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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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Speedy response from RBS


Guest BlueRuby
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Guest BlueRuby

After reading your post I went through my statements yet again!!! I can't find any amount credited that I can't account for ie as a cheque or bacs payment etc. Also I can't help feeling that an amount like £680 would not have slipped my mind! Thanks anyway Rogerebaker!

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Guest BlueRuby

Got a letter this morning from Simon Lamb replying to mine of 20th April (LBA) asking for a breakdown of refunds and charges. He says

 

"I have ordered statements for the period of Dec 1999 to Nov 2003 (that was my original request). I will arrange for refund entries to be highlighted and forwarded to you. I hope to receive these in the next few days. I appreciate your patience whilst I arrange this for you."

 

Technically their 2nd 14-day period is up tomorrow but I think I'll write thanking them for the above help and giving them another 7 days before action. Although I've been through the statements at least 153 times, I'm terrified that these highlighted entries will turn out to be something I've missed! Better to be safe than sorry - imagine if it got to court.....

 

Anybody got any thoughts about this?

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  • 3 weeks later...
Guest BlueRuby

Surprise, surprise, the promised statements have never turned up! It doesn't matter because I have kept all my statements and other documents relating to the account and I can prove that they have made a mistake about the refunds. They have also included the Royalties fee in their estimate of the charges applied to the account and of course I was not going to ask for that back anyway. So that's 2 mistakes. Their 3rd mistake of course is thinking I'm going to go meekly away! They've now wangled 32 days since the LBA was delivered so it's time to go to court. Will keep you posted of course.

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Guest BlueRuby

I filed the court claim this morning so it will probably be issued tomorrow. The total amount was £1283.70 including £120 court fee.

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  • 3 weeks later...
Guest BlueRuby

Received Notice of Acknowledgment of Service from the Court this morning, filed at 10.08 on 9th June. Gives Cobbetts LLP in Manchester as the defendant's solicitor. Also says they intend to defend the claim :rolleyes: - we'll see.

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  • 4 weeks later...
Guest BlueRuby

I can't believe I've been so stupid! I was counting 28 days from their acknowledgment of the claim instead of from service of the claim :o So I was thinking they had till 7th July to file a defence instead of which they should have done it by 28th June!!! :oops: I know we're told to stick to our timetable, not theirs but somehow I don't think that's what Bankfodder had in mind! Well, as soon as I realised my mistake I requested judgment and it has been accepted so hopefully I should get my money soon.

You can't call me any names I haven't already called myself :rolleyes: :rolleyes:

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Lol oh well at least they didn't put in a defence in in the extra few days!

 

Hopefully you'll get a cheque soon!

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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Guest BlueRuby
Lol oh well at least they didn't put in a defence in in the extra few days!quote]

 

Hah! You're so right. I'd have been spitting tacks :D :D

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Guest BlueRuby

Just had a look online and judgment has been issued 06/07 and the order sent to the defendant. :)

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BlueRuby,

fingers crossed for the next few days! Keep us posted!

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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Guest BlueRuby

I've heard nothing from RBS or their solicitors since judgment was entered. Reading around the forum it seems that people think it best to wait 7 days before applying for a warrant but I'm getting a bit fed up now and I want to do it now (5 days). Has anybody got any thoughts about this?

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Hi

I'm more or less at this stage, my judgement against RBs would have arrived yesterday. It's all just a wait and see game, one I can't really afford to play but don't have much choice. I would have said 5 days for a bank to act was more than enough, they don't give us 5 days before they take £35 off you.

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Guest BlueRuby

My thoughts exactly! I'm going to go ahead now. Nothing will happen before tomorrow anyway. I'll be looking for your good news too!

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Guest BlueRuby

The warrant was issued 12/07 ;) I'm now biting my fingernails to see what the bank are going to throw at me next!

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Guest BlueRuby

OK, I'm getting a bit worried now. I've heard absolutely nothing from the bank or Cobbetts and it's now 6 days since the warrant was issued. In fact the last I heard was a standard fob-off letter from Tommy McLean on 11th May :o

Supposing they continue to ignore me, what happens next? Should I phone the court and see if they know anything? I'll bet if the situation was reversed and I owed the bank money, the bailiffs would have been round by now :mad:

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You are quite right - the bailiffs would have been round.

 

Do the same. Send them in; you can do it through the mcol site. I think the fee is 50 quid, which of course becomes payable by the bank.

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

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.

 

------------

 

 

Add me as your friend on FaceBook - I need all the friends I can get :-(

 

http://www.facebook.com/profile.php?id=577405151

 

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...also, don't forget to take the day off work and go round there with a camcorder and put it up on this site for us all to have a laugh at.

 

I can just imagine them now, taking the desks out through the front door!

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

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.

 

------------

 

 

Add me as your friend on FaceBook - I need all the friends I can get :-(

 

http://www.facebook.com/profile.php?id=577405151

 

------------

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Guest BlueRuby
...also, don't forget to take the day off work and go round there with a camcorder and put it up on this site for us all to have a laugh at.

 

I can just imagine them now, taking the desks out through the front door!

 

Oh so can I Dave :D But I've already issued a warrant - is this something else I can do?

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Guest BlueRuby

Nothing in the post this morning so I've just phoned the court. They said there was nothing showing on the system ;) and the only thing I can do is phone the bailiffs. However, their phone line is only accessible between 7.30 and 9 in the morning :rolleyes: After that they go out on their rounds - evidently not as far as the Royal Bank of Scotland. Anyway, you can bet I'll be on the phone first thing tomorrow. :-x

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this must be so frustrating, have you tried phoning Stuart Higleys office and pointing out the situation? All I can think is that the claims been overlooked, explain the bailiffs are due to go in this week and see if he wants to settle?

 

Stacy

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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Guest BlueRuby

Is Stuart Higley from Cobbetts? I've had no communication from them at all so not familiar with the name! :confused:

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Guest BlueRuby
this must be so frustrating, have you tried phoning Stuart Higleys office and pointing out the situation? All I can think is that the claims been overlooked, explain the bailiffs are due to go in this week and see if he wants to settle?

 

Stacy

 

Just wanted to add that that is what I am thinking too. I'm not even asking for a huge amount and I've not even had a derisory offer :D

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Id phone Tommy Mcclean at RBS if thats the last corr you had, his direct dial is 0131 523 5116. Go on!!!!!!!!!!!!!!

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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Guest BlueRuby

Well, I phoned Tommy - he's on annual leave (lucky fellow). Spoke to someone called Rob didn't catch his last name but in any case he couldn't help as I had gone down the legal route, as he put it, it was nothing to do with them any more! So I phoned Cobbetts - deep joy. Apparently I need a reference which I haven't got. There's nothing on the copy of the Acknowledgment of Service. I was passed to one person who turned out not to be the right one and then the switchboard operator said that there were 800 people working there :eek: and without a reference I'd be going round in circles - no kidding! So I phoned the Customer Help Desk at MCOL and spoke to a very nice lady who was unfortunately unable to help me either :rolleyes: She does not have a reference for Cobbetts either. So, it's the bailiffs for me tomorrow morning 7.30 sharp ;)

 

Anyway, thanks for the advice Stacy - I tried!

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I'd love to get the chance to send in the bailiffs in fact i hope they with hold payment so i can go and watch( along with EVERY bit of press coverage I could get ) with a video camera

Rbs £114 + contractual at 29.84% I won total=£125 no laughing it's a win

Don't moan about it DO SOMETHING ABOUT IT :D

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