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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
      • 162 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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Offered half


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I sent my first letter on the 23/03/06 to Natwest claiming back £1,100.00. Received a letter on the 31/03/06 with an offer of £585.00. This offer was under the conditions that; it was in full settlement of my total claim, all further charges would stand and (best of all), I agree not disclose any related information or the terms of this agreement to any third party".

 

I'm not willing to accept HALF of the money they owe me so if anyone can point me in the right direction it would be much appreciated.

 

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You can choose whether to accept or not, but whichever you opt for, make them aware that you will continue to press for the rest. This is your money.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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Is there another letter on this site that i should now send to the bank or should i ring them and tell them that my original claim still stands and i will not hesitate to take them to court over these charges?

 

Sorry about the questions i just want to be sure rather than make myself sound like an idiot to the bank.

 

Thanks

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There is not a definitive letter (at present) but you should certainly get a few tips from this thread:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=2979&highlight=settlement

 

Use the search facility to find similar advice (best search would be 'half' and 'offer')

 

It is your money, if they are prepared to offer half, the consensus is that they should offer the rest. If not, then you will press for it in court.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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This is debatable, as they have already responded, and made an offer. However, the consensus seems to be that you gave them until the 6th to refund your money, and therefore they can still make a better offer. If they haven't met your request in full by that date then send another letter outlining why the offer was unacceptable, and what you intend to do.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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No , you do not - you are providing the time scale.

 

It's up to them to follow it. For once, with the banks - YOU are in control - not them.

 

I would write a letter accepting their offer (with no confidentiality - if they want that, then they have to pay for it - it's a seperate commercial agreement. £50k should do it. If they want to keep their dirty little secret a secret, then they have to pay.)

Let them know that it would not be a full and final settlement, and that you will continue to claim for the remainder.

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Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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I have just faxed (quicker than posting) a letter to the person who sent the offer letter to me. i told them I won't be accepting the offer they put forward, and they have until thursday to refund my charges in full otherwise i will be beginning a claim against them for the full amount plus interest. The ball is back in their court.

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It looks to me like it is...at the top of the thread it says NatWest Bank Action Group > Offered Half

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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Just spoke to customer services and they said that the case has gone to the Executive department and they will be in contact with me within the next 10 days. I just said yeah yeah OK. In my latest letter I said they have until Thursday before i start court proceedings so am I right to just start them on Thursday. Also she said it's now an Ombudsmen matter, what does that mean, does it sound like a good sign? Not really bothered who deals with it to be honest, I intend to take this as far as it needs to go to get my money back and stop future charges being taken from me!

 

Starting to slightly get on my nerves now

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Executive Schmecutive!!! What a load of cobbl*rs. If you initially told them Thursday was the day for court action, then stick to your timetable. Their 10 days is of no consequence to you - they have had long enough to resolve the issue.

 

Regarding the Ombudsman - they will certainly NOT refer themselves, so the ball here is in your court. I think that they said this to try and scare you. If, and only if, you do reply before Thursday, you may wish to drop this line into your correspondence:

Finally, I thank you for the furnished information regarding the Financial Ombudsman Service. Whilst I fully intend to raise this issue with the Ombudsman, I realise that I am able to do this in my own time, and will do so once the issue has been resolved to my complete satisfaction. I understand the bank's intention in offering this route to resolution, and am fully aware that this is merely a diversionary tactic, designed to stall my timetable, and to undermine my determination to seek full financial restitution for the inconvenience this has caused me.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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Reject there offer, tell them you will not accpet less than the value of the claim and as they have failed to satisfy your claim issue proccedings without further notice, and tell them to stuff their confidentiality agreement.

The law maybe reason without passion as Aristotle said, but hey, he said nothing about having fun when getting even!

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal expereince. For legal advice you must always consult a registered and insured lawyer.

 

 

Reputation Points Always Welcome

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That's all I needed to hear, knew they was trying to fob me off on the phone, oh well it's in their interest to settle earlier I'm in no hurry, I've struggled through the hard times caused by excessive charges, now I'm in a position to fight back I actually want it to go to court to put a face to the name and find out exactly what these charges are made up of!

 

Just a question with regards to the 8% interest,I've actually never had an overdraft all these charges have been taken because the bank took charges from me on the last day of the month and subsequently got me another charge the next day! Can i Claim back the interest as calculated on the spreadsheet here. Can anyone shed some light for me?

 

I really appreciate all the help I'm getting from people on here

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I'm in a position to fight back I actually want it to go to court to put a face to the name and find out exactly what these charges are made up of!

Those are my sentiments as well...I would LOVE to face them in court...

Just a question with regards to the 8% interest,I've actually never had an overdraft all these charges have been taken because the bank took charges from me on the last day of the month and subsequently got me another charge the next day! Can i Claim back the interest as calculated on the spreadsheet here. Can anyone shed some light for me?

If they have taken money from your account that they were not entitled to take, they can damn well pay it back...and add on the interest you could have earned to boot. The spreadsheet will calculate the interest on all the unlawfully removed charges, right up to the point when they finally settle. It's your money...and it's your interest. They are getting off lightly - if they were charging you interest it would be a lot more than 8%APR.

 

Good luck.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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When filling out the moneyclaim form online it asks for the address of the defendent, do I give them the address of my local branch, the people that sent me the offer letter, or is there someone else that would make sure that it hit home I was seriously?

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I think the consensus on this is to enter your local branch. That way you can be sure to get a local hearing. I believe there is something in the FAQs/Library about this...http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?f=43

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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Received a letter from RBS today (waiting for me indoors), suppose this one is the letter that will be to tell me that they will see me in court or offer me a poxy settlement!

 

Just a quick one, I'm actually coming round to the idea of taking these thieving toerags to court, if I decide to reject their out of court settlement (assuming there is to be another one) can I force them to go to court? Or will they just not file a defence?

 

Or should I just shut up and take my money (once again assuming there will be a full refund), after all £1,090.00 will come in quite handy

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Yep, as I suspected! This letter came from Andy Sinden (Senior Manager for Group Customer Relations) saying he has nothing more to add to the previous letters I have received (Charges are fair, reasonable and transparent blah blah blah)!

 

So on with the court proceedings.

 

Fair, reasonable and transparent? My @rse

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Just a quick one, I'm actually coming round to the idea of taking these thieving toerags to court, if I decide to reject their out of court settlement (assuming there is to be another one) can I force them to go to court? Or will they just not file a defence?

It's a question I have asked already. Basically, if they offer settlement in full, no strings attached, then a judge would not look favourably on a non-settlement of this kind. After all, the idea of court is that you DO settle.

 

However, if the settlement includes anything unfavourable (sign this/that/the other) then you could refuse...it really is a question of "what did you ask for, what did they offer" If the two are equal then you are advised to settle (no matter how keen you are to see them before the judge)

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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'm a little confused, on the moneyclaim form it says

 

"The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a ear from {date when the money became owed to you} to {the date you are issuing the claim} of £ {put the amount} and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest"

 

What is the date when the money became owed to me? Is it the date of the first charge?

 

What is the daily rate of interest? Just want to get it exactly right

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The 8% is calculated on EACH charge, as each one has a different number of days with interest owing (hence the spreadsheet) In a nutshell, interest on £10 from 5 years ago will be a few quid whilst interest on £10 from last week will be about a penny.

 

I think that what you need to do is run the spreadsheet on the morning of the case, so that all interest is calculated correctly. Print it off and take it with you.

 

Just let someone else confirm this here before following my advice to the letter, but I'm preety sure that I have got the right end of the stick.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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