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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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Ha anyone actually had to stand up in court against the banks?


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It seems some claims are dealt with very quickly yet others are dragged as far as pocssible.Has anyone actually had to go through the full court process with the banks turning up?

 

Im getting concerend now that they are going to take me all the way

 

Regards

 

Baslow138

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Ive just been offered a settlement on my claim oddly £77.00 below what I was claiming but Im happy with it. My big problem is that the money will be paid into an account that I will not be able to access as because of all the charges issued previously. I think the company is called CMS and once the account is with them then RBOS cannot authorise anything without their consent.

 

Would I be able to set up another account within RBOS and ask for my money to paid into that account? Any other ideas anyone?

 

Cheers

 

Baslow138

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wll Ive talked to Credit Management services (CMS) and they say the offer of setlement will be paid into the account and will pay off existing debts( a personal loan taken out solely to pay the bank charges!) Once cleared the account is closed and I will have to make 'alternative banking arragements'

 

Does anyone know of settlements being paid as a cheque or into alternative accounts?

 

Baslow138

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if you want it paid by cheque you need to inform them off this. but surly clearning your debt is a good thing? is your settlement more than the debt?

 

I agree but I would like to clear the debt ( a personal loan) in a organised,month by month way. I have had no bank account for past year while this has been going on and need the money to clear more urgent debts.

Has anyone been paid by cheque at all?

 

Baslow138

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Hi

yes i was sent a cheque from Cobbetts last week, it was made payable to myself into bank account No *******, which means i can only pay the cheque into my rbs account that generated all the charges. Have you been refunded by cheque

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Hi

yes i was sent a cheque from Cobbetts last week, it was made payable to myself into bank account No *******, which means i can only pay the cheque into my rbs account that generated all the charges. Have you been refunded by cheque

 

No just an offer to pay into a CMS controled account.Why should I be dictated by them where MY money goes? The debt was solely driven by charges and the account kept from the courts by paying in money from other accounts( very often loans from mates!)

 

Baslow138

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Actually, I've just thought about it and of course you will not benefit if you have an overdraft and you don't want them to refund your money in case it swallows the overdraft and they may well close your overdraft for you. OK, I get it now.

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Like the previous thread said though. Even if you go for court action, when you do get a cheque from Cobbetts it is stipulated to pay you but into your bank account number *******

:)RBS - Settled in full -3k
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Like the previous thread said though. Even if you go for court action, when you do get a cheque from Cobbetts it is stipulated to pay you but into your bank account number *******

 

My plan now is to go to court to specifically ask for the cheque to be paid to me with no stipualtion which account it is paid into.

 

After all I wouldnt have been overdrawn and had to take a loan out,been threatened with court action if it wasnt for illegal charges.

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I was under the impression that if you requested payment by cheque to you, then this was ok ? - If you have a parachute account then you should by able to pay this into there right? - Please correct me if I am wrong?

01.08.06 - RBOS - S.A.R - (Subject Access Request) request

 

01.08.06 - Alliance @ Leicester Credit Card - S.A.R sent

03.09.06 - £495 owed - Alliance and Leicester sent cheque for £130 - Accepted as partial payment

03.09.06 Alliance & Leicester - LBA letter sent to recover remainder

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I was under the impression that if you requested payment by cheque to you, then this was ok ? - If you have a parachute account then you should by able to pay this into there right? - Please correct me if I am wrong?

 

No apparently they pay it to you but it stipulates which bank account it gets paid into ie the one with the loan or overdraft and obviously thiers!

 

jIM

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I have heard of people getting round this by cashing these with cheque cashing companies but then you're losing money to the cash converters!

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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If you have outstanding debt with the company your claiming from then they generally have a right to offset monies against that debt.

 

If your in an IVA or formal DMP then you have a right to ask for the money in a cheque and go to court to get it. However, the purpose of getting the cheque is not to buy new shoes etc, but so you can distribute your windfall pro rata to all your creditors.

 

I have been paid by cheque for all of mine but then all my accounts are closed. I don't think many people if any, have been paid by cheque where they have a debt with the bank.

 

Probably no help but i think this about right, finally if you insist on a cheque and they refuse you have to decide if you would go to court over the method of payment?

 

HTH

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Can I ask re court costs and other "external" costs, we have had to pay, how do we get at least this money back as it effectively means that we pay the banks extra for taking them to court, only for this money to be used to reduce balances etc anyway? - surely this is not right ??

01.08.06 - RBOS - S.A.R - (Subject Access Request) request

 

01.08.06 - Alliance @ Leicester Credit Card - S.A.R sent

03.09.06 - £495 owed - Alliance and Leicester sent cheque for £130 - Accepted as partial payment

03.09.06 Alliance & Leicester - LBA letter sent to recover remainder

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I was under the impression that if you requested payment by cheque to you, then this was ok ? - If you have a parachute account then you should by able to pay this into there right? - Please correct me if I am wrong?

 

I stipulated in my letters to RBS that I want a cheque which I can deposit into any UK bank a/c, don't know if they'll take any notice but at least I know that i've requested that in writing to them. Also, have been reading another thread on RBS section where 'Right of Appropriation of Settlement' was mentioned. I'm about to investigate whether I am entitled to invoke this right, but if I can, I will and will keep posting. Apparently, you have to put this in all your correspondence with them from the start, but I only read about it a few mins ago and I file on Mon!:cool:

Hope i've helped!

Good luck and best wishes:)

Paying interest on a loan caused by penalty charges? Read this!!

 

Very useful A-Z here:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html?highlight=can%27t+find+what+you%27re+looking+for%3F

 

New strategy for Scots claims here:

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

 

Scottish procedure:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/42620-scottish-procedure.html

I am a layperson not a legal expert, my advice is offered without prejudice or liability, it is purely my opinion based on personal experience and should be treated as such. If in any doubt seek the advice of a qualified professional.

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