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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
      • 161 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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lornac
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;-) I tentavely started thinking of getting my money back in May 2006 when I sent letter to RBS asking for total charges, it's taken me until now to write first letter asking for my money to be returned. Posted on 16/04/07 recorded reclaiming £1471 without interest had reply, standard letter- they are considering my claim and will respond as soon as pos - well they have until the 30/04/07 then my letter before action will be sent.

Do I add interest at L.B.A or wait until I am raising action?

I live and I'm claiming under Scotts Law

I may have been very slow to start claiming but now that I'm in action I want my money back.

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You are entitled to add 8% statutory interest as a result of filing a court claim so the answer is no.

 

 

You can claim contractual interest from the beginning, but as you are in scotland, I think you will find this difficult to obtain. Stick with that, you are fortunate in that you just fall under the small claims limit.

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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lornac, its summary cause you will need to use (up to £1500) not small claims (up to £750).

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally 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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Sorry, yes summary cause. :oops:

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 personally would get them for as much as i can. They do it to me... But it is your call. Weight up the pros and cons. If you push it over 1500 then more paper work, but how much over the 1500 are you, is it enough to make it worth your while. Alternatively move to England :p.

StyX Has Won

 

RBS - £2,500

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:D Thanks for the help and sugestions, when I raise a summary cause and add my interest at 8 per cent(£259.15) this takes me over £1500 to a grand total of £730.15 is this O.K.? or should I drop the intrest?I have my LBA ready to send on 30/04/07.

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I think you should be okay as the first part of the claim is below £1500 (the second part of the claim is for interest). But other posters will be able to confirm whether or not this is the case.

You may also want to raise this question as a thread in the Scotland subforum.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally 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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Just to confirm, the limit is for your claim only.

 

Any interest you add as a result of you filing is not counted so you are ok to claim the interest.

 

 

Styx, it is a bit misleading to newcomers to just say "I went for 33.5%" because it will cause people to assume that they can just "go" for that. Without explaining how and why and what the implications are, you are possibly putting people in difficult situation. What if their claim is contested? What then?

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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Just realised my error I've read through all relevent posts prior to sending my first demand for monies to be returned and I have sent the claim for previous 6 years(should have been 5) as I'm in Scotland, thing is my LBA gets posted on Monday 30/04/07 should I correct it to 5 years reclaim or leave it?

If I leave it should I alter it when raising summary cause?

It's my mistake

thanks everyone out there for all the help x

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You could amend it at LBA stage and put something in the letter acknowledging your mistake saying you have recently discovered that the limit is 5 years. They would be quick to point this out anyway, so don't be too concerned.

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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;) Morning everyone, sent my LBA recorded yesterday so should be raising summary cause on 14/05/07, now looking for information on how to go about this? I've read a lot of threads saying that they've skipped this - waited 8 weeks and gone to FOS! is this a better option or what!:-? looking for some advice while I troll other threads.

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Lorna,

 

How much have you claimed for? How is it broken down?

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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T4FF HI,

I'm claiming £1286.00 in total.

in charges £720 ; referral charges £200 ;unpaid DD £331; card misuse £35.

I await with baited breath to hear from Sandy(who seems to have all power @ RBS) hope she just hands back my money!;)

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The choice is up to you lornac, if you wait it out you will get a full refund of charges, many many people have gone this route to prove it. If you go for summary court action you will gain 8%, but the time scale may be considerably longer, more stressful and you will have the legal paperwork to attend to. In saying that there are plenty of experienced people in the forum who will help and guide you along.

I keep saying this, the choice is yours and yours alone to make, go the route that suits you best. Either way you will get your charges refunded :)

05/03/07 S.A.R - (Subject Access Request) handed in at branch

Found missing statements at home !!!!

08/03/07 Prelim+ schedule posted rec del

22/03/07 :mad: No reply to prelim LBA posted rec del

05/04/07 :mad: 14 days and no reply to LBA, sent e-mail

27/04/07 :D Offered FULL SETTLEMENT £3375

03/05/07 Cash in bank account :D :D

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Have to agree with dangler8 here, voice of experience being in scotland ;)

 

It may be worth reading a few of the people who have had successes over the last few weeks or are currently running through theirs, a couple are dangler8, seahorse, superward, atlantic and alpha. Worth having a read through their threads at least.

 

One bit of advice, put SCOTLAND in your location (your can do this in profile from the USER CP selection at the top) as the scottish rules are entirely different to English that way you're easy to identify.

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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T4FF sometimes the Scots and Welsh do agree, its at rugby we tend to differ :)

05/03/07 S.A.R - (Subject Access Request) handed in at branch

Found missing statements at home !!!!

08/03/07 Prelim+ schedule posted rec del

22/03/07 :mad: No reply to prelim LBA posted rec del

05/04/07 :mad: 14 days and no reply to LBA, sent e-mail

27/04/07 :D Offered FULL SETTLEMENT £3375

03/05/07 Cash in bank account :D :D

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  • 1 month later...

:D Hi Guys

Sorry I've not beenkeeping up with replies but GREAT NEWS got a letter today offering ALL my charges back, a good will jester they don't addmit over charging.

£1286.00.

IT's only taken ;

letter requesting total charges(data protection)

letter of request

letter from RBS (sandy watt) of acnolagement

LBA

letter giving RBS 8wks (from first letter) to settle before fo involved

letter of offer

So to everyone out there who is helping all of us scardy cats THANK YOU for all your time effort and encouragement.

And to everyone who is reading all these success threads GET YOUR FINGER OUT AND GET YOUR MONEY BACK!!!!!! :D

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Well done lornac :D :D

 

Great result!!

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally 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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