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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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lucyec v RBS


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Guest willowb

Doesn't it just honey.....I'm so sorry that happened to you but hold tight! what else can you do? Good luck me dear.......chin up you can do it!;)

 

Wxx

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Wise words!

 

Lucy,

 

I would try the tactic but I wouldn't hold your breath! If you are going for £5k in charges that is what you pay for, not the added interest and costs etc, they get lumped on by the Court once you win!! Have a think over a glass of wine this weekend, if you can hold out, go for the full amount, it is worth it in the end. You could still send the offer to Big Tommy and wait for a reply for a couple of weeks or press go on the MCOL and wait a little longer. Try to detach your emotional state post-crash from the fact that you want (and deserve) your money back, if you are claiming £5k and 'only' have a £2k OD then you'll be laughing, most of us end up just clearing our ODs.

 

Think about it over the weekend, MCOL close Sat/Sun anyway so you're not wasting time.

 

Mange tout!

 

BC:cool:

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

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My banks advice has always been if I don't have enough money to cover the cheque/DD/whatever then I shouldn't be 'spending' the money. To recover my charges would be the boost I need to get myself back on track financially, just to be in credit for the first time in 7 years would be a good start. I don't want to increase my overdraft, sort term or long term, because I'll never be able to pay it back and will just end up getting into more debt.

 

Lucy your situation is quite similar to mine and i have to agree with you. The RBOS have been anyhitng but sympathetic!!!

 

I hope you get out of the current squeeze enough to keep on top of this!!!!!

 

Gav

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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Thank you everyone - I really appreciate all the support, it's good to have so many people on my side. For a long time it's felt like a lonely battle against the 'big guys' but I'm so glad to have been welcomed onto this site and have everyone supporting each other.

 

So, I've come to a decision. I am going to send this letter today:

 

6 October 2006

 

Mr T McLean

Customer Relations Unit

Retail Support

The Forthstone

56 South Gyle Crescent

Edinburgh

EH12 9LE

 

Dear Mr McLean

 

Re: Account xxxxxxxxx Sort Code: xx-xx-xx

 

Thank you for your letter of 3 October 2006 which I received yesterday.

 

I would like to accept your offer of settlement at the sum of £3705.00 on the condition that my current overdraft is written off. This stands at £1905.35DR as of the date of this letter. This would mean a total of £5610.35 being credited to my account as full and final settlement. As I am reclaiming a total of £5649.50 in charges (see enclosed schedule), I feel this agreement would be more than fair.

 

I look forward to £5610.35 being credited to my account in the next seven days. If this amount is not credited to my account on or before 13 October 2006, I shall begin court proceedings for the full amount including interest of £6272.76 plus costs.

 

I trust this clarifies my position and look forward to hearing from you soon.

 

Yours sincerely,

 

 

So if I don't have a response from that (which I won't be holding my breath for) I will go ahead with the MCOL. The insurance have already made me an offer for the car so with a bit of luck I will have received my insurance money from them by then and I can use some of that to fund the claim.

 

Does that make sense? What does everyone think?

 

EDIT: I just had a thought - surely this would be a win-win situation for the bank, because even though they'd be 'paying' me £5610.35, I'd be using £2k to pay off my overdraft (effectvely a loan from RBS) leaving me with the rest. So they'd be getting their money back too, so to speak.

~

:p I'm a lover, not a fighter... well, most of the time :razz: ~

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I think thats a reasonable letter and offer on your part. They get away without having to fork out the 8% interest and you get what you want.

 

At the end of day Lucy, only you can decide whats right for you and your circumstances. Its all well and good chasing them for every single penny but in some cases it may be just as accaptable to take what is offered and walk away with peace of mind knowing that your curent situation has been eased and that you have gained a moral victory.

 

Whatever you decide will be the right choice for you..........and at the end of the day thats what matters.

 

Gav

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 Gav, yes I think I'm being reasonable. I've sent the letter now, and e-mailed it as well. Fingers crossed he sees it as the easy way out so to speak. If not, then I've bought myself more time to think about raising the money for the MCOL.

