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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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kevmcfad v BOS - **WON**


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Need some help with Form 11 and sheriff court action!

 

I've been using the templates in the Consumer Action Group's library (great resourses!) to claw back the bank charges that the Bank of Scotland have given me over the last 6 years. Because they gave me so many charges I was forced to get a loan to pay off my overdraft and I switch banks around 10 months ago. I'm now with Smile (internet bank) and had no problems since!

 

After sending the Data Protection Act letter they sent me my last 6 years bank statements to me within 2 weeks in 3-4 seperate packages.

 

I calculated the total amount of bank charges over this time and it came to a massive £2821 (not including 8% APR) :o . Since I'm in Scotland I've been forced to break this down into smaller amounts. The first amount I'm claiming is £587 + 8% APR (Total £749.63) + £39 Court Fee.

 

I sent them the Request for Payment letter and they sent back the usual automated responce.

 

I then sent the 2nd Request for Payment letter and they responded by offering me only £129, which I rejected.

 

The deadline that I set in the letter passed so I issued a Small Claim with my local Sherriff Court. The Summons is on 29/09/06 and the bank's response date is 22/09/06 (today)!

 

They bank sent me another settlement agreement letter today for £648. The wording is :

"Confirm that I accept the offer of £648 from Bank of Scotland in full and final settlement of my complaint regarding bank charges made on my Bank of Scotland accounts."

 

Does this mean that I can't claim back the rest of the bank charges from them?

 

I contact the Sheriff Court for their opinion and the woman in the sherriff clerk's office couldn't comment on the wording but she did say that they had not been contacted by the Bank of Scotland and I would need to contact them personally as the letter was sent directly to me. Is this correct? and since the response date has passed is there any point in replying?

 

The Sherriff Court gave me a Form 11 Minute of Decree that I have to fill in before 27/09/06. What is this and how do I fill it in?

 

:? kev :?

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Hi Kev

I'd call the bank and remind them that they are due in court next Friday and that they have not replied before the return date. Don't sign that offer. Information on the Form 11 can be found here

 

Unfair UK Bank Charges Free help from Govan Law Centre, Glasgow

 

click on Scotland on the left, then in the text on this page is a link "what if the bank doesn't bother to defend" that should help

Good luck

Mairi

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Thanks for the link.

 

I don't particulary want to phone the Bank of Scotland. Why should I bother? They couldn't be bothered to defend the claim against them. I'd have to wait on hold to speak to an operator then explain everything to them.

If I fill in the Form 11 and hand it into the Sheriff Court will I automatically win the case by default?

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Today, 17:52

avatar85_1.gifRobertxc user_offline.gif vbmenu_register("postmenu_258495", true);

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icon1.gif Re: someone

Quote:

They bank sent me another settlement agreement letter today for £648. The wording is :

"Confirm that I accept the offer of £648 from Bank of Scotland in full and final settlement of my complain regarding bank charges made on my Bank of Scotland accounts."

DO NOT accept this term. It means exactly what you think it does, and will prevent you from claiming any more.

 

I would write back and say that you will only accept the unconditional settlement of your claim.

__________________

If your claim is successful, please donate 5% to the forum so that it can continue to help others.

 

The opinions of 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 the replys.

The bank's response date was Friday 22nd and yesterday (Saturday) I received this letter:

 

Dear Mr McFadzean

 

I have received and have been dealing with the proceedings, which you have issued against Bank of Scotland in the Kilmarnock Sheriff Court.

 

Your claim relates to bank charges debited to your current account. Theses charges were debited to your account in accordance with the account terms and conditions, which you agreed to accept, and by which you are bound.

 

However, on a purely commercial basis, it will cost Bank of Scotland money to defend your claim in terms of the legal costs that will be incurred. It is unlikely that Bank of Scotland will be able to recover these costs (even if the bank wins) because your claim will probably be allocated to the small claims track, in which costs are not generally awarded.

 

For this reason, but without admission of liability, Bank of Scotland is willing to reimburse £587.00 in respect of the bank charges incurred, together with £161.95 in respect of approximate interest that Bank of Scotland has calculated was charged on your account as a result of the charges. Please see the attached schedule for ease of reference. The Bank of Scotland will also reimburse £39.00 in respect of the Court fee. This amounts to £787.95, a cheque for which will be forwarded within the next 5 working days.

 

I will write to the Court to let them know that your claim has been settled and would be grateful if you could do the same.

 

Yours sincerely

 

Rachel Sandbrook

Customer Relations Manager

Core Business

Customer Relations

 

 

RESULT!

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  • 3 weeks later...

Well done!!!! I have received my statements from BOS, written asking for the amount owed (£987) and had a 'phone call on Friday offering me £183.....

 

I need some advice on what to do next please.

 

I coulnd't speak to the peron who 'phoned as I had a house full of visitors and said I would call them back on Monday to discuss further.

 

Am I right in saying that i refuse the offer and that I will file a court action? If so, what do I do next?

 

Getting a bit mixed up now as I think I have read too many links/info that I'm not sure what/how to do it!!

 

I live in Scotland and think the system varies from English courts??

 

Would appreciate any adivce,

thanks

 

Carol

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