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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

spannaman vs RBS


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Hello all,

 

Amazing to see such great advice and stories of success on here.

I've been checking the forum for a few months now & started my own claim a while ago.

 

I got as far as sending the two letters to the bank, requesting the amount of charges I was claiming back. 14 days after they'd not replied to the 2nd letter I was due to start the online moneyclaim process, however I didn't get round to it as was getting ready for my holiday. Upon my return I forgot all about it until a few days ago. Doh :rolleyes:

 

What I'd like to know from any experts please is am I still ok to go ahead with the moneyclaim after this delay of several weeks? The problem being that it will now be more than 6 years since some of the charges I am claiming for were applied.

 

Edit: I have been searching the site for an answer to this but haven't managed to find anything covering this scenario.

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I don't profess to be an expert, but I would say you can still go ahead with your claim. It may be wise to write to the bank again just to remind them of your intentions, then you can go ahead with it in the knowledge you have given them prior warning.

 

I think you may have to amend the original claim to take out the charges that are more than 6 years ago. You could put your amended claim schedule in your warning letter..... say something like

 

'I last wrote to you on xx.xx.xx requesting the refund of charges you have levied on my account which I now believe to be unlawful. I would point out that the original 14 day period I defined for resolution of this matter has now ended without satisfactory conclusion. As such please consider this notice that I am now beginning court proceedings against you for the full amount of £xxxx plus 8% interest at £xxxx plus costs. Please find enclosed my amended schedule of charges which reflects this.'

 

I hope this helps. Good luck :)

~

:p I'm a lover, not a fighter... well, most of the time :razz: ~

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Personally I would just submit your claim now and not worry about those few charges that dropped off the end. If you think about it that would of happened to lots of people that have gone through this process, however it doesn't seem to make a difference.

 

You have given then sufficiant time to settle and they haven't, so there is no point writing to them again.

 

File with moneyclaim today. If the bank want to contest a couple of old charges they will, however it is very unlikely.

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, 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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Actually, I may have better news. If you used the templates (or at least somethin akin to them), you will have already given notice to the bank that you would be seeking a full refund of these charges. I believe the date of your SAR will be where you can go back 6 years from.

 

Thats what I think, although I will no doubt be corrected if anyone knows better.

 

Hope this helps.

 

J

1/9/06 RBS claim #1

8/11/06 - claim settled

17/11 claim #2 started - incl creditcard

30/11 - CC statements received

31/11 - Prelims issued - RBS paying up, only M/C to go)

 

If any of my advice/ info has been helpful, please click the scales:D

 

Please also remember that any advice is given from my own experience and in good faith as a lay person. If in doubt, please contact a qualified professional:)

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