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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
        • Like

UNICORN v's RBS + OTHERS


unicorn96
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Recommended Posts

I have been reading and speaking to a great bunch of people on Bigcol's thread for a few days now and think its time i started a new thread for myself, now i have actually got the hang of how to do this properly. So i will be sticking to this one for good. Would recomend reading Bigcol's thread to anyone, its very informative.

Have recived 2 'sod off' letters in todays mail from Tommy Mclean at RBS re my 2 accounts. Will be sending out LBA's in next few days.

However, i also got a letter from Barclaycard offering me a good will gesture payment of 84.00 (i am claiming back 213.19). Will send off letter to say thanks i accept it as interim payment, but will still be claiming for the full amount.

At least it give me a bit of a boost to know i'm getting somewhere.

Good luck to everyone

x

:grin: WON

GOLDFISH £291.90

MARBLES £174.47

RBOS VISA £232.19

AMEX (BLUE) £148.40

BARCLAYCARD £251.31

AMEX (BA) £151.50

RBOS M/C £222.00

RBOS (MY ACC) £430.00

BARCLAYS £505.00

MBNA £250.00

RBOS (JOINT) £2975.00

:grin:

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Thanks to everyone for welcome. Cheers willowb for all your help too. I note that you have barclaycard on hold re microfiche. I had that with them to. I already had about 3 yrs of statements but when replying to my dpa letter said they couldnt go back any further as it was on microfiche. What are you intending to do ?

:grin: WON

GOLDFISH £291.90

MARBLES £174.47

RBOS VISA £232.19

AMEX (BLUE) £148.40

BARCLAYCARD £251.31

AMEX (BA) £151.50

RBOS M/C £222.00

RBOS (MY ACC) £430.00

BARCLAYS £505.00

MBNA £250.00

RBOS (JOINT) £2975.00

:grin:

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Have had a letter today from Goldfish saying the usual stuff and offering me partial payment £112. Unfortunately their 14 days ran out yesterday and i posted an LBA to them today (our letters crossed in the mail). Should i just wait to hear back from them or should i send another LBA stating that i accept partial payment but will be persuing the rest etc etc

:grin: WON

GOLDFISH £291.90

MARBLES £174.47

RBOS VISA £232.19

AMEX (BLUE) £148.40

BARCLAYCARD £251.31

AMEX (BA) £151.50

RBOS M/C £222.00

RBOS (MY ACC) £430.00

BARCLAYS £505.00

MBNA £250.00

RBOS (JOINT) £2975.00

:grin:

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Hi Unicorn,

 

I've put the whole microfiche barclaycard thing on hold for now, I'm doing too much at the moment. Did Martin answer your question in another thread?

 

Anyway, take care

Wxx

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Thanks Willow. Yes Martin did answer my question. I have just written a 'response to settlement offer' telling Goldfish they can get stuffed and i want the full amount.

:grin: WON

GOLDFISH £291.90

MARBLES £174.47

RBOS VISA £232.19

AMEX (BLUE) £148.40

BARCLAYCARD £251.31

AMEX (BA) £151.50

RBOS M/C £222.00

RBOS (MY ACC) £430.00

BARCLAYS £505.00

MBNA £250.00

RBOS (JOINT) £2975.00

:grin:

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I have some good news.

 

I got sent a cheque this morning from American Express Credit Cards for £55.95

in response to my LBA, However I was claiming £75.95. Basically they have refunded the difference between what they had charged me in charges and what they say OFT say is acceptable (£12). A lot of credit card companies seem to be offering this.

 

I'm not sure what to do. Should i accept the cheque, or should i accept the cheque and write back and say i still want the difference of £20, or should i send the cheque back and tell them i want the full amount and am willing to go to court for it ?

 

What do you think ?

:grin: WON

GOLDFISH £291.90

MARBLES £174.47

RBOS VISA £232.19

AMEX (BLUE) £148.40

BARCLAYCARD £251.31

AMEX (BA) £151.50

RBOS M/C £222.00

RBOS (MY ACC) £430.00

BARCLAYS £505.00

MBNA £250.00

RBOS (JOINT) £2975.00

:grin:

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Am in a dilema and need help urgent. Have been going through lots of reading material about the scottish courts and am starting to fill out the forms to start my claim in court. I am including copies of the charges i am claiming (got from templates) can i put on this sheet a claim for recorded delivery which was 3.00 and the 39.00 its going to cost me to file in court.

