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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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Maroondevo52 v Bank of Scotland (business Account) *Settled*


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But no 8% interest.

£720 plus £39.00 Court Fee.

Total settled £759.00.

Edinburgh Sheriff Court.

 

Donation on its way!

 

Thanks.

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RIP: Rooster-UK - MARTIN3030 - cerberusalert

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  • 1 month later...
  • 1 month later...

I have a business account with the Bank Of Scotland and am a sole trader, ive discovered that I have paid out in charges in the last 2 years £1505. Sent off my letter befere action as advised requesting refund and recieved a letter this morning from their customer relations manager stating,

As you will be aware from the recent media coverage regarding charges in general, that this relates to the unfair terms of consumer contracts act, and I note that the bank is dealing with a personal claim on your behalf.

However, I must point out that as a business customer, you are not included in this act, and am unable to offer a refund.

Is this correct? I believe that as a sole trader I am the consumer.

My business is very small and not a Ltd Co run by a Board of Directors

Any advice would be much appreciated.

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Hi,

they are trying to scare you off, I have an just issued court procedings agains BOS for my personal account and am about to for my old business account ( partnership).

When claining for a business make no reference to consumer law.......it does not apply......I think there is a business particulars of clain in the Lloyds TSB forum.

Hope this helps

 

Roscodog

"What counts is not necessarily the size of the dog in the fight; it's the size of the fight in the dog."

Dwight D. Eisenhower

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  • 4 months later...

Hi, i am taking on BOS for my business a/c did you sue via Scottish courts or England? I am assuming as my address is in england this is were the claim should originate? thanks

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  • 4 weeks later...

Hi

I'm in a similar situation; small business account seeking to reclaim from Bank of Scotland. My main obstacle now is tracking down the English address to supply to the court; do any of you on the forum have a note of that? Would be much appreciated

Regards

Mark

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I tried a postcode search but only got Royal Bank of Scotland in Bishopsgate. Can't seem to find a London address for just plain old Bank of Scotland anywhere. Anyone would think they have something to hide...

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