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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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ME v RBS, with a vengence!


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I've not read the whole thread but there are two kinds of application - one where you are asking the Court to make an Order without a hearing (ex parte) and that costs £35. The other type is where you want a hearing and then let a Judge made an Order after it, that costs £65. You can submit applications ex parte with £35 but a Judge looking at your application can decide that it should be looked at by way of hearing - the Court will then contact you and ask you for the balance of the fee, being £30 and then list your application for a hearing.

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cheers, i think i stupidly applied for a hearing, as read the question as 'how do you want your claim to be dealt with?', and as i had a hearing already sceduled for my court date i ticked the hearing option... ill ring the court 2moro and ask if there's any chance they'll change it to being dealt with without a hearing, especially as cobbetts sent me a letter saying they "look forward to recieving" my ammended claim, implying they're not goin to object.

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Ha Ha I wonder why they would say that ?????

 

 

could it be THAT swear word all the banks are terrified of hearing ?

 

DISCLOSURE :o

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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David, it may well be that if there is already a Court hearing scheduled that your Application will be heard by the Judge at the start of that hearing and then, depending on the outcome of your Application, proceed with what the hearing was scheduled for anyway - but no harm in asking the Court to consider making the Order without the need for a hearing - you may need to put that request in writing to the Court for the attention of the District Judge.

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DH & DNA,

 

I sent my N244 application in and then quizzed the lady in the Court on the procedure. She said that the application had been processed and the Judge would review the N244 at the start of the hearing. As they have only allocated the hearing 15 (whole) minutes, it seems like they don't expect the decision to take long!! We'll find out on 6 Nov, if it get's that far. I haven't even heard from Cobblers yet about the N244, and I wrote to them special like. I feel unwanted now...........NOT!

 

BC:smile:

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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DH,

 

are you still there????

 

Any news???

 

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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hey pal, yep still here....

 

been pretty busy, so havent been on the CAG website for a bit... cobbetts have confirmed that they will not apose me amending my claim (very nicely of them....good ol Lynsey), so sent that email off to the court, so should go through with out the hearing...and extra 30 quid.

 

what about u? any more news?

 

keeping fingers crossed for a hassle free time for the both of us...and evry1 else of course

 

D

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DH,

 

glad you're still with us. Good news about the claim, wonder when you'll get an offer? I've heard nothing for a couple of weeks now, sounds like Cobblers are busy though, shame eh?! Go to Court on 6 Nov so can't be long off now.

 

Mange Tout!

 

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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  • 2 weeks later...

YEAH !!

DH is a winner!! Yet ANOTHER case against the RBS has closed in favour of US!!!

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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CONGRATULATIONS DAVID!!!!!!!

fantastic news hun!!

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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DH

Did you have to attend court?

RBS

13/10 - Prelim sent, 19/10 - Sod Off letter recvd, 27/10 - partial offer received, 27/10 - rejection letter sent, 3/11 - SETTLED IN FULL

Cheltenham & Gloucester (ERC's)

21/11 - Prelim sent, 26/11 - sod off letter recved, 2/12 - LBA sent, 10/12 SETTLED IN FULL!!

 

 

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I am very confused about what interest rate to charge and what to charge it on. I have been reading threads and am even more confused!!

I sent the statement of charges including 'every' interest charge I had received and applied no cumulative interest.

I now realise I can only claim overdraft interest of charge that took me overdrawn.

I have worked out how much of the charges have taken me overdrawn and have tried the spreadsheet but maybe I am just really daft!

What did you do and what percentage did you charge?

Any help would be appreciated

Alison

RBS

13/10 - Prelim sent, 19/10 - Sod Off letter recvd, 27/10 - partial offer received, 27/10 - rejection letter sent, 3/11 - SETTLED IN FULL

Cheltenham & Gloucester (ERC's)

21/11 - Prelim sent, 26/11 - sod off letter recved, 2/12 - LBA sent, 10/12 SETTLED IN FULL!!

