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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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just starting out **WON**


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hi fellow fighters, just had a thought reply letter said they were passing it onto another dept. the letter i sent originally was to kendal court. this is also where i sent lba is there a different address so they are not wasting time by sending it to different dept again.

rbos prem letter sent 25th aug 06

give me 10 more days letter received 2nd sept 06

lba sent 7th sept 06

settled in full 7/10/2006

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just an update. received letter this morning off Tommy Mclean.

appolagies for your dissatisfaction caused by the charges applied to your account. we beleive that our charges are fair and consider the amounts debited to your account have been applied strictly in accordance with your agreement with us and published tarrif.blah...blah...blah.

we have considered and responded to the office of fair trading's statement of 5th April 2006. We do not accept the office of fair trading's findings in relation to credit card fees. We are concerned that the office of fair trading has publicy called into question the setting of charges applied to other products, including current accounts. The office of fair trading has restricted its investigation to credit cards and made no attempt to consult with rbs or the industry in relation to other, entirely different products.

Consequently, against the background, we must differ with the views expressed in you letter and will not be refunding any of the charges applied to your bank account.

thanks for taking the time and trouble to write.

Tommy Mclean.

 

 

so basically get lost i presume this is the standard fob off letter and lets see what the response is to the lba. as said before bring it on

rbos prem letter sent 25th aug 06

give me 10 more days letter received 2nd sept 06

lba sent 7th sept 06

settled in full 7/10/2006

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too right. when i file for money claim is that when i break up my claim so that its under 5k and also do i now add on 8% as 8% interest alone is over 4k.

rbos prem letter sent 25th aug 06

give me 10 more days letter received 2nd sept 06

lba sent 7th sept 06

settled in full 7/10/2006

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yes break it before you file....but check the interest it sounds quite high. my claim was for £4900 and the interest on that was "only" £1200. if you had a LOT of charges early on it may explain it, but it £4k seems a bit much

 

Also if the total is over £5k the court fees jump to £250

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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yes dave i thought it was high as well but the 8% was done with vampiress spreadsheet and yes there are quite a lot of charges in 2001 but i will double cheque that keep you posted.

rbos prem letter sent 25th aug 06

give me 10 more days letter received 2nd sept 06

lba sent 7th sept 06

settled in full 7/10/2006

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silly me looks like i cant do basic sums 8%int comes to 1,534.51 dont know where i got the 4k from. never mind thats just between us lol. does anybody have a valid email address for tommy mclean as reading other threads things seem to move quicker by email.

rbos prem letter sent 25th aug 06

give me 10 more days letter received 2nd sept 06

lba sent 7th sept 06

settled in full 7/10/2006

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  • 2 weeks later...

well no response from tommy mclean yet and he's had his 14 days. very nervous now as i thought i might have had at least a good will gesture. what do i do now. should i email mr mclean to see if they intend to reply, do i go to the court for is it a n1 form please help..........................

rbos prem letter sent 25th aug 06

give me 10 more days letter received 2nd sept 06

lba sent 7th sept 06

settled in full 7/10/2006

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I would just go straight for the court action susanne. Not 100% sure on the forms though as i'm not that far along myself..........best to check.

 

Good luck.

14/09/2006 - Data Protection Act letter sent to my bank.............here goes :D

28/09/2006 - Statements received through the post. Charges appear to be in the region of £2000 :eek:

04/10/2006 - Prelim letter sent for charges of £2037 :rolleyes:

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thanks for that daringdon atleast this time i got your name right last time i wrote darlingdon. well i suppose were all friends on here lol..

rbos prem letter sent 25th aug 06

give me 10 more days letter received 2nd sept 06

lba sent 7th sept 06

settled in full 7/10/2006

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anyone as when i've read through other threads emails seem to get a quicker response. help would really be appreciated

rbos prem letter sent 25th aug 06

give me 10 more days letter received 2nd sept 06

lba sent 7th sept 06

settled in full 7/10/2006

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lol..............your welcome susanne. In saying that.............my name is Gav :D

14/09/2006 - Data Protection Act letter sent to my bank.............here goes :D

28/09/2006 - Statements received through the post. Charges appear to be in the region of £2000 :eek:

04/10/2006 - Prelim letter sent for charges of £2037 :rolleyes:

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emailed tommy mclean lst wednesday and just had a reply from him to say they have not received my lba. replied with the followingDear Mrs Roe,

 

Thank you for your e-mail.

 

From our records, I cannot see that we have received your LBA. If it was

sent to the Court, they would probably pass it to our litigation team, with

whom I have no involvement.

 

Tommy McLean

Manager, Customer Relations

Ground Floor

The Forthstone

56 South Gyle Crescent

Edinburgh (Depot Code 045)

rbos prem letter sent 25th aug 06

give me 10 more days letter received 2nd sept 06

lba sent 7th sept 06

settled in full 7/10/2006

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this is my reply hope it sound okay let me know

Dear Mr McLean.

as stated in my letter and email the lba was sent to kendal court which is one of your credit control centres not to the actual court but as a gesture of good will I will hold out on filling at court until this friday which is the 6th october 2006 at which time I will have no alternative to act as I feel you have had enough time for a company as big as yours to sort out internal mail issues. I will also email you another copy of my lba.

If I do not receive a possitive reply from yourselves by Friday then I will be claiming court costs plus 8%interest plus the original amount of bank charges. Which when broken down is £6305.77 +£1514.60 (8%int) plus court costs.

Yours

Susanne E Roe

rbos prem letter sent 25th aug 06

give me 10 more days letter received 2nd sept 06

lba sent 7th sept 06

settled in full 7/10/2006

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well took the bull by the horns today and decided to ring mr mclean in person.just to make sure eh got my email as i havent even had a small gesture of good will yet. came off the phone feeling very sorry for the guy as he is really nice and surprisingly very sympathetic to us and also hinted that he wished the banks would change the charges they put on.he did assure me that he'd received my email which an extention was given by me until friday and said he have a reply by then. here's hopeing

rbos prem letter sent 25th aug 06

give me 10 more days letter received 2nd sept 06

lba sent 7th sept 06

settled in full 7/10/2006

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well postmans been checked my emails and guess what............................ nowt, not even have 1p and get lost. do i email tommy and tell him i'm filling for court on monday just incase he hasn't sent the email yet (emails have been coming at around 5 oclock) or do i just go to the courts on monday any advise much appreciated.

rbos prem letter sent 25th aug 06

give me 10 more days letter received 2nd sept 06

lba sent 7th sept 06

settled in full 7/10/2006

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settled not in full but overdreaft written off as well. so i'm only a couple of quid out. saying that i didn't have the money to go to court yet completely happy with offer and a donation will be on its way when cheque clears thanks to all who have helped me and good luck to everyone who s claim is still outstanding........................................susanne

rbos prem letter sent 25th aug 06

give me 10 more days letter received 2nd sept 06

lba sent 7th sept 06

settled in full 7/10/2006

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