Jump to content


  • Tweets

  • Posts

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 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
        • Like
      • 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
        • Like

Tannaku v RBS


tannaku
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6218 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Sorry, but it took me a while to work out how to start a new thread.

 

Anyway. I wrote to RSB on behalf of my daughter claiming back £3,015 over the last three years. This includes £1700 in just a two month period in 2005 on a normal current account. It was because of the misery this caused her that prompted me to act

 

I have now recieved a letter rejecting this claim and indeed the OFT guideline as well. They claim that the OFT have only had discussions concerning credit cards.

 

The letter before action is winging its way to Scotland as I type.

 

Many thanks for a great site.

Link to post
Share on other sites

  • 3 weeks later...

A rather belated update, sorry.

 

Anyway, sent a LBA on 14th November and received an offer within four days for £1775. The original claim was for £3015.

Wrote and accepted this as part payment of full amount and reminded RBS that the original timetable for court action still stood. No reply.

 

Filed at court yesterday (29th Nov)

 

Like so many before me, the butterflies are stirring but determined to see it through to the end. Omwards and upwards.

Link to post
Share on other sites

Hi again.

I have to admit I was a little confused as to what address to use as it had to be in England or Wales so I e-mailed the courts helpline. They told me to use my local branch which is what I did.

 

Actually the info is available on here but didnt find it until later.

 

Thanks for your support

Link to post
Share on other sites

I filed the MCOL on the 29th November and sent it to my local branch in England. Up to then, my correspondence, LBA etc had been to the address in Edinburgh.

What I would like some help with please is that I noticed on another thread that somebody was told that if letters have been going to Scotland the case could fall under the Scottish legal system which limits small claims to #750.00 going back 5 years.

Does anybody know if my case could be prejudiced because of this.

 

Many thanks

Link to post
Share on other sites

  • 2 weeks later...

No reply to date on MCOL filed 29th Nov.

 

I am beginning to appreciate how my predecessors felt when they described their feelings whilst waiting for things to happen. Nervous but determined.

 

I just wanted to keep the thread up to date

Link to post
Share on other sites

I have noticed on the MCOL website that RBS have acknowledged my claim on 14/12 2006.

As they have made no contact with me, am I right in thinking that they have a further 14 days to either submit a defence or settle the claim?

Can anybody reassure me that it is so far so good. It is just that because there has been no contact from the bank the doubts have started to creep in. Also, if they decide to defend, have got just 14 days left to do so or do they go back to having 28 days.

I hope this makes sense

 

Many thanks

Link to post
Share on other sites

So far as I can see everything is going according to plan...

 

Try and find somebody elses thread at similar point to you and have a good read (there are several.)

 

The bank may or may not settle OR ammend - this seems to be another delay tactic, because if they don't reply and you apply for judgement (which you will usually get by default) THEN the bank responds with a set-aside request (usually granted it appears, because Judges like case settled on merit not by default) which gives them EVEN MORE time (another 14days I think).

 

Keep in there mate.

Link to post
Share on other sites

Received an acknowledgedment letter today in which RBS have ticked a box to say they will defend all of the claim. Cobbets Manchester to represent them.

 

Pretty much par for the course at the moment it would seem from other posts. I am pretty much ready to put my case together should it come to court. Gosh its scary,,,lol

Link to post
Share on other sites

INNIT!....lol

 

I've just had some good news in that my folks have offered to put up the court fees for me so I'm off to court tomorrow with paper N1's...eeek

 

Everything you need for court is in this forum too, if you get cpr part 18 request from Cobblers, there are a couple of threads with full replies for you to cut n paste, also a very good thread on creating your own cpr18 request which Cobblers REALLY don't like receiving it seems...there's also Allocation Questionaires for you to copy...

 

If and when you get any of the above to do, just post back and somebody will help you find the way.

 

All the best...Phil

Link to post
Share on other sites

  • 3 weeks later...

OK, its finally showtime.

 

I got a letter from Cobbets today setting out something like a nine point defence and also what seems from reading the other threads, the standard request for further information and clarification pursuant to CPR Part 18.

 

From reading the other threads I was fairly confident I could manage a reply but now its here its a different ball game.

 

They pay particular attention to paragraph 3 of my Particulars of Claim in that I havnt supplied them with a copy of the list of charges as stated. I sent one to RBS with my very first letter but I have to be honest that I havnt sent one to the court yet and I was waiting to see if they defended before sending one to their solicitors. Do I say all this to Cobbets?

 

I have been studying BigCol's winning claim and his wording seems a good way forward.

 

Any advice welcome folks

Link to post
Share on other sites

Can I trust Cobbets when they say that they have filed whatever correspondence they send to me with the Court or should I send their letters with my copys of replies? If that makes sense.