 

 

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Alison,

 

I used the very basic spreadsheet and just applied the 8% interest, I couldn't be banjaxed with working out all the hard sums. Too much effort for this poor bear. At the end of the day, you have to work out what you want to end up with, for me the 8% was enough to help clear my overdraft and no mistake. Bang the figures in and see what the answer is, if you like it, go for that. If that's not enough then you have to read through Vampiress' google spreadsheet (needs a good while and a very clear head mind).

 

Sup to you!!

 

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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Cheers!

Did you add the 8% on at LBA stage or at court stage, or can you add it on twice?

Alison

RBS

13/10 - Prelim sent, 19/10 - Sod Off letter recvd, 27/10 - partial offer received, 27/10 - rejection letter sent, 3/11 - SETTLED IN FULL

Cheltenham & Gloucester (ERC's)

21/11 - Prelim sent, 26/11 - sod off letter recved, 2/12 - LBA sent, 10/12 SETTLED IN FULL!!

 

 

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Alison,

 

you add the 8% at LBA stage (it's mentioned in the letter template). Don't forget to send a copy of the schedule with your letters.

 

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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right Col, now I'm confused!

 

The LBA covers overdraft interest, but not the 8% interest to charges.

 

My understanding was always that you only put in the 8% when filing for court.

Am I wrong ?(if so, I better get a new LBA drafted).

 

Bon oeuf yourself, big man!

 

j

1/9/06 RBS claim #1

8/11/06 - claim settled

17/11 claim #2 started - incl creditcard

30/11 - CC statements received

31/11 - Prelims issued - RBS paying up, only M/C to go)

 

If any of my advice/ info has been helpful, please click the scales:D

 

Please also remember that any advice is given from my own experience and in good faith as a lay person. If in doubt, please contact a qualified professional:)

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Oo-er, now you've got me. I pointed out this interest from the outset. Maybe I got it wrong, "in my day" we didn't look that hard at the contractual interest.;)

 

Doh! :confused: I've got myself confused now......

 

Sorry, going back under my stone now....

 

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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Not to worry....hopefully they'll make me wait that bit longer so I can go for the extra cash.

 

You know something???? I would'nt actually mind the opportunity to take them on in court. I would love to see their justification of costs as commercial analysis is my forte. Now that WOULD be fun!

 

 

Anyhooooo - you're still a legend, big man! (and you got your cash!)

 

 

J

1/9/06 RBS claim #1

8/11/06 - claim settled

17/11 claim #2 started - incl creditcard

30/11 - CC statements received

31/11 - Prelims issued - RBS paying up, only M/C to go)

 

If any of my advice/ info has been helpful, please click the scales:D

 

Please also remember that any advice is given from my own experience and in good faith as a lay person. If in doubt, please contact a qualified professional:)

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Just wanted you all to know that i WON my first claim from MARBLES for £174. They never responded to any of my letters, so i went straight to sheriffs court and their solicitors sent me a letter today, saying they will pay my claim in full. Also the usual stuff, they accept no liability, they were not in the wrong, they would win in court etc etc BUT they will be paying. I am writing to back to say i accept, but want the 8% on top from the day the claim went to court until today. I think thats fair. I hope thats how your supposed to do it as its my first win and i'm not sure what happens about the 8%.

:grin: WON

GOLDFISH £291.90

MARBLES £174.47

RBOS VISA £232.19

AMEX (BLUE) £148.40

BARCLAYCARD £251.31

AMEX (BA) £151.50

RBOS M/C £222.00

RBOS (MY ACC) £430.00

BARCLAYS £505.00

MBNA £250.00

RBOS (JOINT) £2975.00

:grin:

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Well done Unicorn!!!!!!!!!! Another positive outcome!

Let me know how you get on with RBOS!

Alison

RBS

13/10 - Prelim sent, 19/10 - Sod Off letter recvd, 27/10 - partial offer received, 27/10 - rejection letter sent, 3/11 - SETTLED IN FULL

Cheltenham & Gloucester (ERC's)

21/11 - Prelim sent, 26/11 - sod off letter recved, 2/12 - LBA sent, 10/12 SETTLED IN FULL!!

 

 

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