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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 
      • 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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RBS vs Grenadier, Oh my God they have just offered to settle!


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After months of applying to get my bank charges refunded, I finally decided to take them to court. Yersterday I received a really scary letter from their Solicitors, Cobbetts and was having a real panic as to responding to their defence as I was really confused by all their legal jargon.

 

This morning I have received a letter from RBS offering me the full £2205 refund!!!!

 

Why instruct a solicitor to act for them if they were going to offer me a full refund?

 

One question if anyone can help, I also have a business account with RBS, am I able to claim back charges on that account also?:)

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CONGRATULATIONS!!!!

 

Please don't forget to complete the survey, and if you can, please remember this site survives on donations. ;-)

 

As for business account, the good news is YES, you can! The process is the same, with some variations on the law you rely on. See here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/64975-business-claims-basic-guide.html

 

and here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/486-sample-letter-your-bank.html

 

Well done again! :-D

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Grenadier2,

 

I recieved the defence letter from Cobbetts and like you was/am still panicing a bit as it stated I should respond to them by 13th June with my full list of evidence.

 

I haven't done this but instead I am going to send them one of the templete nudge letters to see if this has any effect.

 

Did you at any time send one of these letters.

 

Regards,

Dooumm(panicing and confused)

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Hi

No I didnt send one of these letters, I literally received a letter from Cobbetts on Tuesday and then a letter from RBS on Wednesday offering to settle. It was such a relief! Am sure they will probably do same with yourself. I did originally ask for the interest, however they offered me total charges without the £400 interest so I will quite happily take it and run!

 

Good luck!

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RBS say they will refund monies directly into my account if I agree to settle, I have rang them as I no longer have an account with them and have asked for payment by cheque. They tell me they will not send a cheque and that as I have a loan with them, they will credit my loan balance with the refunded bank charges. Are they allowed to do this?

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  • 2 weeks later...

Going back to early posts on this thread - my thinking is that you are under no obligation to respond to scary letters from defendant solicitors. Surely the only 'instructions' you legally have to respond to are those that come from the Court?

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