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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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.
      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.
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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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Adam Clarke vs Bank of Scotland


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I have got my brother started now. The request for bank statements or list of charges has been rquested and we are both awaiting the amount he can try and claim!

 

It will be interesting to see just how much he has been charged compared to me. Probably thousands!

 

Keep you updated.

 

Dan

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  • 4 months later...

All letters have been sent and the bank has made an offer of just over a £1000. The amount originally claimed was £3000 so the offer was declined.

 

Today my brother recived a letter stating that the offer will not be upped and has now been withdrawn. If he wishes to complain further he can do so to the financial ombsuman (?). Is the bank just playing hardball or are they finally getting tough and saying enough is enough? Has anyone else had this response so far?

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That's a bog standard reply.

Take them all the road, you will get your cash!

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Cheers Maroondevo, words of encouragement are always welcome.

 

I am writing this post on behalf of my brother and my folks as they are both at the same stage of a claim and do no have access to the internet so its down to me to make sure what they do is correct and the information will help them on their way to getting their money back. So any help i get, helps me have an easy life ;)

 

As i previoulsy mentioned my brother got an offer, and rejected it. The response from the bank was one of "as a gesture of goodwill i offered you... but you declined... I confirm i will not refund the charges for the past 6 years....if you remain unhappy please contact the financial Ombudsman.

 

Well, as you can imagine both my parents and Brother are a little worried they may have lost out on some money but refusing to accept this offer. I say they are now at a point where they should now issue a claim throught the courts and see what the bank comes up with.

 

However, is there a letter that should be sent to the bank in response to the the one that has been most recently received? I am sorry if this has been asked before but i had a look around the posts and cannot see anything which may help. As the claims are all over £750 and are in Scotland i think i am right in saying there will have to be multiple claims made aginst them.

 

Finally, and thanks for reading all this, is there a link i can go to for the claim in Scotland as the one i have found is for the courts in England and Wales.

 

Thanks again and your help is much appreciated.

 

Dan

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Dan,

You can claim up to £1,500.00 in Scotland using Summary Cause i have already had a claim for £720 settled in full by the bank of Scotland including over £200 in interest and my £39 court fee. My first claim was a small claim where if I was to loose the case I would only loose my£39 court fee, I beleive if I was to loose my Summary Cause claim(£1,500) I could loose a few hundered pounds.The clerk of court at the Sheriff Court in Edinburgh said I would have to be very unlucky to loose as not one case had went to court yet, they have all been settled before the court date. The banks do not want to go to court and loose! if the Banks thought they could win a case in court they would have done so a very long time ago! The link you are looking for......go to forums...scroll down to Guidance Notes then Scottish Procedure. You have given the Bank ample time to return the money they have unlawfully taken from you.

Have a look in the Litigation concluded thread, it will cheer you up.

Hope this helps you.

Best wishes..........Keep me posted.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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  • 2 weeks later...

Ok, Deep breath....

 

Finally the day has come to take them to court. Both my parents and brother are at exactly the same stage, and as previously mentioned its down to me because they don't have internet access - I don't mind because they are giving me a "cut" of what they claim back. :D

 

I have got the forms filled out and will print them out today and pop them into Aberdeen Sherriff court today.

 

Wish me luck.

 

Dan

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Daniel,

 

Remember you can only claim bank charges for the last 5 YEARS in Scotland. I saw some reference to 6 years above. It could cause a problem if you represent in court.

Bank of Scotland (In Scotland)

 

S.A.R. sent - 03/11/06

Statements received - 30/11/06

Prelim Letter sent - 04/12/06

LBA Sent - 09/01/07

1st claim filed at Sheriff Court (£720+int) - 01/02/07

1st Claim settled by BoS (£1037) - 17/04/07

2nd Claim filed at Sheriff Court (£735+int) - 11/05/07

2nd Claim settled by BoS (£977) - 13/06/07

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regarding claims against BoS. I`m waiting for my statements to arrive but still getting charges. Can i just use the letters from the bank as proof of these recent charges? On the subject of the financial ombudsman, i sent letters & emails and got no response so i wrote to menzies campbell who is my local MP instead

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Daniel,

 

Remember you can only claim bank charges for the last 5 YEARS in Scotland. I saw some reference to 6 years above. It could cause a problem if you represent in court.

 

I was hoping no one would notice ;)

 

It wont make a huge difference to my claim to be honest as most of the charges were put onto the accounts later than that. The thing is the BOS have not said anything about this previously or said that the amount should be .... so i am going with it. Hopefully when the court notice is given they will give up and give us the whole amount.

 

Wishful thinking eh? :D

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aliboy yes you can but when your statements come in showing these make sure you keep them.

bos~ Data Protection Act sent

~ statements received

~ owed £1766.82

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

bos Data Protection Act sent

~ statements received

~ owed £1217.86

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

court date issued of the 17th november

27th oct full offer totalling everything including 8% interest court costs and £10 dpa sar..... one down next to go.

 

rbs~ Data Protection Act sent off 21/09/2006:mad:

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bos~ Data Protection Act sent

~ statements received

~ owed £1766.82

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

bos Data Protection Act sent

~ statements received

~ owed £1217.86

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

court date issued of the 17th november

27th oct full offer totalling everything including 8% interest court costs and £10 dpa sar..... one down next to go.

