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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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Shopaholic v RBS


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Rebecca,

you haven't made that big a mistake, however, in the eye's of the courts you should give them adequate time to answer. No doubt they will come back with a standard letter on or around the 14 day mark, I would be tempted to send the LBA letter again giving them 14 further days before going for the jugular. You can't go back on this now, but you just need to make sure the Bank takes you seriously.

:p

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Rebecca,

 

looks like your case has obviously slipped through the Cobblers net. I thought mine might have what with it being holiday time, but alas no! Keep up the pressure like Blue says, have you got all of the relevant case numbers (Bank, Court & Cobblers), that seems to be one of the things that was missing from Blue's case. You may wish to consider sending a quick letter to Cobblers informing them of your actions, they seem to do the same whenever they do something (info the Court too!). This may speed things up? Make them see you mean business.....which you do!:cool:

 

BC:p

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MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

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Rebecca,

 

sounds like another call to the Court would be worthwhile. It may be that the Court don't 'open' till 0900 and therefore didnt enter the defence received until after you requested judgement, in which case they may have 'over-ruled' your request. May be a glitch in the court system.....no dramas though, the rest of the process is much better mapped out this way!

 

BC:p

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RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

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Not sure, maybe a question for the Court, they are usually very helpful, especially if you explain the circumstances. I had a friend was was caught speeding in the UK whilst serving in Germany and he was 'let off' because the Policeman realised that the costs wouldn't be worth the eventual fine/sentence. I guess a Solicitor can represent you if you wish, you may want to speak/emither Ms Burgoyne and explain your circumstances to her and outline the costs involved in your having toreturn for an hour long hearing from wherever, don't forget the hotel, car hire, food costs as well!! It may help in an early settlement?

 

BC:p

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

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Oo-er Rebecca,

 

not sure about that, cos would it still be below the £5k Small Claims limit? You may be better off keeping them separate, which isn't ideal considering your future life-plans. I'd be tempted to ask a solicitor about this one, seeing as you have submitted an MCOL, you could submit an N244 Application Notice to the Court to include your personal account claim. Sorry if this doesn't help. just thinking out loud before I've finished my 1st coffee of the day....

 

BC:p

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

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If the post/advice helps, pse click on the scales!! :cool:

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Rebecca,

 

it sounds like you might have to fill in an N244 for this now as you are ammending the original claim. Speak to the Court and ask their advice, if that's the case, it will cost you £35 (non-claimable) so bear that in mind, but it might also be worthwhile if you add your personal ac claim to it as well. Mod's help may be required, poss PM BF and ask their advice?

 

BC:confused:

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

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Rebecca,

 

she's not wrong there is she, complicated......I should cocoa!! 'Sup to you then, don't forget that most solicitors do the free consultation thing...

 

BC8-)

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RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

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Rebecca,

 

you are so right. How many times do you see posts where people have just become too fixated on a little matter that is inconsequential in the great scheme of things. Reading other threads in between letters or actions has got to be the way forward. I have posted so many times almost exactly what you did ^, read posts, cut & paste into a word document, read some more, prepare, check, ask, print, check, post, and relax....Tea or wine is a very good option at these points. The RBS seems to be going through a fairly rigid procedure, and Cobblers even more so. Most of the 'big' threads on the RBS forum have the advice that you need, if it's any different or complicated, you should ask (the only stupid question is the one that doesn't get asked!!).

 

At the end of the day, you are in charge, it is your claim and your timescale (until the Courts get involved and even then the timescales are fairly lengthy), there is no need to rush and get into a panic.

 

Best of luck to you and everyone out there, it's your money and they WILL be giving it back!!

 

BC:cool:

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

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  • 2 weeks later...

Rebbecca,

 

I got a very similar letter, regarding Cobblers' client - Nat West Bank Plc. So I sent a copy to the court and advised Ms B at Cobblers that her client should be RBS. From other threads, I understand that Cobblers are dealing with the Nat Wets claims too!

 

Idioten!

 

BC:p

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

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  • 2 weeks later...

Rebecca,

 

try this for Ms Burgoyne:

 

'[email protected]'

 

I have emithered her a couple of times and never had a reply, but Martin has.

 

BC

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

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