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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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OH's RBS credit card


paulh1818
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Hi. I've been getting letters from Triton regarding my OH's RBS credit card. I sent them CCA request on the 11th of Feb and today we got a letter from Green & Co solicitors dated the 8th of Feb. It says they are 'likely' to be instructed to commence court proceedings if we don't pay, or make a reasonable proposal within 7 days. Well, 7 days have already passed and I can't pay anyway! The letter does indeed look like a real solicitors letter, good quality paper. Althought, the 'type' is very triton-ish. Will they take us to court? I don't think I can face that. I did send the CCA if that is still valid. Thank you.

 

Paul

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Hi Paul.

I got a similar letter from Green, and when I researched I found that she is not a practising solicitor, but an employee of RBS, used to put the frighteners on. I wrote back and reminded her the account was in dispute and it all went quiet. I don't think it is any more than a hollow threat.

 

Hopefully someone with more experience will be along soon.

 

Good luck,

Rocky

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Hi paul

You could always send them a copy of your CCA request and stall them plus I'd be very tempted to point out that a demand for payment etc with a 7 day time limit that takes 8 Days to arrive is unfair, unprofessional and totally unreasonable (I did this to Phillips LoL)

Give them something to think about but keep the letter and envelope safe for future ref

Good luck

R

[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

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

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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Hi paul

You could always send them a copy of your CCA request and stall them plus I'd be very tempted to point out that a demand for payment etc with a 7 day time limit that takes 8 Days to arrive is unfair, unprofessional and totally unreasonable (I did this to Phillips LoL)

Give them something to think about but keep the letter and envelope safe for future ref

Good luck

R

 

Don’t post it for 8 days, and demand a reply with seven days.

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Don’t post it for 8 days, and demand a reply with seven days.

 

Nice one DB :lol:

[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

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

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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Hi Paul.

I got a similar letter from Green, and when I researched I found that she is not a practising solicitor, but an employee of RBS, used to put the frighteners on. I wrote back and reminded her the account was in dispute and it all went quiet. I don't think it is any more than a hollow threat.

 

Hopefully someone with more experience will be along soon.

 

Good luck,

 

interesting comment- you say she was using a sols letterhead and claiming to be a sol- but was not? this need further action if it is the case

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The following posts on Green & Co are from another site;

 

It is an offence to pretend to be a solicitor under section 21 of the Solicitors Act 1974 which can result in a £2,500 fine in a magistrates court. The more serious offence of acting as a solicitor under section 20 of the Solicitors Act 1970 can only be dealt with by the Crown Court.

If you wish to complain about the situation, you should address it to the Legal Complaints Service (www.legalcomplaints.org.u k). The Law Society split itself into different bodies last January. The Legal Complaints Service now deals with all complaints against solicitors whilst the Solicitors Regulation Authority (www.sra.org.uk) sets all the rules for solicitors.

http://www.sra.org.uk/solicitors/code-of-conduct/guidance/1088.article

 

 

This is allegedly how they work, picked up from another forum.

 

It seems that Green & co is a trade name of the Royal Bank of Scotland, which only covers solicitors they contract.

 

what happens is that this letter is sent out by RBS (not by a solicitor) in a standard template, and they then contract a solicitor under that trade name if they wish to go forward. This is confirmed by the print at the bottom of the letter, that this is the 'practicing name of solicitors employed by the Royal Bank of Scotland'. In other words they are not actually a law firm, and do not retain solicitors on staff, but any who are asked to represent RBS use this name if they are later contracted by RBS

 

Green and co is therefore simply a name under which of RBS pays the contracts to solicitors. However there is the name of the principle at the bottom - j.a.m. green l.l.b.

If this solicitor does not exist, this does appear to contravene the OFT collection guidelines and the Law Society may also have concerns about. However, I do seem to recall that RBS were challenged about this before and it was not found to be unacceptable to use this. This was on the basis that RBS might contract a lot of different solicitors.

 

As this is a new thread, without looking at your previous posts, have RBS/Triton sent you a valid CCA? What letters have you sent them so far?

It would only be worth writing to these people to challenge them to supply information to substantiate that they have the required original documents which are capable of being enforced by a court. And that you would defend any such action, should they decide to proceed in that direction.

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I am in a similar situation with RBS/Green and Co. I am still waiting for a response to my CCA request after 21 days

 

Morning ba85

Have you followed this up with the failure to comply letter . . http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.

Don't sit back and assume that they'll take it on board they've failed you've got to tell them

Regards

R

[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

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

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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Hi Paulh1818

 

Give Royal mail a ring the last 3 items I sent to Triton didnt show up on track and trace but when I spoke to Royal Mail on the phone they confirmed that they had been signed for and gave me a name, apparently all signed for stuff gets picked up in bulk by Tritons lot so they just have to sign once for up to 20 items

 

Good luck

CB

Still Fighting 4 PPI claims getting there slowly :smile:

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