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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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 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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SHAUNBOY VS RBoS


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1ST sent a letter to royal bank asking fora full list of charges (got that back today) without money being sent to them for it now got to do my spread sheets but don't know weather to add charges as refarrals not quite sure if anybody can help please get intouch

 

second I would like to appologise to bankfodder for the email this morning sorry ok

 

2nd done my calculations now found out that the bank owe me 3k plus not inclueding intersest and fees going to send letter of now asking for it all back with a full list of charges that they have took out of my account.

 

3rd

 

just received a letter back saying that there charges are fair and reasonable what a load of, they have offered me 515 pounds out of k3000 so sending of another letter rejecting the offer see how we go from there

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Are you asking whether to include referral charges? If so then definitely include them.

 

The charges on my statements were either:

 

UNPAID DD CHARGE

MAINTENANCE CHARGE or

REFERRAL CHARGE

 

Most of them were for £20, £30, £40, £60. It soon adds up when you get going. I would just write them all down with the date of the charge first and then enter them in the spreadsheet that you can download from here. The 8% APR column will increase each time you open the spreadsheet (ie. using todays date on you computer so if it's different than last time don't be surprised). Each time you send a letter just ask for the amount plus interest in your spreadsheet on that date. Also add on any other costs like court costs or recorded delivery. Use guaranteed next day as you can claim this back from the bank anyway. I would also add a bit for the time you spend (eg. £xx per hour) but don't itemise it just include it as additional costs.

 

If you look at my thread (RBS & going to court) there are some examples of the letters I've sent. Here's my first one:

 

[Your Address]

Date: 27/05/06

 

Royal Bank Of Scotland

{Branch address}

 

Request for repayment of charges

Dear Sir/Madam,

 

ACCOUNT NUMBER: XXXXXXXX

 

 

My request

I am writing to ask you to refund to me the charges which you have levied from my accounts over the last 6 years. I now understand that the regime of fees which you have been applying to my accounts in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

Your responsibilites

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my accounts. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my accounts in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

What I require

I calculate that you have taken £XXXX in charges from the above accounts plus overdraft interest.

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting unconditionally my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond or you do not respond positively within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

Your’s faithfully,

[Your Name]

 

 

**good luck. It may take a few months but it will be wort it!**

 

Andy

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