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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.
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      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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Karen v RBS via FOS


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Hi all

 

Brief rundown so far:

 

02 Mar - sent first letter requesting statements

13 Apr - sent second letter claiming £2.7k

18 Apr - received letter stating RBOS 'considering claim'

30 Apr - sent LBA

 

Originally I was planning to use an English address and claim via MCOL but I've now decided to go via FOS but unfortunately I haven't read much about going down this route.

 

I haven't mentioned interest in any of my letters to the bank, does this mean I wont be able to add this on?

 

When does the 8 weeks before I can complain to FOS start? Is it from the date of second letter?

 

Should I be sending any letters to the bank informing them of my intention to contact FOS and adding interest to my claim?

 

Thanks

Karen

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Hi

 

I presume you're in Scotland which is why you are going down the FOS route rather than court?

 

8 weeks would be from when you sent prelim letter requesting refund -13/4/07. I am at a similair stage as you, the 14 days given in LBA have now expired so it's just a waiting game now. Reading other threads RBS seem to be making offer at around 7 week stage, just before you would take complaint to FOS. Have a read at some of the Scottish threads and they should help you. I think you can only claim 8% interest if you were taking claim to court but don't quote me on that, again have a read at the FAQs and threads.

 

Btw, I'm sending a letter to Sandy Watt informing them I am giving them the 8 weeks that FOS guidlines state but after that I will be putting in complaint to FOS and will take legal action if necessary. Just to keep me fresh in their minds!! you may want to consider that. Good Luck :)

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Thanks Alpha

 

That was helpful. :) ( yes I am in Scotland ).

 

I will do what you are doing and write a letter to Sandy Watt and then its just a waiting game I suppose?

 

Good luck with your claim too.

 

Karen

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The FOS will not become involved if any legal action has been started (Court involvement)

You can advise RBS that you will be claiming the 8% but this should only be shown in figures on your Court claim form.

The FOS are unable to get you the 8% interest so you would lose that.

Although there is an 8 week period suggested,it is not set in stone.

You should be able to show that you have made reasonable efforts to resolve the matters before contacting the FOS.

If it can be shown that you have gone down the communications route with RBS and they are consistently refusing to refund despite your best efforts then I would not see the need to wait the whole 8 weeks.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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