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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
      • 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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Credit Card Charges


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I am about to start a claim for refund of Credit Card charges from RBS. Some of the charges on the account date back until 2002.

I have noticed other CAG members have been successful claiming back charges over the 6 year limit and reference is often made to Section 32 of the Limitations Act.

Bearing in mind I am based in Scotland would I be able to quote the Limitations Act for charges over 6 years or would I make reference to the Prescriptions and Limitations Act when trying to claim back older charges.

 

FMC

Abbey National SAR sent 15/03/2010

RBS SAR sent 15/03/2010

Cahoot SAR sent 22/03/2010

Northern Rock SAR sent 22/03/2010

EGG SAR sent 22/03/2010

Morgan Stanley SAR sent 22/03/2010

MBNA SAR sent 22/03/2010

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No. In Scotland the Limitations period is FIVE years. To have any hope of getting a waiver, you'd need to provide a valid reason for the delay. Something like 'I didn't know' will be laught at unfortunately. However, I have to say that following the recent balls up by the OFT, the bulk of the actions against the banks are now history. The current flavour is in the pursuit of PPI which is often added to credit card accounts. THis is usually missold, and action possible.

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  • 2 weeks later...

That door closed a few years ago, as the CC firms modified their charges with the expectation of sanctions. If the £37 comprised 2 or 3 different elements, then this is within the revised coatings. If the charge pre-dates this and it a one-off high charge, you can certainly ask, but it can be a valid defence that the claim should have been made much earlier, but there's no harm in trying.

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I am about to start a claim for refund of Credit Card charges from RBS. Some of the charges on the account date back until 2002.

I have noticed other CAG members have been successful claiming back charges over the 6 year limit and reference is often made to Section 32 of the Limitations Act.

Bearing in mind I am based in Scotland would I be able to quote the Limitations Act for charges over 6 years or would I make reference to the Prescriptions and Limitations Act when trying to claim back older charges.

 

FMC

 

there are very few successes in getting CC charges back past 5/6 yrs.

 

though many do capitulate after your MCOL

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I agree with Craigers, both my claims included 6 years of charges.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Help keep it up and active, helping people like you.

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Just because they're too thick to spot the difference doesn't make it correct, though. If they were on the ball, they could invalidate the entire claim and the litigant would have to bear the full cost of starting again.

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