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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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RBS (I'm giving it a go...)


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Donel,

 

I believe in Scotland the limitations is 5 years (6 England). Doesn't mean you can go for charges beyond that, from what I've been readinmg on this site, some folk are going way back, however you may want to verify this for yourself....

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Donel,

 

I'm not saying I'm right, but might be worth asking one of the moderators in the Scottish section if the 5 year thing is true - they seem to be very well schooled on all of this.

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They have not yet cashed my cheque probably because I sent the request to the registered offices. I have now sent a copy along with another letter to my branch manager informing him of his obligations under the DPA and informing him to liase with the relevant department to ensure they respond within 40 days or I shall be complaining to the information commissioner.

 

Carries on waiting...... :rolleyes:

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The bank have now cashed my £10.00 cheque, however they have also took a £5.00 charge for backdated statements, is this normal? I should receive the information soon and can then do my LBA.

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ADVICE NEEDED PLEASE:

 

I have now received my bank statements from the bank, I have added up the charges and they total £560, is this the amount I should tell them I am claiming in my letter before action, I know we aren't concerned with interest at this stage.

 

Another concern is do I need to check the balance before the charge was applied, i.e. if I was already £30 overdrawn and they charged £28 on top are they justified in doing that, however if I were only £8 overdrawn and they charged £28 making me more more overdrawn then I claim it back?????? Have I got it wrong, shall I just ask for the lot back..... please help.

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I don't want to sound harsh, but before going any further you should stop and read through the unfair bank charges FAQs.

 

First of all, you need to send the prelim before the LBA. Secondly, you should be claiming all the charges back. However, please understand that this is not a get rich quick scheme and could ultimately end up with you in court against your bank - you need to be well prepared, and at this stage you don't even seem sure of the arguments as to why you are claiming your charges back.

 

Have a good thorough read through the FAQs.

 

Good luck.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Thanks, I was aware of the correct process with regards to the letters just a bit tired and wrote wrong one, but thanks for the advice I have read them again... I just didnt understand the bit that said:

 

"Having received your statements and calculated your charges plus interest which you may have been charged on them if you were in overdraft at the time,"

 

Ahh well, I will look at it tomorrow.

 

Thanks again....

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Hi Donel the spreadsheet in the libraries is really useful at telling you what to claim and when and is really easy to use.

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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Lol, had a letter from bank this morning, my latest statment and guess what!!

 

"Charges to be deducted on 3rd July 2006 = £28.00"

Maintenance charge for going overdrawn by £5, coincidentally £5 they took from my account on top of the £10 cheque for DPA, it says on my statement "historic statement charge", cheeky gits..... nevermind.

 

I will add that to the amount when I do my LBA.

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  • 2 weeks later...

I've received a late response to my premilinary request for repayment, the letter before action was sent on the day I received it.

 

It reads: I am sorry you are unhappy, I intend to fully investigate and will contact you in two weeks with a response or to update you on my progress. I have requested backdated statements on your account blah blah blah, looks like standard cut and paste job, dated 19th June 2006 however they couldn't even be bothered to frank it until the 27th June 2006,

 

Signed: Deputy Branch Manager

 

Do I just lodge the claim after 14 days or give them time to investigate?

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Lodge the claim after 14 days, stick to your timetable not theirs!!

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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The bank have immediately responded to my LBA with the standard "we believe our charges are fair, reasonable & transparent........." However we are prepared to make a payment of £84 as a gesture of good will in full & final settlement.

 

I have now lodged my court claim = claim number 6QZ43026, wish me luck!!

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  • 4 weeks later...

Excellent, enjoy the cash. I'm also going to lodge court papers this week, probably towards the end of the week, hopefully it will foloow the same pattern as yours and I shall receive £££ in 4weeks or so. Has there been any mention of closing your account? I'm opening a parachute account, but would like to stay with RBOS as they know I mean business if they ever dare charge me again! Well done again!!

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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  • 2 weeks later...

Well done!!!!!!!! Nice to see RBS finally paying 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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  • 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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