Link to post
Share on other sites

Have now got the questionnaire from the courts - a bit quicker than I expected though.

I have answered one of my own questions because enclosed was Cobbets defence but not the Request for Further Information CPR18 thing.

 

Do I when replying to the court enclose a copy of this to show them what Cobbets are up to?

 

Anybody?

Link to post
Share on other sites

Have now got the questionnaire from the courts - a bit quicker than I expected though.

I have answered one of my own questions because enclosed was Cobbets defence but not the Request for Further Information CPR18 thing.

 

Do I when replying to the court enclose a copy of this to show them what Cobbets are up to?

 

Anybody?

 

The courts will already have a copy of the defence. Complete the Aq and send it back to the court enclose a schedule of charges also send a copy of the scedule to cobblers.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

Link to post
Share on other sites

Many thanks livelylad. I have now completed the questionnaire.

 

Still working on the reply to Cobbets - just trawling through the site looking for inspiration at the moment.

 

Thanks again

Link to post
Share on other sites

Many thanks livelylad. I have now completed the questionnaire.

 

Still working on the reply to Cobbets - just trawling through the site looking for inspiration at the moment.

 

Thanks again

 

 

try these

 

Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

Letter 1 MCOL

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

 

 

 

 

 

Wait until you receive the Notice of Acknowledgement from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

Letter 2 Solicitor

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

Yours sincerely,

Link to post
Share on other sites

Got that livelylad, many thanks.

 

Do I also need to reply to Cobbets letting them know that CPR Part 18 only applies at the Courts discretion or words to that effect as I have seen in other threads?

Also, do I need to respond to their defence as I have seen in other threads with words like "the charges laid out in the original contract are unlawful penalty charges and cannot be legally enforced" etc etc (taken from another thread)

 

I cant seem to get things clear in my head but I know I will with just a little bit more prompting.

 

Many thanks again

Link to post
Share on other sites

Got that livelylad, many thanks.

 

Do I also need to reply to Cobbets letting them know that CPR Part 18 only applies at the Courts discretion or words to that effect as I have seen in other threads?

Also, do I need to respond to their defence as I have seen in other threads with words like "the charges laid out in the original contract are unlawful penalty charges and cannot be legally enforced" etc etc (taken from another thread)

 

I cant seem to get things clear in my head but I know I will with just a little bit more prompting.

 

Many thanks again

 

ok everything you need is in this link. I know its Natwest just amend for RBS as Cobblers serve both.

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/35672-cobbetts-cpr-18-request.html

http://www.consumeractiongroup.co.uk/forum/natwest-bank/55874-letter-court-re-cpr18.html

Link to post
Share on other sites

I have drafted this reply to Cobbets using info gleaned off livelylads thread and others. Does anybody think I am missing anything? Or even if I have said too much?

 

Dear Sir/Madam

 

I am writing in response to your letter dated 2nd January 2007 which contained your Defence and a Request for Further Information and Clarification, the latter marked IMPORTANT.

 

This request for further information from me under Part 18 of the CPR also includes a deadline date for receipt of the response. I think I will leave the judge to decide on the impression the letter is intended to give.

 

As I anticipate that this claim will be allocated to the Small Claims track I must advise you that CPR Pt18 has little relevance to Small Claims procedures. However, I am aware that Part 27.2(f) applies subject to paragraph 3 of part 27.2 which states that the Court of its own initiative may order a party to provide further information if it considers that it is appropriate to do so. I am more than willing to provide any further information at the Courts request.

I consider though your inquiry to be intimidating, and I intend to bring this matter to the notice of the Court.

 

You point out in your Defence that under paragraph 3 of the Particulars of Claim the Defendant has yet to receive a copy of the schedule of charges as stated. The said information was provided to your client on 31st October 2006 and the letter acknowledged by your client.

 

As you are instructed to act for the The Royal Bank of Scotland in defence of this claim, I am somewhat surprised that you have not been sent this information by them directly to enable you to defend this claim efficiently. I am enclosing details of the charges in question, the interest applied, and details of the account number and sort code. This information has also been made available to the Court.

 

 

Yours sincerely

Link to post
Share on other sites

  • 2 weeks later...

Just an update.

Got a letter from Cobbets this morning making an offer of £1650.00 because they do not think we can win in court and on condition we do not reveal to third party and write to the Court withdrawing my claim etc. etc

 

Funny thing, they made me an offer of £1775.00 on the 18th November last year which I gave the standard reply to of accepting as part payment.

 

I will do the same with this but should I notify the courts of this offer? Do I perhaps send them a copy of Cobbets letter put in my court file?

 

Anybody?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...