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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
      • 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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They have made me an offer...


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Hi,

 

I filled a claim against RBS for £470 + 8% statutory interest (£120) and the £80 claim fee. Total £670.

 

They have sent me a letter saying that I am in the wrong, but they have made an offer of £470...

 

Basically I don't want to accept... but If I reject the offer what is my chance of success?

 

Any comments

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You can't go after the stat 8%, that would not go down well with the Court.

 

You should write back to them , however, pointing out that since they took so long to sort it out, that the timetable you outlined at the outset had been adhered to, and court action commenced, therefore they should be paying your court costs.

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I don't think anyone has had an offer of a full refund and gone to court anyway, no. I wouldn't if I was you.

 

If you wanted to make sure you got interest, you should have gone for CI added at prelim.

 

Sorry if that's not what you want to hear, but you have won, enjoy it.

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You've had a full settlement offer. What can you take them to court on the grounds of? You would be threatening getting your claim thrown out of court if you did this.

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 wasted bullet i may be wrong here but the way i am reading this is that you have done your claim MCOL and then you have had an offer, to clarify this for you.

 

1/. If you havent started a court claim against them and they offered the full settlement you need to accept this as it would prejudice your claim not to.

 

2/. If you have started legal proceedings then they made you the offer, refuse it, you are entitled to the judical interest of 8% plus your costs of MCOL.

 

Clairify where you are at, claimed filed or not?

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Hi wasted bullet i may be wrong here but the way i am reading this is that you have done your claim MCOL and then you have had an offer, to clarify this for you.

Aaaaah. Yes I see where you're coming from, jumped the gun a bit I did.

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 filed, then the answer would be to reject. They aren't going to allow this to get to court. They will return with a full settlement.

 

There is a rejection letter in the template forum.

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 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 there,

 

Similar story here. I had already filed a claim by the time they responded to my original letter, 7 weeks later, offering to settle without liability the full amount.

 

I rejected their offer asking them to include the £39 cost in raising the action + interest on the amount.

 

Anyway, since then they have apparently stated they will appear on the date of the hearing which is on Monday (letter to that effect waiting at home). No hint given as to whether they are disputing the action or not.

 

So, no going back now. Will, as they say, keep you all posted...

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Hi

 

I've also been offered a part settlement from RBS. My LBA was sent to them at the beginning of the month and they first send a holding letter and then followed it up with an offer within the 14 day timescale. Thing is my claim is quite substantial (£7k plus) and they have offered me a settlement at about 75%. I know that by rights I can take it further but due to the amount of money involved I'm very tempted to accept to save me the hassle of fighting them any further. Anyone got any thoughts? Thanks

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Hi

 

I've also been offered a part settlement from RBS. My LBA was sent to them at the beginning of the month and they first send a holding letter and then followed it up with an offer within the 14 day timescale. Thing is my claim is quite substantial (£7k plus) and they have offered me a settlement at about 75%. I know that by rights I can take it further but due to the amount of money involved I'm very tempted to accept to save me the hassle of fighting them any further. Anyone got any thoughts? Thanks

 

Depends whether it's in a Scottish Court or an English Court... in your case, the amount exceeds the small claims court limit in either case, so i would consider seriously whether you want to pursue them for the full amount... main reason being that were you to lose, then costs could be awarded against you - not something whihc can happen (as far as I understand) in the small claims court.

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i wrote an initial letter to rbs claiming 1521.00 + interest (390.00), they wrote back offering the 1521.00 but no interest, not sure what to do, does anyone have any ideas, do i accept the 1521.00 and leave the interest, or do i issue another letter asking for the interest ?

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Depends whether it's in a Scottish Court or an English Court... in your case, the amount exceeds the small claims court limit in either case, so i would consider seriously whether you want to pursue them for the full amount... main reason being that were you to lose, then costs could be awarded against you - not something whihc can happen (as far as I understand) in the small claims court.

But what are the chances of losing? If 25% of the claim means another £2,500 then surely the honus is on Scott to do his revision, ensure his court claim is watertight and file?

 

JMO

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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I had already filed my claim with MCOL.

 

I phoned RBS the next day and rejected the offer, I was told that the offer thay had made was the 'Only offer that they would make....etc...'. I said that because I had allready filed my claim online when they made the offer I wasn't going to accept it and I would request a Judgement as soon as the 28 day period exspired.

 

Then 36 hours later I had a second letter with settlement for the full amount. £626.

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