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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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gargoil v RBS ***SETTLED IN FULL***


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Hi Gargoil,

 

Hope your claim is going well, just a quick question or two, did you claim for any charges on you overdraft, my overdraft was going over the limit due to unpaid direct debits, so they charged £30 for that and a further £20 at the end of the month, can i claim for both. any help would be appreciated, as would any helpful tips, as i am only at the Sars stage, so waiting on statements, but reckon I'll be claiming a few grand.

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Yup you can claim both of those charges. My claim was mainly made up of excess overdraft charges/maintenance (whatever that is!?!) and returned DD charges. They are all reclaimable!! Good luck, BOS were quite quick to send out the SAR info; 3-4 weeks!! :)

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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How long after handing in court papers doesthe court normally notify you of the return/hearing date?

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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How long after handing in court papers doesthe court normally notify you of the return/hearing date?

 

Hi Gargoil,

 

By court papers, do you mean the AQ ??

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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No, sorry I mean the original court summons, handed them in last Friday and not heard anything yet! Champing at the bit!! :)

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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Not sure if it is different in Scotland. I understand we get a return date (date before which the bank has to acknowledge/defend etc!) then a hearing date!!

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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I did my MCOL on 21st June against Yorkshire Bank and haven't got a court date yet, but that may not be typical.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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A week now and no word from the court. Phoned them up yesterday and they said a letter would have been posted to me by now. Hurry up. hurry up!! Can you tell I'm not patient!!!?Lol!! Gonna have another 2 court summons to hand in shortly for Cap One and Smile but was wanting to know what was happening with this first!!

 

Have you been told why it is taking so long Caro?

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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Received notice from court today forboth RBOS and BOS, both happening on the same day,RBOS allocation number SA953/06.

 

Return Date: 6/10/2006

 

Hearing Date: 13/10/2006

 

Hope its not too long now!!!! :)

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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Have you been told why it is taking so long Caro?

 

Well gargoil your question prompted me to find out. I rang the court and they are at least 3 weeks behind due to problems at the courts, and are still dealing with July cases. I was told it would be at least another 3 weeks before I hear anything. I am getting used to delays now and just keep thinking of all the extra interest. :p

 

Let's hope your case is quicker.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I'll have summons for Cap One and Smile shortly, theres 5 courts within 30 mins drive from me so was gonna phone them all to see who had the quickest ETA for return/hearing date and then just go to th eone with the soonest!! :)

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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  • 2 weeks later...

No update son court case but RBS have charged me £28 on 4th September! Prelim letter being emailed straight to Tommy McClean!!!

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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Hi,

 

Been reading your posts with interest as I'm about to take on the RBoS in Scotland and most other posts seem to be based in England. Believe it or not it was actually a member of staff at the bank who advised me to take them on (off the record of course) but at the time I didn't realise I could go back 6 years. As it stands I have only sent the very first letter which is for £1300 of charges over just 4 months (it was a bad few months) but would be at least double that if I go further back. Since the small claims court is limited in Scotland anyway thought I'll stick with my initial claim then worry about the rest later - it's scary enough as it is! :(

 

Anyway, I'll keep my fingers crossed for you and can't wait to hear how you get on. We seem to have picked on of the worst to take on!

 

Suzanne

RBoS - claiming charges of £3868

17/1/07 - Offer for full amount!! WON!!

3/1/07 - LBA Deadline - reminder e-mail sent

16/12/06 - LBA Sent

27/11/06 - Prelim Letter Sent - no reply at all

17/11/06 - Statements received

12/10/06 - S.A.R - (Subject Access Request) Sent

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No update son court case but RBS have charged me £28 on 4th September! Prelim letter being emailed straight to Tommy McClean!!!

 

Gargoil,

 

I've been charged again since putting my claim in, do you think this letter will get you any success ???

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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I'VE JUST WON!!!!! :D :D :D MY FIRST WIN, I'M ALL EMOTIONAL!!

 

So much for the big fight and delays from RBOS. This is the first contact I've had with them since handing in court papers. Donation on way when funds clear!!!!!!!!!

 

:D :D :D

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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Congrats Gargoil. Presumably they have sent you a letter to sign mentioning confidentiality. Just cross out any conditions they want to impose, sign acceptance and return it to them.

 

YIPPEE

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The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Nope no letter to sign, just says to confirm my acceptance in writing and they'll pay up and notify court. Am still using this account and have no debt to RBOS so I am wondering if they'll close this account. Have parrachute ready just in case!! :D

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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PS Thanks for your support/guidance on all my threads caro!! :D

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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~~~~~CONGRATULATIONS~~~~~~

 

Enjoy your win, hopefully they will do the same with me in the very near future!

 

Well done

9/8 - Discovered Consumer Action Group Site:D

 

RBOS - Personal Account

10/8 - S.A.R - (Subject Access Request) to RBOS

17/5 - Defence lodged by RBS

24/5 - Court date

21/5 - Offer received:rolleyes:

22/5 - Offer rejected

25/5 - New offer received and accepted!!!!!!

 

MBNA Credit Card

10/8 - S.A.R - (Subject Access Request) to MBNA

Feb 07 Received payment in full...Yeh!!!!:-D

 

RBOS Business Account

25/5 - May 07 - Statements received

23/7 - Offered received

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Congratulations! Just read all you thread, that was well funny what you told the wunch of bankers at your branch, 'it's more important to you then it is to me that it doesn't get lost'. Makes them move their a***s double time.

 

Have you tried the where you casually drop into conversation with them "lovely day isn't it?...so how does it feel to be working for a sleazy corporation with illegal practices where possibly a third of employees wages are made of charges that the OFT advises are illicit. Have you never been inspired to choose a more charitable career path because there are lots available? I don’t know how I could ever live with myself for being the poodles of thieves. My kids would make me more proud by telling me that they were second hand car dealers then working in a bank you know.

 

My greetings to Howard.

 

Good luck with Smile etc, encourage more people to post on my thread other than yourself as well ;)

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...illegal practices ...

 

One piece of advice, never ever use this term in any of your correspondense!!

Correct term is unlawful practices instead! ;)

 

Keep an eye on my BOS thread Ray as I'm hoping they will pay out within the next few weeks as well before the return date on 6th October!

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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