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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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Jazzy Vs RBoS


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Hi, it's very refreshing to see that I am not the only one aggrieved by the excessive charges applied by my bank.

Today, I take my first steps into reclaiming the charges applied to my accounts in the last five years.

I have my statements (which arrived no more than a week after requesting them) and have totalled my charges.

I am about to post my first letter requesting a refund of charges (without interest).

Wish me luck!!:shock:

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good luck jazzy........... just take a quick look at the sheer number of people reclaiming stuff on the CAG opening page and you can see you're definately nowhere near alone!!!! :)

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Thanks for the moral support. I saw on BBC news 24 this morning that a judge in Hull is throwing all of these cases out. Other judges however are calling for a decision to be made once and for all to prevent this inundation. I'm not deterred by this as I believe in the cause. :)

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i'm just being realistic - but if you seriously do want to get your money back (and you're not just fighting the moral cause) then don't hang about - get your letters in and stick to your deadlines and then submit your N1, although ironically with all these claims being thrown out down in England, you'll probably if anything be safer up in Scotland!!!!!!

 

Get things started fast though........... and you should see some money...... because I reckon from everything thats going on now it's only a matter of time before this stops....

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Thanks for the comments, I am serious about getting MY money back btw. I am a student and feel that the banks exacerbate debt problems by charging unreasonable "admin" fees.

It's been no more than a week and I have received a reply from the bank. They say that they are "considering my claim and anticipate they will respond in 6-7 weeks but will endeavour to do so sooner if we are able". From a chap called Sandy Watt.

I strongly suspect this is a time wasting ploy and intend to write to them explaining that I am not prepared to wait that long. I gave them a two week deadline to give a SATISFACTORY reply. I dont think I'm being unfair by saying that this is an unsatisfactory response.

Please let me know if anyone has had a similar response to their claim.

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hi jazzy.....

 

I just saw your location is Scotland.... so as you've got a completely different unrelated legal system then you don't have to worry about the small claims judge in Hull. The Sheriffs court on the Royal Mile, Edinburgh is much more important for you!! ;)

 

As for what you said about Sandy watt - you are right to stay vigilant and be suspicious. You'd almost be crazy not to be, as a lot of the banks have played "dirty tricks", but on the whole from what I have seen RBS and the Scottish banks are less prone to play "dirty" - although I'm only going on what I have read....

 

I also had dealings with Sandy Watt - and sure enough, albeit after a small very polite "prod" email a couple of days short of the mandatory FSA 8 week deadlines (from when the first receive your first LBA) they sent me an offer of *all* my charges back - which I have duly accepted. From what I have seen RBS do respond with a reasonable offer at the 8 week deadline, after first receipt of first LBA..... so for time being hang in there.

 

Of course none of this stops you from sticking to your deadlines and filing anyway..... but the small claims process is a little more tricky in Scotland with the £750 maximum claim limit. I guess every country has it's pluses and minuses: while we down here really are worried about the judge in Hull and mass strike outs you have the 750 limit to worry about...

 

good luck....

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Thanks Atlantic,

This website is fantastic for gaining reassurance from likeminded adults.

I am aware of the small claims procedure in Scotland and have read about how to go about making claims for larger amounts. There is another good website Money Saving Expert: Consumer Revenge - Credit Cards, Shopping, Bank Charges, Cheap Flights and more where a chap named Martin Lewis offers very good advice. Perhaps you know of him and the website.

I was reading yesterday that a judge in London is calling for the law to be changed in order to stop all the bank charges cases being presented.

Anyway, thankyou for replying to my posting. I will write to acknowledge their reply and give them an extended deadline. It's only fair right?

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I think the judge in London made his comments because the situation in England and in particular in London has gone really mad with the small claims legal system being swamped with litigants suiing their banks!! I believe it has got so bad that the Small Claims website that we can log on and use in England and Wales is having to have a technology upgrade because the existing technology simply can't cope with demand!

 

In truth I was a little nervous of all this talk of strike outs and imminent test cases - and I really do think it's only a matter of time before all this bank charges stuff is brought to an abrupt halt - hence when RBS offered a reasonable amount I decided to cash in and accept. I also want to spend more time in chasing the credit cards - as they are really atrocious....

 

If you are in Scotland and don't have access to an "address" in England (says me thinking of brothers, sisters, family, friends, children etc...) then it might be better to wait for an offer from the bank at the end of the mandatory 8 week period from first receipt of your first LBA. Going on quite a lot of the stuff I have read about the small claims procedure in Scotland it is frustrated by the 750 maximum limit and from what I saw seems much much much more complicated than it's English and Welsh counterpart where you either log on to Moneyclaim online or simply nip down to your local court house with an N1 and file it along with the fee....

 

The Scottish banks do genuinely seem less prone to "dirty" tricks though (closing accounts, blocking payments, refusing DD's, sending out dodgy threatening letters about the Berwick case etc...) and RBS seems to have a habit of paying up pretty fast now........ so I reckon you should be ok..... ;)

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Once you've sent you 2 LBA's - don't start going extending your deadlines.............. thats not fair on *you* - never mind them!!

 

Stick to your deadlines and expect them to do the same - but realistically expect an offer after 8 weeks.....

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Thankyou once again for your reply. I initially gave them 14 days to reply to my first letter requesting a refund. What I was going to do is acknowledge their letter and give them 28 days to sort it out before taking them through the sheriff courts. Having read your comments, I may wait the six weeks they stated and see what happens.

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