 

I have the weekend to think about it as BC says... and a very long lunch with the girls planned for tomorrow with copious amounts of wine to cheer us all up. :D

~

:p I'm a lover, not a fighter... well, most of the time :razz: ~

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LOL.........quite right.

 

Have a good weekend.........you defo deserve it!!! :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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hi lucyec,justr to let u know i won. 4k in cheque and 2k to pay off od. rang tommy and he agreed to it. me and the 5 kids gonna have a great xmas. glad your happy with your outcome as well 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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hey lucyec, just read thru your threads from start to today, and I gotta tell you, its given me the courage to go for my money. Was just a bit scared as fallen behind with loan payments and didnt know what would happen if I did try anything. But you only get one chance of living and don't want the banks profiting from my hard earned cash. So thanks again

 

Vlad

XXX

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That's great news Susanne - I'm really pleased for you, I bet you and the kids are really looking forward to Christmas now :) I haven't really had a definite outcome as such. I e-mailed Tommy McL on Friday with my proposal, so I'm waiting to see if he'll go for the settlement.... fingers crossed! It'd save both parties a lot of time, money and hassle in the long run.

 

Vlad, I'm glad I've helped give you the courage to fight! This site has been a huge help to me and you'll soon find that everyone is so supportive to each other, through good times and bad. Go for it!

~

:p I'm a lover, not a fighter... well, most of the time :razz: ~

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Hi Lucy

 

I am new to also this, but I have just sent off my letter to Rbos to claim back all my charges, I am 25 now and still paying off the student overdraft from the student account I got when I was 18! It is basically just charges I am paying back now and I've had enough! I got another bank account with the Halifax, so just go for it!

 

good luck!

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Congrats Suzanne, what a result.

 

Lucy, keep in touch, as soon as you get something from Tommy. I have got everything crossed for you!

 

BC:cool:

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

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Thanks BC,

 

I haven't heard anything as yet, but keep checking my account to see if there's any rather large credits! I don't know whether to call to check he got my e-mail/ letter like Susanne did, or just leave it til the end of the week... not sure I'd have the guts tbh!! Susanne is a better woman than I!

~

:p I'm a lover, not a fighter... well, most of the time :razz: ~

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not better but my hubby says bigger balls. just kept my tone polite but firm. when he offered first amount at just 4k i said and i quote "sorry mr mclean but i'm not willing to accept that as you see my position is i am 2k overdrawn with yourselves and no access to the account. BUT (and it's a big but with everything crossed as i asked). if you would write off the od then i think we have a deal" then he said and i quote again "ok" "as i said i'm willing to negotiate" end of conversation and ta very much.

  • Confused 1

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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Lucy,

 

sit yourself down and have a word. You've got this far, so long as you stay calm, firm and polite you can do anything. Just make sure you know what you want. Work out what you are owed, what you want to start off requesting and what you will accept as a compromise. Whatever happens, don't get angry just keep to your position and if you don't get resolution end the conversation with, "Well, it's a shame we haven't reached an acceptable compromise, I'm afraid I'm going to have to carry on and take this to the Court." It's not an empty threat, but it may loosen his bowels a little more...

 

BC:cool:

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

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Right... ok then both. I will have a word with myself BC! Thing is, I'm in work and don't want to have that conversation in front of the whole office particularly. So it's going to have to wait til lunch time and I'll go out and sit in the (hire) car... assuming Mr T doesn't have his lunch the same time as me! If I write down the points I want to say and the amount I'll settle for I should be fine shouldn't I? Now all I need is the all important phone number......Susanne?!!

~

:p I'm a lover, not a fighter... well, most of the time :razz: ~

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hi honey number is 01315235116. as said before try to keep your voice calm but firm. do you have kids???? if so think of how you would answer them if they keopt asking for things unless he agrees to you its a very firm no and try to put your points across as well in the conversation. good luck everything crossed for you 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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Thanks Susanne, yes I have a daughter so I'll bear that in mind. Right then, I'm going to write everything down ready now (no, I don't have any actual work to do!)

