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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
      • 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
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Monty vs. RBoS


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  • 3 weeks later...

OK - here's an update. Didn't receive a response in time so sent an LBA of earlier this week. On the same day, (after I sent the LBA) I received a letter from Andy Sinden giving all the usual rubbish about being committed to transparency and satisfied that they comply with all laws and regulations.

 

As the account is with a collection agency, they offered to reduce the debt by about a quater of my total claim - which is more than the total debt due to contractual interest. I guess I should accept this but only as a down payment to a full and final settlement of the fully claimed amount....?

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Correct! Should be a partial settlement letter around in the letter templates.

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Thanks T4ff - got it!

 

Just been looking at the N1 form filling section in the FAQs. In the particulars, it refers to the 8% interest rate being added, but if you are claiming contractual interest, is there any tried and tested text that can be used in place of this???? - just planning ahead for when the LBA deadline expires.

 

Thanks

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Probably - don't really know as I didn't claim it. I would think that a detailed poster would have it worded in their thread. Searching for "contractual" in the RBS successes forum might be a good start. Might also give you some good reading for what you should expect from your claim.

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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OK, received another letter from Mr Sinden, repeating the banks offer (which is just over what the total charges are) but saying the bank will not pay interest no matter how it has been worked out (significance of that?).

 

So, I'm intending to go to court claim, but am concerned about having to justify the request for interest in the particulars of the claim. Found some interesting threads in the RBoS won section, which should be a great help, but wonder if anyone has actually got to court and successfully argued a contractual compounded interest claim...? These were settled first.

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  • 3 weeks later...

Currently doing my POCs - I've been looking at a number of posted examples of these, and used Justwon's comprehensive posted POCs in detail from the RBS successes forum. Does anyone know if there is an advantage to including such a large amount of detail, specifically listing the info generally required at evidence stage for the AQ, at POC stage? For example, can it speed up the chances of getting a settlement earlier as you effectively argue the bulk of the facts of the case at this relatively early stage?:confused:

 

Any examples of this that any one can qoute - other than Justwon, of course?

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