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    • Thanks for letting us know about this. I'm afraid that this website is mainly bad news about companies so it's very refreshing and very decent for someone to come along and to give praise where praise is due. How about a link to their website?
    • Having a little additional think about this, I think that your interests are best protected in the following way: You inform the seller that you are obtaining the quotes which I have referred to above. Having received the quotes, you then inform them that you are proposing to have the work carried out at XXX garage and that you will expect that the seller will reimburse you for the costs and associated expenses. You can tell them though that you understand that they may want to control the work being done to the car and so you are willing to allow them to do it but as the fault has manifested itself at this point and that it is clear that the problem is their responsibility, if they wish to carry the work out themselves then they will have to organise the collection vehicle and the delivery of it to you once the work is completed. Of course this will be very expensive for them and they will either fail to respond or they will refuse. Whatever their reaction, you would then go on to say that as they have failed to respond/declined the invitation to carry out the repairs themselves, that you are now going to your preferred garage – one of the two quotations which you have supplied – and you will have the vehicle repaired there. You are giving them an opportunity to comment. I think that if you use this approach, then you will be able to demonstrate very clearly that they had a choice and therefore they will be unable to disassociate themselves from the repairs which are eventually carried out at your chosen repairer. Even though this exchange of correspondence may mean that it will take a week or so longer to have your repairs carried out, I think you should do this in order to protect yourself in the best way possible
    • Please name the dealer   I would start off by sending them a letter of rejection seeing as you are within the 30 days. This doesn't mean that you have to reject it but it reserves your position. Secondly, on the basis of what you say, I don't think that you need necessary to find the cheapest place. You should be looking at the best quality that you can find. I think the best thing to do would be to get to competing quotations for the work you propose to have carried out – and not necessarily at the cheapest place, but a couple of proper reputable garages – authorised for that kind of vehicle. Inform the dealer as to what you are doing and providing with copies of the estimates for the work before you put it in hand. Give them five days to object or to make other comments. Make it clear to them that once the work is carried out that you will be looking to them to reimburse you. Of course you are opening a can of worms here because if you get some further problems – more serious – you may find that the dealer is starting to say that because you have carried out your own work so your own repairer on the car, they cannot now say that any defects were inherent in the purchase – and that they may have been introduced by 1/3 party repairer. I'm afraid that you have certainly fallen into a trap of buying a car a long distance away from where you live. We find that people often tend to do that because they think the car they have found is the only one in the world for them. They forget to factor in the difficulties that they will be if there are defects – particularly if the car stopped altogether – the cost of transportation to the dealer, the cost of having to travel up and down the country to collect the car – and of course these difficulties could emerge several times through the initial years of your ownership of the vehicle if you are relying on your statutory rights and expect the dealer to meet those obligations. Furthermore, if you have to bring a court action against them you are now dealing with multijurisdictional claims – suing out of Scotland against the defendant in England and that adds to the complications. It's too late for you to do anything about this – unless you actually decide to reject the vehicle – but at the very least, other people who come across this thread may get some benefit from these comments. I think it's important for you to get the best quality repair you can and to make sure that the dealer is aware of what you are doing so that if later on they try to deny responsibility for further defects, that you will be able to show that they were fully appraised of what you are doing and they will have less room to manoeuvre themselves out of their statutory obligations. I'm afraid that purchasing a car from one dealer and then having it repaired by another service provider, brings into the same kinds of difficulties that somebody who purchases a central heating boiler from one supplier and then has it installed by a different supplier find themselves in. When things go wrong, the seller blames the installer. The installer blames the seller – and you, the customer, are piggy in the middle. Not a good place to be. I notice that you are doing things on the telephone. Big Fail! Read our customer services guide. In your situation you should be extremely careful to make sure that you have got a record of everything and a full paper trail
    • What information do DVLA need for a provisional licence ?   Think the ID issue needs to be looked at a bit more. Surely you have birth certificate, school information, Doctors records. School and Doctors should provide a letter to help with ID.                
    • Amex as with any creditor must help you the FOS should go with you and make them remove all interest charged from the very 1st time of asking for help. the FCA regulations actually almost dictate it, they most certainly clearly state that if the are FCA registered they must help.   it's very telling they have no marked your credit file....almost as if they know they are wrong. it's also telling that an irresponsible lending complaint might well be in order hear too, they can just keep upping the credit limit without checking you can pay. and ofcourse covid plays its part here and they've already admitted as they allowed payments holidays until october in line with the rest of the industry and they should be continuing that. you problem is you keep using the phone, no paperwork no record of things discussed. i'd get an SAR off to them. and get the comms/account log and all the statements from day one and go nail them.
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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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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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

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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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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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

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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