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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.  

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      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.

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      Many thanks 
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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.
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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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RBS Credit Cards given final response with regards to charges - Need a little help


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I have 3 credit cards that are issued by the Royal Bank of Scotland. RBS Card, Tesco Card and Natwest Card. I have CCA's all of these all of which have been ignored. I have also put in a claim for their charges mostly £25.00. They saying that the £12.00 charges (these have only just been reduced) are in line with OFT guidelines and they are not going to refund them. I have read some cases where they have paid out thousands on receiving one letter, with me we are talking about £300 per card. Hardly mega bucks...to them anyway. They are being really stubborn

 

I had the understanding that OFT said they wont prosecute a creditor if the charges are £12.00 or less unless there are exceptional circumstances, but they have also said that a £12.00 charge is still unfair and the creditor has to prove otherwise.

 

RBS have said in a really blunt letter, i kept writing saying they were wrong in what they said about OFT saying the charges are fair:-

 

'I note your comments, however i would like to reiterate that my letter dated **** is the banks final response and therefore we are unable to enter into any further correspondance regarding this matter'

 

I was hoping i was not going to have to go to court to get these charges back but that response says it all, this is the same for the RBS Card and the Tesco one, they have not responded to the Natwest one yet.

 

This will be the first court claim, where do i start?

 

I have not SAR them because i have all my statements from the beginning of time.

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I have 3 credit cards that are issued by the Royal Bank of Scotland. RBS Card, Tesco Card and NatWest Card. I have CCA's all of these all of which have been ignored. I have also put in a claim for their charges mostly £25.00. They saying that the £12.00 charges (these have only just been reduced) are in line with OFT guidelines and they are not going to refund them. I have read some cases where they have paid out thousands on receiving one letter, with me we are talking about £300 per card. Hardly mega bucks...to them anyway. They are being really stubborn

 

I had the understanding that OFT said they wont prosecute a creditor if the charges are £12.00 or less unless there are exceptional circumstances, but they have also said that a £12.00 charge is still unfair and the creditor has to prove otherwise.

 

RBS have said in a really blunt letter, i kept writing saying they were wrong in what they said about OFT saying the charges are fair:-

 

'I note your comments, however i would like to reiterate that my letter dated **** is the banks final response and therefore we are unable to enter into any further correspondance regarding this matter'

 

I was hoping i was not going to have to go to court to get these charges back but that response says it all, this is the same for the RBS Card and the Tesco one, they have not responded to the Natwest one yet.

 

This will be the first court claim, where do i start?

 

I have not S.A.R - (Subject Access Request) them because i have all my statements from the beginning of time.

 

Hi, if you have sent the Prelim and the LBA then you need to file your claim at court. I have reclaimed my charges from RBC credit card. Read through the FAQs and the step by step instructions (linked in my signature) these will guide you through the process, all the templates are in the Library.

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I have got everything downloaded, thing is i know what i should be doing. Im stalling....was hoping there was one more thing i could try before court. The idea of court frightens the hell out of me. I stood as a witness in a crown court trial once, i know its not the same but mention court and my legs just go to jelly!

 

Slap myself and get a grip!!!!!

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