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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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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.
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      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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RR vs RBS


RogerR
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Well the ball is now rolling. I sent in my S.A.R - (Subject Access Request) letter on Oct 1st and recieved a reply from Joyce E Tudor, Retail Regulatory Risk (Business House B, PO Box 1000 Edinburgh EH12 1HQ) on Oct 9th.

 

Although I did send a cheque for £10.00 pounds and refer to it in my letter, she told me "If you would like a copy of your bank statements, I will be happy to arrange this and they will be sent out directly. The fee for this is £5.00. I would be grateful if you could send a cheque...blah, blah, blah..."

 

Their time is running out.....

 

 

Roger

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Hi

 

I am just about to send my letter off to RBS... can i ask what address you sent it to... the registered address (if so what department did you send it to) or the address in the other contacts?

 

Many thanks

 

LH

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

Barclays - S.A.R - (Subject Access Request) sent 18th October

 

 

RBS - £1543.40

S.A.R - (Subject Access Request) sent 18th October

Statements received 2nd November

Prelim sent 3rd November

LBA sent 21st November

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Hi LH,

 

I sent my letter to The Royal Bank of Scotland, 36 St Andrew Square, Edinburgh, Midlothian, EH2 2YB. This seems to be their main registered address, but I'm not really sure if it is right. I also copied the letter to my local branch. The address I got a reply from is listed in my first post, the Retail Regulatory Risk dept.

 

Hope this helps,

 

Roger

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The head office is St Andrews Square but the Retail Regulatory Risk department is that first address, I think they're based out that their new complex out near the airport.

Royal Bank of Scotland - settled

 

seaweasel is not a lawyer

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Rog...you and I are at exactly the same stage and with the same people, it will be interesting to keep tabs and see how things progress. How much are you going after them for?

1/9/06 RBS claim #1

8/11/06 - claim settled

17/11 claim #2 started - incl creditcard

30/11 - CC statements received

31/11 - Prelims issued - RBS paying up, only M/C to go)

 

If any of my advice/ info has been helpful, please click the scales:D

 

Please also remember that any advice is given from my own experience and in good faith as a lay person. If in doubt, please contact a qualified professional:)

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Weej

I a

RBS

13/10 - Prelim sent, 19/10 - Sod Off letter recvd, 27/10 - partial offer received, 27/10 - rejection letter sent, 3/11 - SETTLED IN FULL

Cheltenham & Gloucester (ERC's)

21/11 - Prelim sent, 26/11 - sod off letter recved, 2/12 - LBA sent, 10/12 SETTLED IN FULL!!

 

 

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I am at the same stage as you, I just sent my prelim today, I sent one to Regulatory Risk in Edinburgh and copied one to my branch. I also copied Litigation in London as someone suggested to do this also.

Will be keeping an eye on yours too!

Where did you send your prelim letter to?

Alison

RBS

13/10 - Prelim sent, 19/10 - Sod Off letter recvd, 27/10 - partial offer received, 27/10 - rejection letter sent, 3/11 - SETTLED IN FULL

Cheltenham & Gloucester (ERC's)

21/11 - Prelim sent, 26/11 - sod off letter recved, 2/12 - LBA sent, 10/12 SETTLED IN FULL!!

 

 

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Hi Everyone,

 

Thanks for all your replies. It will be interesting to compare notes on how things are developing. The first letter I sent was the SAR and I sent it to the St Andrews Square address. I have now written back to Retail Regulatory Risk pointing out that I did include a cheque to cover the fee. In fact they now owe me £5.00! So I am still waiting for my statements.

 

I intend to wait until roughly a month has passed since my initial letter and then send them a reminder of how much time they have to comply with my request.

 

Do keep me up to date with your claims.

 

Good luck!!!

Rog

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A similar thing happened to me with me regarding fees; I sent a cheque for £5, they debited £5 from my account, they credited £5 to my account and finally cashed the cheque. If you haven't heard anything after a week or so you can always give them a phone and see if it's being processed. After the inital confusion when the branch lost my request and it finally got to the right department, I got my statements fairly quickly and they were quite helpful when I phoned them to make sure it was in hand.

Royal Bank of Scotland - settled

 

seaweasel is not a lawyer

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I just phoned my branch and asked for copy statements for both my account and gave the dates over the last 6 years that I did not have copies of. I was informed the charge would be £5 per account regardless of the pages, totalling £10! When I checked my internet banking, they had taken £10 from my own account and £25 from my joint account! I don't think so!!!!

