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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.
      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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Simeon V BOS * * WON * *


Simeon
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Hello everyone. This is my first post so I'm saying sorry now for asking questions that may have been answered a million times already!!!

 

I've sent away for my old bank statements, added up all the charges and sent off the letter asking for my money back. Got the standard response back from them.

 

I was then going to send off my Letter Before Action when I read on another post saying that you weren't allowed to claim back authorised overdraft charges on an agreed overdraft you had with the bank. How am I supposed to differentiate between the agreed charges and the charges that I've incurred as a result of going OVER the agreed overdraft (gawd I'm confused!!!). All the statements just list charges for £28 and £30, nothing more in depth explaining what they were ACTUALLY for.

 

I've now got two totals when I add up my charges - one for ALL charges as stated on the statements and one for just the £30 charges (because I'm thinking the £28 charges were for going over the agreed overdraft).

 

Can anyone help me on this and clarify what I'm actually allowed to claim for?

 

Thanks. Speak soon

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  • 3 weeks later...

Thanks Tinkerbell.

I've got an offer in from the bank offering me about 1/6 of what I'm claiming. I won't be accepting of course!!!!!! I've sent a PM to one of the moderators asking for a template of how to fill in the claim form on-line before I hand it into the court. Do I have to write to the bank saying that I'm going to accept their offer but go on to claim the rest, or just ignore it and go to court for the whole amount?

Thanks.

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The form arrived in the post today from the court. The return date is 26/10/06 and the hearing date is 06/11/06. If I receive any paperwork in from a solicitor (as I've seen in other posts), I'll get back you y'all for some advice!!! Thanks.

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  • 2 months later...

Hello everyone.

 

As you'll see from my posts, the hearing date for the case was yesterday 06/11/06. I've heard nothing from the bank since I lodged the claim at the court. What happens now? Have I won?

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Hello everyone.

 

As you'll see from my posts, the hearing date for the case was yesterday 06/11/06. I've heard nothing from the bank since I lodged the claim at the court. What happens now? Have I won?

 

Where you asked to attend court?

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I'm in Scotland yes. I didn't fill out an allocation questionaire either. Have I missed this part of the process? I don't remember seeing that mentioned in other posts, just that some people may or may not receive letters in from solicitors. If the bank didn't respond within the deadline of the court date, you had won your charges.

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Hello Simeon,

 

Forget Allocation Questionairres, that's an English thing. If you got a letter from the court with a hearing date, you should have attended. If you didn't, it is very liely that the case will have been dismissed. I suggest you phone the sheriff clerk imediately and get some guidance on what to do next. You may still be able to minute for decree, or failing that you will be able to have the case recalled.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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Thanks for getting back.

 

No-one seems to mention in their postings that they've actually had to attend at the court on the hearing date. I thought that date was for the bank and not me. So the bank have decided to fight my case and someone actually turned up at the court on 06/11/06 from the bank to dispute the case?

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No, not at all - it looks like neither of you turned up! That's why you need to speak to the clerk of court first thing. Don't mention that you failed to appear unless they do.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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Hi, Phoned the court today. They couldn't understand what had happened. Finally, I got a call back from the small claims section. The court fu**ed it up big time................they've sent ME the summons and NOT the bank!!! The bank won't know ANYTHING about this. I thought the court had sent me a copy of the paperwork with the Return and Hearing dates for my own reference!!! The court were very apologetic right enough, but typical British justice failing the people AGAIN. These admin blunders DO happen, I accept that. I'm sending the summons back to the court as requested by them and they will (hopefully) manage to serve it on the bank this time. Thanks to everyone who has taken the time to respond to me, I didn't know what was happening there for a while. I'll keep you posted. :lol:

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Hi,

 

Received a letter in from Glasgow Sheriff Court today saying that they have now attempted service of my summons on the Defender. The return date is 07/12/06 hearing date is 14/12/06. They also said I should contact their office the day after the return date to check the Defenders response. Now that WAS a quick response after their mess up last week!!!! Here's hoping!!!

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Simeon,

 

The BOS sent me a full settlement on the day of my return date. They then phoned me on the return date to make sure I had received it.

Think they were worried they might have to go to court!

 

Best wishes with your claim.

You will get your cash.

 

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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  • 4 weeks later...

Today is the Return Date for court. I've received settlement in full from the Bank of Scotland!!!! Just popped the cheque into my new Nationwide account that I opened up as a parachute account. So happy!!

 

Thanks for all the advice from everyone. I'm just going to make my donation to the site now.

 

Good luck everyone. It seems that you WILL get your money.....keep going and don't let the delay/scare tactics put you off. There are loads of people on this forum who will help you and point you in the right direction.

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Wow!!

 

Well done!!

 

I'm just waiting on my acknowledgement of service for BOS and am praying they settle quickly too!

 

Congrats...........

Darren :p

 

BOS - WON - £5.6k

------------------------------------------------

Virgin Mastercard - WON - £300

------------------------------------------------

Barclaycard - WON - £200

------------------------------------------------

Lloyds - WON - £1.6k

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