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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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Cubalibre v Bos


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I have been with Bos since I was a student,I knew that they had totally ripped me off with charges but didnt realise it was to the tune of £2500 until I got the statements! they also lodged a default notice against me,I have since settled the account,but more on that later.

 

using the template letters on this site and some info from the govan law site (i'm in scotland btw) i sent off my prelim letter. Got a very speedy response from their customer service team saying someone would be intouch. right enough I got a phonecall the next day, the guy wanted to discuss my complaint,he was actually very nice about it saying he understood where I was coming from and was I willing to forget about it for oh... say £213, I told him i would be looking for the full amount...

 

he whined on for a bit longer then offered me £400,again I said no, then he said "ok in this situation we have been told to refund your worst 6mths worth of charges" which in my case was £713, (just shows you how much they were screwing me at the time), iIrefused again and he said ok i know how you feel etc,but they were not prepared to refund the charges.I have since got a letter say we are sorry you choose not to accept our offer etc. One interesting thing in the letter they claimed the charges were to cover their costs,which I assume is good as this will never stand up in court.:-D

 

Right now I am about to send them off the LBA from the govan law website with some alterations. will update this thread as and when they reply.

 

Just finally I have a question regarding the removal of the default on my account,at the time I was defaulted I was ~£760 over my od limit,albeit only for a few weeks or so. The default came about as a result of my going £700 over my limit in just a couple of weeks,due to checks cashed etc.

 

In the 8mths prior to this they had charged me ~£900 in charges,am I right to argue that the default was soley due to the illegal charges they levied on my account,as the charges compounded my financial difficulty, and prevented me getting back on my feet,which culminated in the default :???:

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Hello, welcome to the forum.

 

It's a good idea to include the fact that you require the removal of the default in both your LBA and your claim. this means that if they want to settle without going to court, they'll have to settle that part too. You don't need to add anything fancy, just something like:

 

"I would like to ask the Court to order the removal of any prejudicial information which HBOS PLC may have passed on to third parties regarding my account. In particular I would like to ask the Court to order the removal of any Default Notice which may have been posted on the Claimant’s credit report, because if it had not been for their unlawful charges, the Account would not have been in default."

 

They may offer you your money back but make no mention of the Default. It's important that you not agree to anything which doesn't EXPLICITLY include removing the default. In particular, you need to make sure that their definition of 'removing' it isn't just marking it as 'settled', otherwise it will still be on your file. I think you can afford to be quite hardball about this, because removing the default is very easy for them to do (they have unlimited computerised access to your credit file!), and it costs them nothing to do. It is inconceivable that they will spend thousands of pounds in court for something which is essentially meaningless to them (they're unlikely ever to lend you any money again, and you're unlikely to ask).

 

One other thing to watch for. They may threaten to close your account. The jury's very much out on whether or not they're allowed to do this, but it is prudent to open an alternative account elsewhere, just in case.

 

Please feel free to come back and ask if you need any further advice, and please remember to keep the forum updated on your progess.:)

 

Good luck

  • Confused 1

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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  • 3 weeks later...

Thanks for the excellent advice.

 

I sent off the LBA inluding the wording about the default and got a rather snotty reply telling me that they stood by their original decison not to refund the full amount of charges and that they could assure me that the charges had not been recorded on my credit record!!. Either ,they were too thick, to understand my argument, that £2300 worth of charges including £715 in the last 6 mths eventually put me in some financial difficulty, and led to the default, or they are dodging the question.

 

In anycase I submitted my first claim today, for £742.00 plus 8% interest, will keep this thread updated as things progress.

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  • 12 years later...

This topic was closed on 11 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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