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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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Victory settled in Full


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:confused: I received a part settlement letter last week ,i sent off my rejection letter/acceptance as part payment back to RBS.On the 12th Sep was the last day before i proceed with court action,bit confused now because they are kinda trying to settle but have exceeded the timescale i made them aware off...dont know what to do now as their final offer may very well be in postal transit.Any advise welcome..thankyou.:confused:
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I doubt they will offer you the full settlement.

I would go ahead with court action. You gave them a timescale to respond with a full settlement, they havn't done that and aren't likely to at this stage, so i would just go ahead with your timetable.

01/08/06- Royal Bank of Scotland - S.A.R sent

24/08/06- Royal Bank of Scotland - Statements Received

31/08/06- Royal Bank of Scotland - 1st Request sent

13/09/06- Royal Bank of Scotland - LBA sent

23/09/06- Royal Bank of Scotland - Offer received £1544 (Thanks but no thanks)

02/10/06- Royal Bank of Scotland - *WON* Full settlement

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I'm at the same stage...... just rejected tommys offer of £3.5k but I cant afford to take them to court yet. My claim is just below the £5k threshold and with the interest and fees it will bring it about £6.5k. This means that the court fees will be £250.

 

just have to wait a while longer :-(

 

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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yeah me too :-) :-) :-)

 

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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RBS Collections called me today asking why my 500 overdraft had risen to 1200. I explained that the only reason for this was purely because of their unlawfull charges and i then asked if I could make seperate payments to my loan untill the charges dispute was resolved,he told me no! They said that they could take a payment today for the loan but NOT next month..i asked that if they could take one today why could they not allow me to make single payments each month to my loan.They said todays payment would be a one off...I argued that if they can do it once then surely they can do it each month...apparently not! I told him that they were actively encouraging me to default on my loan...they denied this!

So,basically unless i pay off the 700 in charges on my account im unable to make payments to my loan! The swines...any advice please?:-x

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RBS Collections called me today asking why my 500 overdraft had risen to 1200. I explained that the only reason for this was purely because of their unlawfull charges and i then asked if I could make seperate payments to my loan untill the charges dispute was resolved,he told me no! They said that they could take a payment today for the loan but NOT next month..i asked that if they could take one today why could they not allow me to make single payments each month to my loan.They said todays payment would be a one off...I argued that if they can do it once then surely they can do it each month...apparently not! I told him that they were actively encouraging me to default on my loan...they denied this!

So,basically unless i pay off the 700 in charges on my account im unable to make payments to my loan! The swines...any advice please?:-x

 

Tell them not to take the loan money from the account as it is in dispute,

Have you sent the SAR?

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well im now at the LBA stage on that account.Im just concered that communication is breaking down amongst the staff.I mean Tommy Mclean has already offered 526,yet today the person I spoke to was going to offer me 109...They obviously arent aware that the collections centre in Edinburgh have offered this.Its a big mess...still they have untill 20th to make a full offer.

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well im now at the LBA stage on that account.Im just concered that communication is breaking down amongst the staff.I mean Tommy Mclean has already offered 526,yet today the person I spoke to was going to offer me 109...They obviously arent aware that the collections centre in Edinburgh have offered this.Its a big mess...still they have untill 20th to make a full offer.

 

Speak to him and tell him that the left doesnt know what the right is doing. Tell him you accept the £526 as a part settlement and you will continue to seek the balance.

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Hi again.I did send off the part accept letter for 526 but,thats the letter that Royal Mail lost...grrrr.So,ive extended the deadline by one week(had no choice but to do this) I just cant believe that they are stiching me up on the loan front.

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Hi again.I did send off the part accept letter for 526 but,thats the letter that Royal Mail lost...grrrr.So,ive extended the deadline by one week(had no choice but to do this) I just cant believe that they are stiching me up on the loan front.

 

They are using scare tactic to try and stop you getting your money back. If they really had a case they would go to court everytime but they dont. Dont worry their judgement day is coming they cant go on riding roughshod over the law. Keep fighting we are all with you.:D

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I would open another account anyway (just in case) and pay the loan from there.

problem solved!

 

I am in the same sort of position I have a largish loan and am claiming about 5k. I have opened a natwest account because I beleive that they may do something stupid like close the account shortly. The loan account is a different aggreement, ie they definetly wont close that, so I can continue to pay it from the natwest one if I have to.

 

dont be bullied. Even if you tell them that YOU are going to close your account the worst that they can do is ask for the overdaft back, but they wouldnt get anywhere because the account is in dispute.

