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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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out of pocket again v rbos


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2 claims with rbos.

 

Claim 1 for £4138 plus interest. Usual letters submitted, reply from sandy watt that"currently considering your claim" No response so MCOL submitted. Ack received on 14th day. Found sandy watt email on other thread - so emailed asking for update on both claims. Received response saying both claims were being looked at.

Offer received this morning for 4138 no interest

 

Claim 2 for £1724 plus interst. Usual letters submitted - no ack received. Was going to issue mcol but lack of funds held me back

Offer received yesterday for 1724 no interest

 

I think i will accept - I assume i wait until funds are received before I inform mcol?

 

My problem is state of my account.

 

rbos have defaulted on all accounts as i am currently above any o/d limits and worrking with DM company to pay all creditors monthly.

 

ac 1 is 6k overdrawn on 5k o/d limit

ac 2 is 0.5k od on nil o/d limit

 

i am also in default on loan and cc payment to them

 

I have agreed a repayment with them previously but have been advised that bank accounts "will be held for repayment purposes only"

 

Now if refunds are made into bank a/c, claim 1 will go a long way towards paying off o/d on a/c 1. A/c 2 would have a positive balance of 1.2k which will be very useful, but my concern is: could this be offser against either a/c 1 or cc or loan arrears??

 

can I insist on cq payment so I can use the money to pay who-ever I want to?

 

Any help will be most appreciated

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2 claims with rbos.

 

Claim 1 for £4138 plus interest. Usual letters submitted, reply from sandy watt that"currently considering your claim" No response so MCOL submitted. Ack received on 14th day. Found sandy watt email on other thread - so emailed asking for update on both claims. Received response saying both claims were being looked at.

Offer received this morning for 4138 no interest

 

Claim 2 for £1724 plus interst. Usual letters submitted - no ack received. Was going to issue mcol but lack of funds held me back

Offer received yesterday for 1724 no interest

 

I think i will accept - I assume i wait until funds are received before I inform mcol?

 

My problem is state of my account.

 

rbos have defaulted on all accounts as i am currently above any o/d limits and worrking with DM company to pay all creditors monthly.

 

ac 1 is 6k overdrawn on 5k o/d limit

ac 2 is 0.5k od on nil o/d limit

 

i am also in default on loan and cc payment to them

I have agreed a repayment with them previously but have been advised that bank accounts "will be held for repayment purposes only"

Now if refunds are made into bank a/c, claim 1 will go a long way towards paying off o/d on a/c 1. A/c 2 would have a positive balance of 1.2k which will be very useful, but my concern is: could this be offser against either a/c 1 or cc or loan arrears??

can I insist on cq payment so I can use the money to pay who-ever I want to?

Any help will be most appreciated

HELP - i want to respond this weekend - can anyone offer me relevant advice please????

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Part of your negotiations with the bank should include the withdrawal of any default entries on your credit reference.

 

You can try for a cheque payment but you can't insist on it, the bank is quite within its rights to offset any reclaimed charges against the debts that are owed by you.

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Part of your negotiations with the bank should include the withdrawal of any default entries on your credit reference.

 

You can try for a cheque payment but you can't insist on it, the bank is quite within its rights to offset any reclaimed charges against the debts that are owed by you.

thanks for the info Kurt. can they offset any of these monies against otherrbs accounts in my name, or just the a/cs the chargre repayment relates to???

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I have gone legal on one of my claims. RBS acknowledged and have until weekend to submit a defence.

From reading other posts it looks like it takes them approx 2 weeks to pay after they have received my letter agreeing to their offer - this will take me to 22/6/07.

What happens this weekend if they have not submitted a defence. should I apply for judjement in default? or just wait another week??

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If you accept their offer, you will have to wait for the cheque, and as Kurt Hampster says they can offset any money agianst other debts ...but if they fail to submit a defence by the time they should, apply for judgement by default, If you get this they cannot use any of the money to offset any debt. It has got to be paid to you then they have to take you to court for any money you may still owe.

 

sparkie

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Thanks sparkie, I may do that. any idea how long it is likely to take from requesting judjement in default, to actual receipt of funds??? also i have an offer from them on another account which I have not gone legal with. If I apply for judjement, and enforce, can they withdraw this offer???

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I imagine they could withdraw the offer on the other account, but then you could claim that ,that action was a retaliatory action not a standard withdrawal, a judge would look unfavourably on this I think, if you had to start another action, just my view , I'm not a legal person, it is only my opinion.

 

sparkie

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defence (6 pages) and request for further information (3 pages)received today from cobbetts.

Info required by 29/6/2007

Is this likely to alter the offer they have made, which I have accepted?/

 

can any one offer any help on this????????

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It's just a case of the left hand not knowing what the right is doing. No it won't affect your settlement offer.

 

Do not stop your claim until the funds are in your account though.

 

The Defence has come from cobblers direct. should I wait until I receive anything from the courts before I respond??

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Cobblers are just acting for the RBS, so if the offer comes direct from RBS then that takes precedence.

 

As regards waiting for the court, again it's not necessary. Once those funds are in your account the whole thing is over, so whatever the court or Cobblers say is immaterial.

 

Once you've received the funds just write a letter to the court explaining that the bank has settled and you are closing the claim. Once they receive that and action it, then all other communications will stop. If they don't and you get more letters from Cobbetts just relax in the knowledge that they mean nothing to you but will be billable to the RBS :D

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Cobblers can't make deadlines, only you or the court can do that.

 

Additionally your claim doesn't come under the auspices of CPR18 so Cobbetts can't ask for anything under the "rules of disclosure".

 

If you are concerned though a brief letter along the lines of "your client has settled with me, now leave me alone" to Cobblers should suffice, though make it clear to them that you will not stop the claim until funds have appeared in your account. Just to be on the safe side send a copy to the court too.

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