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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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stacymason v RBOS


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Hi,

 

Very new to all this but now addicted to this site! I spent several hours last night going over old statements and now calculate RBS have charged me £1,147, so if I've got this right my first step is the preliminary letter?

 

I've already done one to Natwest claiming £228, and I've just had a row with them on the phone because they charged me £76 yesterday!

 

So all fired up now and hoping its not too scary!

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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  • 3 weeks later...
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Can anybody help me please, I sent a preliminary letter to RBS on 9th May and received a reply from the branch manager to say that he'd requested copy statements of my two accounts for the last 4 years and he'd reply within 14 days. I then got a letter yesterday saying he's received the statements and will reply within 7 days.

 

This will take it to 21 days from my original letter, should I go ahead and do the letter before action even though hes kept me well informed or wait for his response which i expect will just be the standard p**s off letter anyway?

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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Stick to your own timetable, they will just be buying for more time, they done that with me and I waited the 3 weeks then got another letter saying they would get back to me in another 14 days which would have been 5 weeks.

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Nicola's right Stacy. They are just stalling you. These corporation are large enough to be able to deal with your query in the reasonable time limits you have set.

 

You can respond to their reply immediately with an LBA letter.

 

Good luck and keep us posted.

Vamp.:)

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right thanks I'll post it out today!

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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Hiya,

 

Sent my LBA to RBS on 25th May and it must've crossed in the post with one off them saying they differ to the views expressed..... offer you £500 in full and final settlement! No chance the claim is for £1147. Anyway from reading the forum I gather this offer is pretty standard practice but my query is regarding method of payment when they finally do pay me in full! They're saying they'll credit the account which the payment relates to with the £500 but I no longer have access to this account and I've made it clear in my LBA that payment must be in the way of a cheque? Am I allowed to ask for it by cheque as i have an overdraft with them thats being managed by a debt managemnet company? Any advice gladly received!

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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Sent a letter saying would accept the £500 as an interim payment but would be persuing the full amounts through the courts, referred them to the deadline in my LBA on 25th May, Which gives them 7 days to respond.

 

All correspondance has been addressed to and received from my branch manager if that helps anybody.

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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  • 2 weeks later...

Hi I'm just about to file my claim with moneyclaim and not sure of what address to put on the claim, All addresses in RBS contacts seem to be in Edinburgh and need an address in England or Wales for claim.

 

Any ideas??

 

Stacy

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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Hi I've just filed my claim online and I know I'm supposed to send the spreadsheets somewhere as well can anyone help me with what to do next?

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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RBS have until 4th July to acknowledge my claim! oh well I guess it's just a waiting game now!

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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Hi I've just filed my claim online and I know I'm supposed to send the spreadsheets somewhere as well can anyone help me with what to do next?

Send the spreadsheets to:

 

Northampton County Court

21-27 St Katherine's Street

Northampton

NN1 2LH

 

Make sure you send a covering letter quoting the Claim Number.

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sent one to Northampton County Court and one to RBS!:p

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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RBS have now acknowledged my claim on 21st June so 27 days to go!!!

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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28 days from the date they were deemd to receive it which you should have had from the court. Mine was 21st. Just keep thinking of how you'll spend the money when they finally pay up!!!!!

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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  • 3 weeks later...

well 2 days to go and still no defence from RBS! I don't know why they have to leave it till the last minute!!!

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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in this claim I've claimed for the 3 years I've been on the account with my husband, I'm pretty sure he will have had charges before this, can I go on to put in a second claim for the earlier period?

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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You can claim further back than the 3 years you are currently claiming - I would settle this one first - then make sure you don't sign anything that says along the lines of this being 'full and final settlement of all claims by you'. Then you can start a new claim for the prior 3 years (and maybe further back than that according to some threads...).

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Thanks! I'll draft the DPA letter for the statements ready for when this one is finished.

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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You can claim further back than the 3 years you are currently claiming - I would settle this one first - then make sure you don't sign anything that says along the lines of this being 'full and final settlement of all claims by you'. Then you can start a new claim for the prior 3 years (and maybe further back than that according to some threads...).

 

It doesn't matter what you sign; you cannot sign a legal right away if it's granted in Law. You could sign an affadavit saying I will never ever claim from you again for anything at all; and then claim the next day because you are legally entitled to that for which you claim.

 

So - even if you signed an "any and all claims, and all future claims" clause, it could only make it slightly more difficult. You can claim for charges going back as far as the bank has records; although no-one has tried to go beyond the six years yet in court.

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I've just applied for judgement by default as day 28 for RBS was yesterday! still a bit apprehensive though as they seem to have been submitting it before 10am in a few other cases and it gets accepted!

 

Oh well wait and see again!

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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andddddddddddddd RBS have filed a defence at last min!!!!!!

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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Guest BlueRuby

Shame :razz: Still at least you will probably get your money back quicker than I'm getting mine! I think it's an abuse of the court system to leave everything to the last minute and it annoys me that, when money's tight anyway, they force you to shell out more in court fees. I know you'll get it back but you have to find the court fees first :mad: Rant over - for now!

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I know, including the court fee mines for over £1500 so I think I'll have to pay the £100 allocation fee. I was hoping they would defend after seeing the trouble you and a few others have had with the judgement by default, Im sure they'll pay up much quicker this way!!

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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Thanks

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