 

hope this helps

 

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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Thanks Dave,Ive also just switched to Natwest as i wasnt letting them eat away at my wages.They actually left me short for my rent last month because of charges(another story!) anyway,today on the phone they said i couldnt make independant payments to my loan and that all loan payments must be made through my RBS account.When i asked them to confirm that i could not make payments directly into my loan account they said that this was the case,and that any payment would firstly go towards my overdraft.How did you manage to set up loan payments from your Natwest account please?

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I havent as yet.....just set the account up as a parachute, but if what you say is true, then it is disturbing.

 

So let me get this straight, if for example you ( or they ) closed your account how would you pay the loan? they would HAVE to accept payments from another source.

 

This sounds like bullsh*t to me, it also sounds Illegal ( no suprises there ). I would write to them and ask for the details, chapter and verse where it says you HAVE to pay from your RBS bank account, and ask them to highlight the sections.

 

DONT phone as you won't have a record of it, and you might get fobbed off again.

 

If NO joy from the branch get onto customer services at head office.

 

If you DID close your account what effect would that have on you ?

They would obviously ask for the overdraft back, but as you are making a claim anyway nothing could be finalised until your dispute is over. Does your claim cover it? I noticed that you are claiming £956 does this include the latest charges AND interest?

 

Nothing legal could happen as the account is in dispute at the moment.

 

my gut feeling would be to tell them to shove it, but thats just me :-)

 

PM a mod or someone who knows better and get some proper advice

there may be an easier way

 

rgds

 

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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Hi Dave,thanks again for your very useful advice.I will take all on board..it does seem like they are just blackmailing me into paying up on the overdraft before im able to make my loan payments.Going to write them a stinking letter..and i might just close the account too...play them at their own game!Got nothin to lose,as my salary now goes into the Natwest account.

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exactly the same as they have done to me. although since the lba has been sent they have stopped ringing me but i've checked my credit report and im at the missed 5 payment stage. i have another account with abbey and im on line with them, its very easy to set up a dd on line if you have your loan account number.

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 still don't understand this......the loan account and the bank account MUST be two seperate entities with different account no.s otherwise they would have just given you an overdraft and not a loan. DONT phone them...they'll try to confuse you or bullsh*t you. WRITE a letter stating your case and ask for a copy of the aggreement.

 

If this can ONLY be paid from your rbs account then something stinks.

 

Any defaults are now seeming to be soley due to charges etc so can probably be removed when this gets sorted.

 

hope this helps

 

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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Dear Forum,

Yes today I had a letter from Tommy McLean(on the very last daybefore i took them to court) offering to settle in full! A total of 1024 pounds! I hope that this is inspiration for those still fighting.Dont give up,i stuck to all my deadlines,posted everything "track and trace" and it got the desired result,once i receive payment i will be making a donation to this brilliant site....Goodluck and dont give up!.

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CONGRATULATIONS HONEY!!!!!:D :D :D Wonderful news!!!;)

 

Can you post it in your thread? Just so that we know what stage you were at when they settled with you.

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well done !!

 

lisax

if i have helped you at all click please the scales on top right!

 

ABBEY

11/4 S.A.R - (Subject Access Request) SENT OFF

1/6 LBA SENT

22/7 LETTER SENT REQUESTING THEM TO REFUND CHARGES

15/7 STATEMENTS RECEIVED (ALL 6 YEARS WORTH)

20/7 CLAIM ISSUES IN OLDHAM COUNTY COURT.

8/8 CLAIM ACKNOWLEDGED GIVING THEM TILL 21/8.......

SETTLED IN FULL!!!!!!!

 

T MOBILE i won!

16/6 Data Protection Act SENT OFF

 

5/8 t mobile have failed to comply with the Data Protection Act/S.A.R - (Subject Access Request) reques ....BRING IT ON BABY!!

7/8 LBE SENT GIVING THEM 7 DAYS TO COUGH UP MY CASH

7/9 FULL REFUND BEEN SENT!!

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Dear Forum,

Yes today I had a letter from Tommy McLean(on the very last daybefore i took them to court) offering to settle in full! A total of 1024 pounds! I hope that this is inspiration for those still fighting.Dont give up,i stuck to all my deadlines,posted everything "track and trace" and it got the desired result,once i receive payment i will be making a donation to this brilliant site....Goodluck and dont give up!.

 

I am also in correspondance with Tommy McLean and I was wondering if you could clarify something on your timeline

 

Sent rejection letter have untill 12th Sep before i launch Moneyclaim.

 

Can you tell me the wording you should use in the letter just the sentence after refusing their offer of settlement and they have until 12 days time before you launch moneyclaim. Should you say before before I launch a small claims procedure against the bank. I am just confused by the phrase launch moneyclaim.

 

Gary

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