:grin: WON

GOLDFISH £291.90

MARBLES £174.47

RBOS VISA £232.19

AMEX (BLUE) £148.40

BARCLAYCARD £251.31

AMEX (BA) £151.50

RBOS M/C £222.00

RBOS (MY ACC) £430.00

BARCLAYS £505.00

MBNA £250.00

RBOS (JOINT) £2975.00

:grin:

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Is the fee still 39.00 for sheriff court in scotland ?

:grin: WON

GOLDFISH £291.90

MARBLES £174.47

RBOS VISA £232.19

AMEX (BLUE) £148.40

BARCLAYCARD £251.31

AMEX (BA) £151.50

RBOS M/C £222.00

RBOS (MY ACC) £430.00

BARCLAYS £505.00

MBNA £250.00

RBOS (JOINT) £2975.00

:grin:

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Have filled in Forms 1 & 1b for Barclaycard and Marbles and will be taking them both into sheriff court tomorrow to start proceedings. Am hoping it wont get too complicated. And the fee is still £39 i phoned and checked. Will also be asking the defendents to pay by cheque to myself as my accounts are now supposed to be 'closed', as i paid on a settlement figure and i dont want them crediting an account i no longer use.

:grin: WON

GOLDFISH £291.90

MARBLES £174.47

RBOS VISA £232.19

AMEX (BLUE) £148.40

BARCLAYCARD £251.31

AMEX (BA) £151.50

RBOS M/C £222.00

RBOS (MY ACC) £430.00

BARCLAYS £505.00

MBNA £250.00

RBOS (JOINT) £2975.00

:grin:

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Good luck unicorn!! :)

 

Keep the updates coming.

14/09/2006 - Data Protection Act letter sent to my bank.............here goes :D

28/09/2006 - Statements received through the post. Charges appear to be in the region of £2000 :eek:

04/10/2006 - Prelim letter sent for charges of £2037 :rolleyes:

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Thanks very much. Have just been reading all your threads. Very interesting :-)

:grin: WON

GOLDFISH £291.90

MARBLES £174.47

RBOS VISA £232.19

AMEX (BLUE) £148.40

BARCLAYCARD £251.31

AMEX (BA) £151.50

RBOS M/C £222.00

RBOS (MY ACC) £430.00

BARCLAYS £505.00

MBNA £250.00

RBOS (JOINT) £2975.00

:grin:

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Am looking for someone able to merge all my threads together please. Would be Unicorn v's Barclaycard & Amex threads to be merged with Unicorn v's RBs and Others.

:grin: WON

GOLDFISH £291.90

MARBLES £174.47

RBOS VISA £232.19

AMEX (BLUE) £148.40

BARCLAYCARD £251.31

AMEX (BA) £151.50

RBOS M/C £222.00

RBOS (MY ACC) £430.00

BARCLAYS £505.00

MBNA £250.00

RBOS (JOINT) £2975.00

:grin:

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Have filed 2 claims in sheriff court, one with Marbles and one with Barclaycard. Return date is the 16th November, so will wait with baited breath.

Sent a letter back to Goldfish yesterday with regard to their offer and trying to get me to sign a confidelity letter. They must be getting worried as they sent me a duplicate letter which i received today lol

:grin: WON

GOLDFISH £291.90

MARBLES £174.47

RBOS VISA £232.19

AMEX (BLUE) £148.40

BARCLAYCARD £251.31

AMEX (BA) £151.50

RBOS M/C £222.00

RBOS (MY ACC) £430.00

BARCLAYS £505.00

MBNA £250.00

RBOS (JOINT) £2975.00

:grin:

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Still no response from RBS visa, mastercard and my bank account, despite giving them 17 days to reply to my LBA's. Have spent all evening filling in court forms and will be off to sheriffs court tomorrow to file my 3 claims. Will also be filing claim in court for my joint account but will leave that till weekend lol. That means i will have 5 claims in court at same time. Scary !!! Wish me luck

:grin: WON

GOLDFISH £291.90

MARBLES £174.47

RBOS VISA £232.19

AMEX (BLUE) £148.40

BARCLAYCARD £251.31

AMEX (BA) £151.50

RBOS M/C £222.00

RBOS (MY ACC) £430.00

BARCLAYS £505.00

MBNA £250.00

RBOS (JOINT) £2975.00

:grin:

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Well thats RBS Visa, Mastercard and my bank account filed in sheriffs court. Now just have to sit back and wait and see what happens.

