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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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Assistance required please pict v's BOS


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I have listed this in the general section I thought I better also list it here

 

Firstly I would like to thank everyone who has helped get me to this stage. I have started a new thread as I asked too many dumb questions on the last one.

 

 

The story so far………..

S.A.R sent 05/09/06 – Reply received 20/10/06

Charges are as follows:

2000 2001 2002 2003 2004 2005 2006 Total

£1620 £380 £740 £131 £2064 £639 £1430 £7004

Request for repayment of charges posted 01/11/06 requested full repayment of £7004 in charges – reply received 06/11/06

Standard letter received stating

I am sorry to learn that you are unhappy with charges applied to your account. We’re keen to deal with your concerns as quick as possible. A customer relations manager will investigate the points you have raised and you will receive a reply shortly, but no later than 4 weeks”

 

I then against my better judgement waited.

 

Received a letter 29/11/06 saying that they were sorry that I had not had a full response to my concerns. We are still investigating your complaint, and you will receive a response from us as soon as possible, but certainly no latter than 3rd January 2006.

 

Sent letter before action requesting full repayment of £7004 04/12/06

 

The day after posting the letter I received a conclusion to the investigation dated 01/12/06. The letter when through the standard bank charges are fair bumf before this paragragh that stated “ as a gesture of good will I would like to offer you £1620 in full and final settlement of your complaint. I must stress that future charges will stand and we reserve the right to close your account if you do not manage it correctly. To accept this offer please sign and return the enclosed acceptance form in the pre-paid envelope. You requested information on how we calculate our cost for dealing for dealing with these transactions. Please note that we are not obliged under the data protection act to supply this information, and as it is commercially sensitive, I regret to inform you that I am unable to comply with your request.”

 

The acceptance form states I confirm that I accept the offer of £1620 from Bank of Scotland in full and final settlement of my complaint regarding bank charges made on my bank of Scotland accounts.

The word accounts used at the end worried me as I am also working on charges on a BOS credit card and BOS preference account. This acceptance seems to suggest that if I was of a mind to accept (which I am not)I would then not be able to claim from any other BOS accounts

I have no intention of accepting this offer anyway as it falls way short of the total charges.

 

I would like some advise on how to proceed as I have already sent the letter before action prior to receiving this offer.

Advice given is purely my opinion, and is not based on any legal training.

BOS Credit Card...........................Hearing Date 07/02/07

Full Settlement..............................13/02/07

BOS Bank Account .........................total charges £8,655.92

1st offer..............................................£1620.00 01/12/06 Rejected

2nd offer.............................................£3255.00 03/01/07 Rejected

Summary Action victory.................£1499.02 22/03/07

Full and Final offer............................£7,200 19/04/07

Pict...............

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pict you do not state if you are in england or scotland. if in scotland to do this size of claim would require the assistance of a solicitor as it is above the summary cause limit of £1500. if claiming in england then i would assume it would go one above small claims which i think is called multi track? however to answer your question as to what to do next wherever you are court is now your next option. i suggest you read up on claims proceedure for which part of the country you are in and submit your claim. good luck

bos~ Data Protection Act sent

~ statements received

~ owed £1766.82

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

bos Data Protection Act sent

~ statements received

~ owed £1217.86

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

court date issued of the 17th november

27th oct full offer totalling everything including 8% interest court costs and £10 dpa sar..... one down next to go.

 

rbs~ Data Protection Act sent off 21/09/2006:mad:

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bos~ Data Protection Act sent

~ statements received

~ owed £1766.82

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

bos Data Protection Act sent

~ statements received

~ owed £1217.86

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

court date issued of the 17th november

27th oct full offer totalling everything including 8% interest court costs and £10 dpa sar..... one down next to go.

 

rbs~ Data Protection Act sent off 21/09/2006:mad:

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Thanks Smoorach

I live in Scotland. I have only asked for them to repay the full amount at this stage. When it comes to making a court claim I will break the claim into sections to meet the courts limits.

I will post the rejection letter today thanks again.

Advice given is purely my opinion, and is not based on any legal training.

BOS Credit Card...........................Hearing Date 07/02/07

Full Settlement..............................13/02/07

BOS Bank Account .........................total charges £8,655.92

1st offer..............................................£1620.00 01/12/06 Rejected

2nd offer.............................................£3255.00 03/01/07 Rejected

Summary Action victory.................£1499.02 22/03/07

Full and Final offer............................£7,200 19/04/07

Pict...............

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i have to say pict this means of claim splitting has been successful however you do run the risk of the courts looking on it as a waste of their time. this is the feeling of the courts in england. if this happens they could in theory throw your claim out and not allow it. i do not say this to scare you but please bear it in mind. in saying that i find the courts in scotland exceptionally helpfull and they are more lenient on claim splitting than in england as they realise out limits are not very realistic. good luck hun

bos~ Data Protection Act sent

~ statements received

~ owed £1766.82

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

bos Data Protection Act sent

~ statements received

~ owed £1217.86

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

court date issued of the 17th november

27th oct full offer totalling everything including 8% interest court costs and £10 dpa sar..... one down next to go.

 

rbs~ Data Protection Act sent off 21/09/2006:mad:

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Smoorach there seems to be different views on this matter of splitting up the claim but I think that most of the advice on this site seems to suggest that this is the best way or at least the most common way to pursue the claim. I have considered raising the stakes and going for the lot in one go but that involves lawyers and highier costs. I haven't closed my mind to the idea but i still find that way a bit scary.

What are the views of the CAG members?

Advice given is purely my opinion, and is not based on any legal training.

BOS Credit Card...........................Hearing Date 07/02/07

Full Settlement..............................13/02/07

BOS Bank Account .........................total charges £8,655.92

1st offer..............................................£1620.00 01/12/06 Rejected

2nd offer.............................................£3255.00 03/01/07 Rejected

Summary Action victory.................£1499.02 22/03/07

Full and Final offer............................£7,200 19/04/07

Pict...............

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pict,

i honestly wasnt trying to put you off claiming in this way i just wanted you to be aware of certain risks that might crop up so that you go into it considering all the pros and cons. i myself am splitting one of my claims and i am hopeful of succeeding. however if it is not allowed i would only lose out on a couple of hundred pounds so my risk is not as large as yours. all i can do is point out any risk that is involved i cannot advise either for or against this way as it is a personal choice. i really do appologise if you thought i was trying to influence you one way or another

bos~ Data Protection Act sent

~ statements received

~ owed £1766.82

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

bos Data Protection Act sent

~ statements received

~ owed £1217.86

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

court date issued of the 17th november

27th oct full offer totalling everything including 8% interest court costs and £10 dpa sar..... one down next to go.

 

rbs~ Data Protection Act sent off 21/09/2006:mad:

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Its okay smoorach I never took any offence. I am grateful of any advice given as I gives you other peoples point of view which is really important within forum sites and claims of this mature. I still think that I will go down the splitting route though as others have had success this way.

cheers...

Advice given is purely my opinion, and is not based on any legal training.

BOS Credit Card...........................Hearing Date 07/02/07

Full Settlement..............................13/02/07

BOS Bank Account .........................total charges £8,655.92

1st offer..............................................£1620.00 01/12/06 Rejected

2nd offer.............................................£3255.00 03/01/07 Rejected

Summary Action victory.................£1499.02 22/03/07

Full and Final offer............................£7,200 19/04/07

Pict...............

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