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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 E-mail


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Hi there,

 

I've posted this in the general section but have been advised to post here too - hope there's no problem with this - please feel free to remove it if it's cluttering up the forum ;)

 

In brief - I've filed a Summary Cause action and refused on offer for payment of charges and court fee (no interest). The offer had condition attached - 'full and final', etc as well as the problem with interest. I've received this e-mail from RBS:

 

We refer to the above action and to our clients' offer of settlement.

Our clients' offer of settlement refunds, as a goodwill gesture, every charge applied to your account, includes a sum in respect of judicial interest and refunds your expenses in bringing the action. I note that you have refused this offer on the basis that judicial interest has not been included from the date of the first fee charged.

The position via court precedent is that judicial interest, generally, can only be applied in relation to a contractual debt from the date of citation i.e. the date a judicial demand is made. According to Scottish case law 'there is a rule of law, a rule of law that interest runs from citation, and one which does not admit of modification by the exercise of judicial discretion'. I would be happy to provide you with details.

Should the matter proceed to a Proof and it is found that you are not entitled to interest other than from the date of citation, we will seek our clients' expenses from the date you refused the tender.

Unless you can provide legal basis for your claim for judicial interest our clients are unwilling to revise the offer of settlement. Should you be able to provide case authority, our clients would be willing to re-consider this aspect of your claim.

In view of the contents of this e-mail we would advise you to seek independent legal advice in relation to your position.

I look forward to hearing from you in relation to the legal basis for your claim.

Kind regards

Any ideas of how to get round this? For those legal eagles amongst you - I found this http://www.scotlawcom.gov.uk/downloads/rep203.pdf. Could it have any relevance for my case in getting interest from date of first fee charged?

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