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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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This is how RBS deal with RPA (Wonga etc) Confirmed by Stephen Hesters office


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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 4 weeks later...
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Thick as a pair of house bricks, this Ombudsman. No he certainly cannot ask RBS to comply with the law and assure my nephew that they will do so in future so that he can use his account with confidence!

 

So, we part on a stalemate and we now move on to this new-fangled FCA. Will keep you posted as we go!

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Well I would hope you do indeed receive a more satisfactory response from the FCA.. I must admit, I am surprised at the Ombudsman's decision, especially as CPAs have been quite popular media fodder over the past few months !

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I have exactly the same issues with RBS except with another payday lender.

 

I've had mail going to the wrong address, complaints going unanswered, promised callbacks not being made when requested, threats of DCA's, a fraudulent (confirmed in writing by EE) Orange mobile phone account set up to debit my RBS current account and even a fraud warning placed on my credit file as the RBS had my current home address listed as their own branch.

 

I've had the final response letter only recently and am compiling my complaint to the FCA but just wanted to mention the fact that this also impacts on your Nephew's credit file as it has mine. The un-authorised overdraft will have been reported to them for a full 18 months and I intend to include this in my complaint, as this is the third time that this has happened to me with RBS.

 

I've already been fully-refunded and compensated for the two previous complaints but this time they're digging their heels in. I've been legally advised on the basis of facts provided that I have a cast-iron case and to fight it all the way. I'd be happy if they simply restored my account to its previous position, as it's my credit file that means more than the cash to me.

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I have exactly the same issues with RBS except with another payday lender.

 

I've had mail going to the wrong address, complaints going unanswered, promised callbacks not being made when requested, threats of DCA's, a fraudulent (confirmed in writing by EE) Orange mobile phone account set up to debit my RBS current account and even a fraud warning placed on my credit file as the RBS had my current home address listed as their own branch.

 

I've had the final response letter only recently and am compiling my complaint to the FCA but just wanted to mention the fact that this also impacts on your Nephew's credit file as it has mine. The un-authorised overdraft will have been reported to them for a full 18 months and I intend to include this in my complaint, as this is the third time that this has happened to me with RBS.

 

I've already been fully-refunded and compensated for the two previous complaints but this time they're digging their heels in. I've been legally advised on the basis of facts provided that I have a cast-iron case and to fight it all the way. I'd be happy if they simply restored my account to its previous position, as it's my credit file that means more than the cash to me.

 

 

 

I think you are being very unreasonable. The new boss Ross McEwan starts today on a salary of £1,000,000. You do realise that by taking the sort of action you are may reduce any rise in salary or his Christmas bonus.

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  • 4 weeks later...

WITHOUT PREJUDICE

 

Conniff, is that all they're paying him? I feel so guilty now about considering legal action :| Just to update my situation, I've been hounded by their collections team despite telling them that my complaint has been registered with the FOS. They have even called me on my new mobile number despite me never giving it to them.

 

I've quoted all of the above advice, letters, etc; They insist that my complaint is invalid. They also insist that they have every right to contact me over a disputed account as they have had no update from the FOS. The Protection From Harassment Act 1997 quite clearly states:

 

Prohibition of harassment.

 

(1)A person must not pursue a course of conduct—

 

(a)which amounts to harassment of another, and

 

(b)which he knows or ought to know amounts to harassment of the other.

 

(2)For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.

 

(3)Subsection (1) does not apply to a course of conduct if the person who pursued it shows—

 

(a)that it was pursued for the purpose of preventing or detecting crime,

 

(b)that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or

 

©that in the particular circumstances the pursuit of the course of conduct was reasonable.

 

In my opinion the particular conduct of RBS in continuing to contact me once I have already formally informed them that the account is in dispute with the FOS is not reasonable and they are therefore guilty of a criminal offence. Simply not having recorded the fact that I have formally disputed the account is not reasonable in my opinion. These are supposed to be dedicated and specially trained professionals who work in this section of RBS. Therefore, it would be reasonable for the man on the Clapham omnibus to assume that they ought to know that such conduct amounts to harassment.

 

I spoke yesterday with a minion who refused to provide me with their address for service of legal documents, saying that I had to send all such documents to Stephen Hester in Edinburgh. I found their address for service of legal documents on here within 2 minutes, so my only guess is that these minions aren't properly trained to handle such queries. It's all good ammo for my complaint to the FOS, so I'm happy to take the calls but they really should've stopped all contact until the FOS has made their decision, in my opinion.

 

My final dispute letter also quoted VISA regulations and tried to lay the blame with them. In my own humble opinion, the blame is with me for taking out a payday loan in the first place. However, me being stupid enough to use such a service does not detract in any way from the RBS failing to comply with their own terms and conditions not to mention the VISA regulations and the law of England & Wales.

 

I feel as though I have no control over my own money with RBS due to their completely spineless approach. Incidentally, does anyone know who WONGA and the other payday lenders bank with? Could it possibly be RBS Group PLC (Public Lying Company)?

 

I'm a business owner myself and savvy to how such a relationship could possibly amount legally to coercion as well as harassment.

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