester County Court, citing A&L's registered office as the address. You don't have to do anything in Scotland.

 

Wish you well. If you look at other posts you will see their usual pattern is to acknowledge service and then pay up!!

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A lot of people have been asking about this and we haven't been able to give any definitive answers.

I would appreciate being kept informed as to the progress of this so that I can wirite into a FAQ when we become certain of the position.

Thanks

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Just to add a point. I fell certain that you will need to give an English address for service of documents on you.

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I've reluctantly delayed my action until I know for sure what's required with Scottish cases/Law. There must be many other Scots who are finding similar problems unless they are with Royal Bank of Scotland, Clydesdale & Bank of Scotland? I could give an address in England (friends) but not so sure of legalities with that situation. Appreciate some input from others in my position? Thanks.

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well, i dunno if this correct, but my claim is for approx 2400 quid, and i am splitting it into smaller chunks...ie March 2000 to Jun 2001 - £721 plus 8% plus fees

 

and i am intending to put down my local manager as the person who i am claiming from

 

dunno if this helps, but my court papers are due to be submitted on Thursday if i haven't had a reply by Wednesday to my LBA...so if i am wrong then ....HELP !!!!!!

IF YOU FEEL I HAVE HELPED YOU IN REPLYING TO YOUR POST, CAN YOU CLICK ON THE SCALES AND LET ME KNOW

 

Halifax - Total £2116 - Plus approx £300 in interest plus fees for 3 small claims...settled all within 3 weeks of claim.....Now for the mortgage.....

Clydesdale Bank - Credit Card - Sent Data Protection Act - Awaiting statements

Clydesdale Bank - Current Account - Awaiting statements

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  • 2 months later...

Have everything in place pertaining to my claim yet getting no further forward due to being in Scotland and suing an address in England. How can this be done? No one seems to have a definitive answer to this problem. Any suggestions? My claim is for £2,700.

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I reside on a SCOTTISH ISLAND!!!! A & L in England, but I which route I take depends on the amount I am reclaiming. If it is within the limits I shall lodge with my local Sheriff Court.

I very much doubt that it will be, and there are two ways to go about this - split the claim, making two (or more) smaller claims, or alternatively lodge through a County Court in England - near to the banks HQ.

I prefer the latter - I want all of my money back and all in one go! The general feel is that the bank rarely goes as far as heading to court (if ever)? and that they will settle in advance of that (fingers crossed).

However, if they do intend to defend then I shall be happy to appear in a court in a England, have the nice Judge make them give me my money (plus interest) back along with expenses (travel, accomodation - three day round trip from here at least, loss of salary etc etc) - If they choose for me to be the first one they want to make an example of then I will go to England - proabably very nervously - but I am not committing an illegal offence here. Justice due wherever!!!

These options are purely what I have a feel for from reading through the forum - if incorrect I am sure someone will advise.

Regards

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Thanks for your reply. I've not got a problem in attending court, if I have to, in England. I'll be claiming the lot in one go, however money claim states that your address has to be in England? This is where my efforts breakdown. How did you get around this? Ta.

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Have you had a look in the Scotland forum? You might find further information there.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 weeks later...

Have just found this on my return from holiday. You claim at Leicester County Court using the Registered Office address on your cheque book. You can't do it via Moneyline but just print off an N1 form and send with cheque for relevant amount. A&L will lodge a Notice of Intention to Defend and then send you a cheque. A month after that they will notify you that they are closing your account. It took me from October 2005 until April 2006 to find all this out so hope it saves you time. Got all my money back (I live in Glasgow)

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Usefull Information at Govan Law centre on juristdiction

 

It is understood that the England & Wales Money Claim Online service requires a claimant to have an address in England or Wales, and therefore, if you are raising proceedings in England you would have to forward your claim to a particular County Court by post. While raising proceedings in England will entitle you to sue for a maximum of £5,000 under English small claims procedure, if the claim is defended you must be prepared to travel to England to present your defence. Accordingly, you should think very carefully about this issue, weighing up all of the pros and cons

 

Have a look at the Scotland forum

 

Best of Luck with your claim,

 

Charlie

Nationwide Total settlement for first claim £810.92 (Charges £570.00) total charges £2579.00 (Another 4 claims to make)

 

Tesco personal Finance -NO penalty charges see post end thread

Egg DPA complaint sent to ICO see thread

Egg also trying to get defaults removed

Abbey National/MBNA credit Card - Eventually settled in FULL:)

 

Citibank Preliminary sent 19/08/06

MBNA DPA sent 30/07/06

Mrs CharlieHo v Providian DPA sent 30/07/06

 

MORE TO FOLLOW

 

Advice & opinions of CharlieHo are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Indeed, I live north of the border and used Leicester county court for my claim. As far as i am aware it depends on your accounts terms and conditions, In Anl current account T&C it states that English law applies. Although, some other banks state that english law applies unless you live in scotland. worth checking before filling any action.

 

Also, If sueing in england, be sure to use the N1 form and "particulars of claim" Its different templates for scottish courts.

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  • 1 month later...

I've been exceptionally busy making a living and have not yet followed up my last attempt to make sense of recovering the charges from our friends at A & L. Went to my local court where I requested a small claim form and told them I was to be making 4 small claims. I was then informed that I could only claim once against a Company. However, she reliably informed me that I COULD claim on the Moneyclaim site. This info tends to contradict what has been said in the forum pertaining to Scottish cases. Does any one have a definitive answer so as I can go get em??

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Zander

I cannot believe that you can claim only once against any one person or company. If that were to be true once a first small claim had been settled the bank (in this case) could do what they liked secure in the knowledge that they could not be sued again by you. Not realistic.

 

Clearly you can claim only once to recover any given individual charge, to claim a second time for the same charge would be fraud.

 

Suggest you ask MCOL if you can use them to claim, they are very helpful and certainly should provide the difinitive answer.

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  • 2 weeks later...

Slowly getting there regarding Scotland v England (the auld enemy.... A & L!!)

Can anyone advise upon raising proceedings in England from a Scottish address? It would appear that my claim will have to be forwarded to Leicester County Court by post and not completed online. What about the court costs etc, how does this get paid? I'm hoping to get all this done & dusted asap.

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  • 2 months later...

My claim is in via MCOL, 1/11/06, and they sent me A & L's Acknowledgement of Service. Is it normal proceedure for Ms McGuirk to respond directly as well?

Incidentally, I'm claiming from Scotland but using an address in England for correspondence which was the easiest way forward for my claim. One closed account and one (at the moment) still running; total claim £4,341.01 plus costs. Thanks for the exceptionally good advice.

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Yup she did'nt get involved in my case until the end game.

We haven't got the money, so we've got to think!

Ernest Rutherford

 

A & L

Data Protection Act Letter sent 11/08/06

Data rec'd 14/09/06, Prelim letter sent 16/09/06

LBA sent 22/09/06, MCOL 6QZ68670 issued 2/10/06 - chq for £6,375.34 rec'd 04/11/06.

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I have merged your 5 threads together to keep your progress together, and also changed the title as I know other Scottish claimants would benefit from this thread.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Victory! A&L settled in full. Cheques for £945.43 & £3,602.34 received Saturday morning. They are of course going to have a look at the future operation of my closed account!?. Unfortunately had to pay the larger cheque into A&L as they made the cheque payable to the joint account but will remove to new account when cleared, moreover, donation to the group to follow. How can this be arranged?. As this claim was made in Scotland through MCOL, if I can be of assistance to others in a similar position, please let me know.Many thanks to all concerned & apologies if I've stuck this in the wrong place!!

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