 

rbs~ Data Protection Act sent off 21/09/2006:mad:

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  • 1 month later...

Ok, the forms have been submitted and now the bank have written a letter in return. They have offered my mum and dad, and my brother similar amounts of £700, but this is less then what they were claiming for through the courts. They have only given us 7 days to say if we are willing to accept this money or not.

 

So where do i go from here? I have not personnally seen the letters as my folks have them. I am going out there tonight to look at them and i will have more details then but all i wanted was a bit of a "heads up" so i can give them words of encouragement - They are all a litlle worried they wont get the whole ammount back.

 

Is the bank stalling for time and hopeing this settlement will be it?

 

If we did settle, would be allowed to persue them for the rest of the money?

 

I am sorry this message is a bit wooly but like i said i have not seen the letters, just been told what is on them. I will post up the letter contents tomorrow but i will really would like advice on this asap as there is a 7 day deadline. The buggers.

 

Thanks in advance.

 

Dan

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Hi Dan

 

Accept the sum in partial payment of your claim!!!!!! Then tell them that you will be pursuing them for the remainder in Court. I am sure there is a template letter in the library for this. If not, basically you just have to say what I have said above. That way they will know that you are not playing their game and the proceedings will continue albeit for a smaller sum.

 

Hope this helps

Annie

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Ok

 

Here is the letter they got... (They are basically the same)

 

I have recieved and have been dealing with proceedings, which you have brought against the bank of Scotland in Aberdeen....

 

Your claim relates to bank charges.... blah blah blah.....as per t's and c's.

 

however, on a purely commercial basis, it will cost the bank of Scotland money to defend your claim in terms of legal costs that will be incured. It is unlikely that BOS will be able to recover these costs (even if the bank wins) because your claim will probably be allocated to the small claims track, in which costs are generally not awarded.

 

For this reason but without addmission of liability, BOS is willing to reimburse £551.00 in respect of bank charges incurred together with £143.26 in respect of approximate interest - please see attached schedule (there wasn't one attached). The bank will also reimburse the £39 in respect of the court fee. This ammounts to £733.26.

 

The bank does not consider that you are entitled to the further £190 that you are claiming within the time period of 25th July 2001 to 17/02/04 (that is exactly how it was written - different styles of displaying the date - very odd)

 

Please comfirm with 7 days (I thought it had to be 14 days) that you are willing to settle your claim upon these terms. Upon receipt of your agreement, i will arrange for £733.26 to be refunded to your account.

 

we are keen to help....

 

ultimatley it is your responsability.....

 

Yours sincerely,

 

Lindsay Barnes

Redress Assessor

Core Business Team

Customer Relations

 

My mum and dad bascially got the same letter, offering slightly different amounts.

 

Now then, for my questions....

 

1. Is this refund for this 1st small claim we entered against them, or for the full amount?

 

2. What happens now? Do we reply saying we want the full amount back or we will see you in court, or do we settle and then persue the rest? If you look at it from a courts point of view, they have tried to offer a sum of money and the court may see it as greedy if we go after everything - The banks do incure some costs when the deal with excess OD's etc.

 

3. The bank say that purely on a commercial basis, it wouldn't be feasable to defend, yet they "do not consider that you (my bro and folks) are entitled to the remainder of the claim" - Surely they have shot themselves in the foot by stating its not feasable?

 

Thanks for reading, i know its a bit of a long one. Any input would be greatly appreciated. All i need now is a little push with what to do next because i for one don't want to lose my family their money by giving them bad advice.

 

This letter came on the 25th so time is an issue here aswell i'm afraid.

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Hi there

 

As I have said above, write a letter accepting this figure as partial payment of your claim and advise them that you will be continuing with your court case to pursue the remainder.

 

THe fact of the matter is this.

 

1. The Bank of Scotland owe you that money. It is yours - not theirs.

2. You have incurred costs by way of unauthorised overdraft borrowing. BOS should not have taken this money in the first place so therefore you do not settle for any less than you are owed.

3. If BOS have incurred costs in relation to these charges then let them advise us all what they are. They refuse to advise the exact cost of the charges because then they would be admitting that they are overcharging.

 

My advice is to send the letter accpting sum as partial payment. Send it today. In the letter advise them that you will be continuing with your court case to claim the remainder. You will find that they will pay the whole amount.

 

Dont be intimated by them. They are trying to bully your parents etc., Stick to your timescale etc., and continue with the case. If you decide to accept what you are offering you are effectively letting them win. Do not be afraid to take this further BOS will not go to court. You want all the money you are owed - full stop. Nothing more, nothing less.

 

Kind regards

Gemspan

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Hi there

 

Basically just write a letter saying thank you for your letter dated ..... Iam prepared to accept the sum of £....... in partial payment of my claim. I will however be continuing with my court action for payment of the remaining £......

 

Yours faithfully

 

 

 

..................

 

 

Hope this helps

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i claimed for abusiness account with them and got to mcol stage they then paid two thirds of claim into my account £2450 approx and said they would defend the rest as my statements did not verify the charges (they did) but now had to do an aq and pay another £100 to serve it to court. sent my spreadsheet into court.Dont know why they did this?

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