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    • If you are buying a used car – you need to read this survival guide.
      • 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
      • 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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rudi
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Hi Rudi, and welcome. sounds like u know what you're doing but if you get stuck don't be shy.

 

You won't need it - but good luck anyway!:)

:lol: Sweetrevenge :lol:

Don't get mad - get even!

If I've helped you please hit my scales 'n' bump my rep!

 

RBS (My A/c) S.A.R - (Subject Access Request) sent /10/06, statements rec'd 20/10; Prelim sent 3/11/06, s*d off letter rec'd 20/11; LBA sent 28/11, Settlement offer rec'd 18/12

WON at LBA with compound contractual interest £607

 

RBS BF Account S.A.R - (Subject Access Request) sent 4/11, part response rec'd 28/11, further info sent 3/12 awaiting statements at 20/12, Sent LBA 19/01/07. Received all statements resulting in 3 claims, £1,278, £4,279 and £7,250(!) all with contractual interest.

 

 

This is now very out of date!!!!

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I notice that on the weekly court lists at the Glasgow Sheriff Court, the Summary Cause cases of individuals against banks rarely show that a law firm is acting for either side. Does this mean that in cases like ours, the banks arent even appointing court solicitors, as it would be a further waste of their (our) money.

 

What I find most despicable, is that they keep charging and denying claims, whilst settling others at the very same time. Bank staff have clearly been instructed to lie to customers and claim that they dont know of any such successfull claims.

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If you want to see successful claims, take a look at the survey results which in fact only show a percentage of the results from this site, alone.

 

Also have a look at the success sub-forums in the various bank forums.

 

Good luck with your claim.

Regards, Rooster.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

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Thanks, Ah say thanks Rooster.

 

I spoke to Willie Carson, Customer Care Manager at BOS (on 0845 850 0431), this morning, after recieving his letter denying my claim. I asked him why he would deny my claim whilst settling many many others. Would n't he just have to cough up like they did for all the others? Was I a special case, and different to all of the other claims that they have settled?

 

He refused to comment on other cases, but said that he was unaware that anyone had been repaid their charges. I made it clear that I would be submitting my court papers as soon as the 14 days notice had run out, unless they saw sense and paid the money to me.

 

We'll see what happens.

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  • 4 weeks later...

HI Rudi

 

I got my claim settled with RBOS on first letter. I think you have a better chance of getting it settled quickly if your claim is below £500. Both claims of mine that have been settled quickly have been below £500.

 

Good luck. I'm about to start court proceedings with BOS. They havent even had the decency to acknowledge my letters.

 

Kind regards

Gemspan

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I've just recieved a letter from Margaret Wilson, Deputy Team Manager, at the Bank of Scotland. She is confirming that they "are not prepared to refund the charges levied, for the reasons stated in Willie's (Carson) letter".

 

I'm going to phone her now.

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Hi Rudi

 

I wouldnt get involved in telephone conversations with BOS unless it is to finalise settlement. Keep to your plan of action. If they are not prepared to refund the charges then you take them to court. Its that simple. They will then refund the charges!!!!!

 

Dont stress yourself out by speaking to them; they will only seek to confuse you and intimidate you. There is a system you should follow and I would recommend that you keep to the system and not rise to their bait!!!

 

Good luck

Gemspan

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