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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
      • 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
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tanzi10 v RBOS


tanzi10
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I sent my claim to RBOS on 15 November requesting repayment of £1719.59 taken from my now closed account in charges over the past 5 years. I received a reply from their customer care department dated 20 November saying that they had passed my claim to their customer relations department as it related to the bank's charging policy, and they would respond to me directly within 10 working days. The 14 days I gave them to respond has now gone so should I now proceed with the LBA or wait another few days to see if customer relations contact me?

 

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I received a reply today from Tommy McLean at customer relations stating that they would not be refunding any charges as they believe them to be 'fair, reasonable and transparent', and that the OFT's statement of 5 April 2006 related to credit card accounts only and not current accounts. I am going to proceed with the LBA now but have a few questions that hopefully someone can help me with. Firstly should I send the LBA addressed to Tommy McLean at customer relations in Edinburgh or to the customer care care team in Telford where I sent the original claim to? Secondly should I amend the date of service on the charges speadsheet to the date I am sending the LBA or leave it the same as on the first request for repayment I sent? Lastly I have added interest on at 8% which after reading several other posts think this was maybe the wrong thing to do as it seems that this is only added on at the court stage. Should I remove the interest from the spreadsheet I am sending with the LBA or leave it on as I am not sure how to calculate the actual interest incurred as a direct result of the charges. I thought this was interest I was charging them for having money of mine for the last 5 years. The spreadsheet I am using is the excel simple, Scotland one.

Any help or advice would be greatly appreciated.

 

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I thought the same about the interest, but I don't think it matters much as if they settle out of court, you will only get the actual amount in charges, not any interest; you've just saved yourself some time later if you have to go to court. I sent my DPA letter on 7th Nov and was offered £1350 today from Tommy McLean, they owe me another 650 so I'm rejecting the offer. Seems strange they have offered me money but not you. As far as i'm aware, you don't ammend the date of service, it remains the same as when you first contacted them

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I sent my LBA on the 5th December giving them another 14 days to pay the £1719.59 they owe me. I expect that they will refuse to pay again or offer a reduced settlement, so am preparing now for the court stage. As I live in Scotland I understand I have to make a claim called a Summary Cause through the Sheriff Court, but the maximum that can be claimed is £1500. Should I split the claim into 2 or just claim for £1500? Any advice would be appreciated.

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