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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
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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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Letter before action! Help I'm scared!


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Ok RBS have just sent me a letter offering £443 as an offer of goodwill. The amount I am claiming is £1040. The letter states that the bank believes the charges are fair and they are satisfied they comply 'with applicable laws and regulations.' After looking at the forum a few times I believe the next course of action is Letter before Action- is this where I ask for the whole amount agian and do I have to nenclose another schedule of charges? Any help much appreciated

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Ok RBS have just sent me a letter offering £443 as an offer of goodwill. The amount I am claiming is £1040. The letter states that the bank believes the charges are fair and they are satisfied they comply 'with applicable laws and regulations.' After looking at the forum a few times I believe the next course of action is Letter before Action- is this where I ask for the whole amount agian and do I have to nenclose another schedule of charges? Any help much appreciated

 

You ask for the amount again not including interest. Also you do not have to enclose a Schedule of charges. I think some more reading of the faqs and step by step instructions is required.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

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Hi

 

Did RBoS send you an offer after your first letter (the prelimary)? If they did then yes, send them a LBA (letter before action) enclosing another schedule of charges list.

for FAQs & Step By Step

click here

for Templates Library

click here

for Court Bundle

click here

________________

 

WON 121o121 'vs' LloydsTSB

here

WON 121o121 'vs' Halifax C C

here

WON 121o121 'vs' Cahoot CC

here

WON 121o121 'vs' LloydsTSB (again)

here

 

________________

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if the prelimary approach was your second letter, may i ask what was your first? was it the S.A.R - (Subject Access Request)?

for FAQs & Step By Step

click here

for Templates Library

click here

for Court Bundle

click here

________________

 

WON 121o121 'vs' LloydsTSB

here

WON 121o121 'vs' Halifax C C

here

WON 121o121 'vs' Cahoot CC

here

WON 121o121 'vs' LloydsTSB (again)

here

 

________________

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You ask for the amount again not including interest. Also you do not have to enclose a Schedule of charges. I think some more reading of the faqs and step by step instructions is required.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

 

 

I have just read through everything as you said- do I accept the amount they have offered and send a l.b.a as well? This is a bit unclear in the step by step instructions as it says to accept the offer but still send a l.b.a if they haven't offered a full refund. How do I do both?

Many thanks

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Write an LBA and send it to them.

 

Write a letter stating you'll accept the offer as "partial" payment. The link below will tell you how to do that. Good Luck!

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

for FAQs & Step By Step

click here

for Templates Library

click here

for Court Bundle

click here

________________

 

WON 121o121 'vs' LloydsTSB

here

WON 121o121 'vs' Halifax C C

here

WON 121o121 'vs' Cahoot CC

here

WON 121o121 'vs' LloydsTSB (again)

here

 

________________

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  • 3 weeks later...

I personally wouldn't bother, but its your call.

 

Proceed with the claim, either at your local county court or on the MCOL website.

for FAQs & Step By Step

click here

for Templates Library

click here

for Court Bundle

click here

________________

 

WON 121o121 'vs' LloydsTSB

here

WON 121o121 'vs' Halifax C C

here

WON 121o121 'vs' Cahoot CC

here

WON 121o121 'vs' LloydsTSB (again)

here

 

________________

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Thanks! I can't believe it really- my friend has done exactly the same things as me with Halifax and they settled in abount 5 working days.

 

It's jsut typical of me that I'll go to court but I'm quite happy to as I think RBS have a lot to answer for! Anyway I'll keep posting so that people can see the progress. Good luck with yours too Styx!

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I am still waiting for my list of charges, i am hoping that the amount will be around 1500, so i can close off my overdraft. I think it will be most like 1000 than 1500. Either way a larger step closer to closing off my account.

 

By the way did you include interest?

 

StyX

StyX Has Won

 

RBS - £2,500

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I mean the 8% you would most likely be awarded if this goes to the court, i.e. the interest you would have earned if you still had the money in an average account.

 

StyX

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RBS - £2,500

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I know what you mean. There is soo much to read.

 

I have been looking at how to calculate this recommended 8%. No idea how to work out the compound interest...

 

Anyways, excel has become my friend, took me a wee while to work out that. 8% x charge x days since charge / 365.

 

There are spreadsheets on this site to help out.

 

I too have a student account and my graduate scheme is only 12 months. I feel robbed

 

StyX

StyX Has Won

 

RBS - £2,500

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Right need to look at that then! I think I'm going to phone the bank tomorrow anyway just to see where they stand at the mo. I'll definitely do the 8% spreadsheet then- if I'm going to court anyway!

 

Rbs have most definitley lost out, I started my first graduate job about 6 months ago and my wages are paid into my HSBC account!

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Lol, i moved banks a while bank for various reasons, like the post-graduate account offered by Lloyds and it was easy to get for my parents to transfer cash into my account, i.e. they are lloyds as well.

 

StyX

StyX Has Won

 

RBS - £2,500

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  • 4 weeks later...
You ask for the amount again not including interest. Also you do not have to enclose a Schedule of charges. I think some more reading of the faqs and step by step instructions is required.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

 

Hi I am at the stage where I am about to file my claim. can you help with regards to the actual form. as you can't copy and paste on to the actual court form do you put the particulars of claim onto a word doc and attach or hand write on court form?

 

Thanks last question- hopefully!

 

Rachael

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