I phoned the branch and they refunded me £25!

I received the statements within seven days.

Hope this helps.

Alison

RBS

13/10 - Prelim sent, 19/10 - Sod Off letter recvd, 27/10 - partial offer received, 27/10 - rejection letter sent, 3/11 - SETTLED IN FULL

Cheltenham & Gloucester (ERC's)

21/11 - Prelim sent, 26/11 - sod off letter recved, 2/12 - LBA sent, 10/12 SETTLED IN FULL!!

 

 

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Hi,

 

The lastest for me is that the bank has now charged my account £5.00 to send me the statements (I have now cancelled the orginal cheque I sent). So I am waiting for the statments to start my reckoning. Just looking through my account from Sept 1st they have made charges of £540!

 

I also wrote to my bank to ask for justification of their charges, but as yet no reply.

 

Rog

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Well the bank called me this morning to say that the £10.00 charge is indeed correct under Data Protection laws, and they will be cashing the cheque. However, they will also refund the £5.00 charge which was actually for a 'historic statement' request. Talk about the right hand not knowing...!

 

 

R

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My charges all came up a 'historic statement charge' and the best of it was they tried to charge me £35!!!! I was informed it was £5 per account and I have 2 accounts with them, soon sorted that one out and £25 was refunded, the bloody cheek!

They must know if we want copy statements, we are going to use them to claim charges back, why add more on than necessary! Hmph!!!

Good luck RogerR, keep us updated.

Alison

RBS

13/10 - Prelim sent, 19/10 - Sod Off letter recvd, 27/10 - partial offer received, 27/10 - rejection letter sent, 3/11 - SETTLED IN FULL

Cheltenham & Gloucester (ERC's)

21/11 - Prelim sent, 26/11 - sod off letter recved, 2/12 - LBA sent, 10/12 SETTLED IN FULL!!

 

 

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Hi Alison,

 

Yes they really try it on!!! They did at least refund my £5.00 charge, but haven't yet cashed the £10.00 cheque. In any case I did receive 5 packs of statements yesterday, so it took them 20 days to deal with it and send them out.

 

I had fun going through them, and calculated that they owe me £1740. I just need to check them again and then it's time to send in my claim. As you say, I'm sure they already know what I'm up to!

 

I'll keep this thread up dated. Any news on your claim?

 

Roger

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Still no word back from the infamous Mr McLean regarding the LBA I emailed him on Thursday!!! He would have received it Friday but it gives him 14 days to reply!!!

Watch this space!!!

Good luck with yours, keep me posted.

Alison

RBS

13/10 - Prelim sent, 19/10 - Sod Off letter recvd, 27/10 - partial offer received, 27/10 - rejection letter sent, 3/11 - SETTLED IN FULL

Cheltenham & Gloucester (ERC's)

21/11 - Prelim sent, 26/11 - sod off letter recved, 2/12 - LBA sent, 10/12 SETTLED IN FULL!!

 

 

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Received an acknowledgment of my email from Ross McDonald (Tommy happens to be on holiday until 30/10, must need it after all these emails and letters!!!!

RBS

13/10 - Prelim sent, 19/10 - Sod Off letter recvd, 27/10 - partial offer received, 27/10 - rejection letter sent, 3/11 - SETTLED IN FULL

Cheltenham & Gloucester (ERC's)

21/11 - Prelim sent, 26/11 - sod off letter recved, 2/12 - LBA sent, 10/12 SETTLED IN FULL!!

 

 

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I'm about to send off my claim. In the meantime the bank are still making chrages, £35 for card missuse as I overdrew by £28!. They now refuse to discuss charges with me and said this is because I have made a claim. So I had to point out that I haven't actually made a claim, just requested statments. However, they told me that the wording of the letter (SAR) under the data protection act now means that they are treating it as a claim. I write this just to warn everyone that as soon mas you send off the SAR letter, the bank are fully aware of what you are doing and their attitude to you changes considerably.

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You can add all the extra charges in your LBA, I am sure, also you can calim any additional charges if it goes to legal stage, I would send them an 'amended' statement of charges with your LBA.

Good luck

Alison

RBS

13/10 - Prelim sent, 19/10 - Sod Off letter recvd, 27/10 - partial offer received, 27/10 - rejection letter sent, 3/11 - SETTLED IN FULL

Cheltenham & Gloucester (ERC's)

21/11 - Prelim sent, 26/11 - sod off letter recved, 2/12 - LBA sent, 10/12 SETTLED IN FULL!!

 

 

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