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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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First offer from RBS should i take it.


ttl2004
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Hi guys,

 

I am currently 5 months into my claim from RBS (long time partly down to me).

 

I have recently sent my letter before action letter for a total of £6,500 including overdraft interest.

 

They have subsequently offered £4,700 clearly stating that this excludes any interest paid.

 

Two points to mention.

 

1. should i accept the offer ?

 

2. they have stated that it is to paid into my account where i have a £2,900 overdraft facility which is always close to it's limit. which is fine but my concern is , are they allowed to subsequently withdraw my overdraft facility at their whim.

 

regards

 

ttl2004

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Question 1 all depends on what you mean by overdraft interest. If you are referring to the debited interest charges on your statements, then certainly not. The reason they offer partial amounts is to make you think twice about accepting it - saving them a fair amount of money.

 

If however, you have already added 8% interest to your claim before you should have then I would expect this is all you are entitled to and you shoudl accept.

 

You have to be fully aware of the implications of refusing it however. If you do not receive a full settlement offer soon you will have to file a court claim, this will increase your claim as you will be able to include 8% statuatory interest to your claim. However, you will need to be fully aware of how to file you claim etc.

 

Question 2 is a little difficult to answer. They might, the might not? No one is really sure. If you overdraft is a little inflated right now in comparison to your income then it might well be recuced. Trouble is no one can really tell what they are going to do?

 

If you could clarify point 1 I could give you a more defining answer. Excuse the questions - you may have a full understanding of what you are doing but more often than not newcomers tend to do the wrong thing on the back of advice from other sites so I' mjust double checking.

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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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Another point is that if £6500 is not including the 8%, then this claim will not be in the Small Claims court

Yeah agreed which is why I'm trying to establish what the £6500 is made up of.

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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Hi guys,

 

Thanks for your replies,

 

The £6500 includes £888 of overdraft interest charged to my account, i have not included the 8% as per instructions in this forum.

 

I have to say being within £1,000 (excluding interest charged) seems a fairly reasonable offer considering it's their first. Is this the norm for claims of this size, or is their no way of knowing what the norm is?

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Not sure about the norm.

 

In which case, they have offered you 1800 less than what you are entitled too. Basically it is entirely up to you. If you accept this as partial settlement you can proceed to court, file your claim, add 8% interest and costs and claim back a hell of a lot more than £1800. However, you will be fasttracked and could be exposed to the banks costs if the court decides against. HOWEVER, providing you do everything by the instructions on this forum, the bank will settle for the full amount before it reaches court.

 

You could however, think yourself lucky and accept the £4700.

 

If it were my choice, I would certainly go to court for the rest BUT it is not my decision to make.

 

What I would suggest is wait the weekend, have a read through the successful claims forum, see how successful some people have been and make your decision come Monday. You're offer isn't going to go anywhere...

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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One more point i should have mentioned at the beginning is that i made a slight cock up at the beginning of my claim by sending the wrong shedule of charges (had the 8% column still on) and asked for the wrong amount in the prelim letter. Once i had fully researched the matter i corrected the shedule and asked for the outstanding charges plus the overdraft interest. the difference between the two was around £200, from my understanding this failure to get the process right first time can jeopardise a succesfull court case, is this correct and if so would you recommend i settle now.

 

thanks again for the advice.

 

regards

 

ttl2004

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If you corrected this in the LBA and told them you corrected it, I'm not sure it will make a difference

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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hmmmm, theres the sticky part, i corrected all the data and the figures were correct but i didn't make mention of it, the lba letter just pointed out the new figures and what they were for and the shedule had all the correct data on it.

 

 

Any thoughts ?

 

Oh and one more thing you may find amusing is that they stated , we refer to your letter of 8th december 2007 (damn they can see into the future), should have been 8th march.

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