:grin: WON

GOLDFISH £291.90

MARBLES £174.47

RBOS VISA £232.19

AMEX (BLUE) £148.40

BARCLAYCARD £251.31

AMEX (BA) £151.50

RBOS M/C £222.00

RBOS (MY ACC) £430.00

BARCLAYS £505.00

MBNA £250.00

RBOS (JOINT) £2975.00

:grin:

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  • 2 weeks later...

:D HAD A LETTER FROM MARBLES SOLICITORS TODAY SAYING THEY ARE GOING TO PAY MY CLAIM OF £174.00. WAS WORTH GOING TO COURT FOR. THEY DIDN'T RESPOND TO ANY OF MY LETTERS SO JUST WENT FOR IT. THEY WANT ME TO SIGN TO SAY I WONT TALK ABOUT IT AND THATS FINE, BUT I WANT TO KNOW HOW YOU GO ABOUT ADDING THE 8%. I WAS THIKNING OF SENDING A LETTER BACK SAYING I ACCEPT THEIR PROPOSAL BUT ADD THE 8% FROM THE DAY CLAIM WENT TO COURT UNTIL TODAY. wOULD THAT BE CORRECT ? :D

:grin: WON

GOLDFISH £291.90

MARBLES £174.47

RBOS VISA £232.19

AMEX (BLUE) £148.40

BARCLAYCARD £251.31

AMEX (BA) £151.50

RBOS M/C £222.00

RBOS (MY ACC) £430.00

BARCLAYS £505.00

MBNA £250.00

RBOS (JOINT) £2975.00

:grin:

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  • 2 weeks later...

OMG - I WON

 

Had a cheque for £291.90 in todays post from RBOS Visa Cards.

Had filed in sheriffs court less than 2 weeks ago.

There was no letter, just a piece of paper with my name and address hand written on it for the window envelope it came in lol

annnnnnnnnnnndddddddddddddd a

CHEQUE

Hopefully i will have the same luck with the RBOS Mastercard and my own personal account that i filed in court at the same time.

 

Also WON against Goldfish today with £300 being paid into my credit card account and WON with Marbles today who are going to be sending me a cheque for £174

 

Have a few other claims am waiting for news of, but will be making a donation shortly to this site for all its help. Its been invaluable.

 

Pauline

x

:grin: WON

GOLDFISH £291.90

MARBLES £174.47

RBOS VISA £232.19

AMEX (BLUE) £148.40

BARCLAYCARD £251.31

AMEX (BA) £151.50

RBOS M/C £222.00

RBOS (MY ACC) £430.00

BARCLAYS £505.00

MBNA £250.00

RBOS (JOINT) £2975.00

:grin:

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  • 3 weeks later...

WON

AMERICAN EXPRESS (BA)

£151.50

This is the 6th cliam i have WON with so far. Fantastic

Amex couldn't have been nicer and was a pleasure doing business with them

Even though i had to go through the small claims court, they phoned me up the day they got the court papers and agreed to pay in full, no arguements, no problems.

Just waiting for the cheque.

:grin: WON

GOLDFISH £291.90

MARBLES £174.47

RBOS VISA £232.19

AMEX (BLUE) £148.40

BARCLAYCARD £251.31

AMEX (BA) £151.50

RBOS M/C £222.00

RBOS (MY ACC) £430.00

BARCLAYS £505.00

MBNA £250.00

RBOS (JOINT) £2975.00

:grin:

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WON

RBOS MASTERCARD £222

RBOS (MY ACC) £430

:grin: WON

GOLDFISH £291.90

MARBLES £174.47

RBOS VISA £232.19

AMEX (BLUE) £148.40

BARCLAYCARD £251.31

AMEX (BA) £151.50

RBOS M/C £222.00

RBOS (MY ACC) £430.00

BARCLAYS £505.00

MBNA £250.00

RBOS (JOINT) £2975.00

:grin:

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