 

Also, thought people might be interested in this, I saw on the front page of Metro which they stick in our canteen every day. The link on their website isn't working, so I've written it out:

 

BANK DROVE OUR SON TO SUICIDE

 

A student hanged himself after being hounded for months by his bank over a £1200 debt, an inquest heard yesterday.

 

Geraint Banks-Wilkinson was left penniless after handing over his entire student loan to the HSBC to pay off the money, it was claimed. Geraint’s 52-year-old prison guard father, Geoffrey, answered the phone and told the bank: ‘You have pestered him for months and now you have driven him to his death.’

 

After a meeting at the bank, the computer student broke down sobbing, telling his mother: ‘They can’t help me, they can’t do anything for me.’ The next day – 2 weeks before his 21st birthday – he hanged himself in the bathroom of his flat. In a final twist, the bank called again about the debt on the day he died, his family claimed.

 

Geraint struggled to make ends meet after starting his second year at Swansea Institute in October 2005, the inquest heard. He worked part time in McDonald’s restaurant but was still short of money. HSBC allegedly called him every day for a month about his debt.

 

In January, Geraint gave the bank his student loan to pay off his debt – but staff said they would not give him an overdraft to cover his living expenses.

 

His mother Marian, 46, a call centre worker for another bank, said: ‘He sat in the car, put his head in his hands and sobbed’.

 

Swansea coroner Philip Rogers recorded a verdict of suicide. The bank said: ‘We have not had an opportunity to review the coroner’s findings and cannot comment. We make every effort to reach customers the moment we begin to see signs of financial difficulty.’

I wonder how much of that was made up of charges.

~

:p I'm a lover, not a fighter... well, most of the time :razz: ~

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Good Luck Lucy xxxx

 

Just keep calm, easier said than done I know and if you feel uncomfortable at any time just end the conversation as Col says.

 

 

Stacy xxx

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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Cheers Stacey :)

 

Well, flippin' psyched myself up and he was at lunch!! B*gger! I've left a message for him to call me back, so will wait and see if he does. If I don't hear anything by about 2.30 I think I'll ring him back again.

~

:p I'm a lover, not a fighter... well, most of the time :razz: ~

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Bon oeuf!

 

Exactly right attitude, call him and he's on the back foot too!!

 

BC:cool:

 

Stike Hard, Strike Sure!!

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

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YAAAAAAYYYYYYYY!!!!!!!!!!!!!!

 

Need I say more?!!!

 

Mr T just called me back now... lovely man.... said they'd put a letter in the post to me yesterday meeting my claim in full :D :D :D :D :D

 

Can I just say a huuuuuuuuge THANK YOU to everyone for supporting me. I'm so glad I didn't even have to make a court claim.

 

Somebody get the bubbly out... this is the best feeling in the world:razz:

~

:p I'm a lover, not a fighter... well, most of the time :razz: ~

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I didn't even have to say anything - the message I left was to say I was just checking if he'd got my e-mail. He rang me back and basically said 'yes I got your e-mail and we sent a letter out yesterday to you. It might have missed the post so you may not get it 'til tomorrow. But it's basically saying we're meeting your claim in full, so if you just sign and return the form we'll sort it all out from there'. I didn't have to say much. I just said thank you very much for getting back to me and that was it! I'm soooo excited, I want to scream out loud that I've won, but I haven't told anyone in my office what I've been doing, so I can't!!

 

Thank you so much Susanne, you were one of a few who really gave me the confidence I needed :)

~

:p I'm a lover, not a fighter... well, most of the time :razz: ~

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Well done. I'm delighted for you. I am also encouraged to see that more and more people seem to be getting resolution with RBS at an earlier stage. Heres hoping;)

 

ps.....have you stopped grinning yet??

 

J

1/9/06 RBS claim #1

8/11/06 - claim settled

17/11 claim #2 started - incl creditcard

30/11 - CC statements received

31/11 - Prelims issued - RBS paying up, only M/C to go)

 

If any of my advice/ info has been helpful, please click the scales:D

 

Please also remember that any advice is given from my own experience and in good faith as a lay person. If in doubt, please contact a qualified professional:)

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