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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 
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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.
      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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The Chase Begins


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Found this site only last weekend and have spent the past week putting together a case against RBoS. But I could do with some help on a couple of points.

 

1) in either the FAQ's or a thread, it was mentioned that in Scotland the period for claims is 5 years rather than 6 years. Can someone help me out and confirm this either way?

 

2) on the front page of all of my statements it explains the "Basis of Charge" -

as in

"The charge is based on a Maintenance Charge of £XX

Plus a fee of £XX

Service Charge be applied: £XX"

 

The first point would be is this the infamous "Maintenance Charge" itself that is apparently unlawful? Or is it finessed somehow by being included as part of a "Service Charge"? And second point would be - does anyone have any idea what the "fee" actually is. Or is this another "charge" which, since it apparently has no explanation for itself, is unlawful as well? I'm only asking because I have yet to include any or all of this "Service Charge" in the total I plan to smack RBoS with. Which is currently standing at a magnificent rip-off of £6,932 of my cash sitting in a Royalties Gold a/c.

 

A secondary point to that would be that in the course of the statement itself it also regularly comes up with

"Charge to (date) - A/C xxxxxx" but the figure doesn't always correspond to what I thought initially was this "Service Charge". Again the question would be should this "Charge to A/C ..." be included in the grand total that I plan throwing at them?

 

And finally many thanks to all the guys contributing to tackling these bandits. Like so many others, I have bitched about these charges but didn't actually realise there was recourse or help out there. I'll keep you in touch with how I go once I have finally put some numbers together, but in the meantime, many thanks and please keep the help coming.

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On the first point - yes Scotland is 5 years - although if your account is held in England then it would come within the English Court System.

 

The second point is a little more complex - but on the face of it I would say that it is just an attempt to try and justify the basis of the charge. However, if you pay a fee for having an overdraft - that is a service charge and cannot be reclaimed. If it is a penalty for going into o/d, or exceeding your o/d limit, then it is reclaimable.

 

If your account is subject to a service charge, as I would expect an account with the name "Rayalties Gold" to be, and they have lumped all the amounts in to one figure - then you would need to deduct that service charge.

 

Hope that clears it up. If you do need any further advice, or just have some progress to report, then please post to this thread.

 

 

 

 

 

 

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On the first point - yes Scotland is 5 years

Can't find that in a FAQ anywhere, can you provide a URL?

 

I see lots of posts from folks in Scotland having issued letters to claim back the last 6 years worth of charges.

Does this mean their letters are incorrect?

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really frustrating - because I found it last night shortly before I posted. And I've spent ten minutes now and still can't locate the sucker.

 

But it is there somewhere. Failing that, it's maybe on the Govan LAw site but I reckon it is here somewhere.

 

Thanks for the advice btw. I reckon what I am going to do is run with the total I have without this "Service Charge" detail for the time being. That in itself begs the question as to whether, if I am successful in respect of one period, I can actually return to it and claim more on it.

 

But at about 6 grand and counting so far, I just want to have some pay back to begin with.

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found the link - I think!! - and fluked it at that

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=92

 

It's referred to in the "quote box" from BankFodder and a useful contribution from the Govan Law Centre.

 

And still doing the sums and presently sitting at £8257.66. Looks like I could be having an interesting Easter Monday and once I'm convinced my maths has done its job, I'll be headed for a registered envelope and looking to nail these bandits to any wall of their choosing.

 

Once again - many thanks for the help and I'll keep in touch.

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Finally managed to get all the stuff together and highlightered the hell out of 5 years worth of statements and the letter went off this afternoon.

 

Couldn't believe it when I reached the final figure - of £7,716.92 including overdraft interest that these thieving bandits have managed to squeeze out of me. Or £8,457 if you add the previous (6th) year to it all.

 

And once that's sorted out, I can turn to the business a/c which has been shafted royally to the grand total of more than £9,000 over the same period.

 

And in the midst of all that, I managed to stumble totally accidentally across the fact that they've been stuffing my Royalties Gold a/c for 16.9% rather than the 14.9% that it should be on my Mastercard.

 

Now all I got to do is sit and wait for their response!!!!

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aye - that was one of the two word combinations that came to mind when the pocket calculator had got its breath back and divvied up the total. Really is an incredible figure.

 

I'll sure as hell let you know what happens - that's for sure!!!!

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2) on the front page of all of my statements it explains the "Basis of Charge" -

as in

"The charge is based on a Maintenance Charge of £XX

Plus a fee of £XX

Service Charge be applied: £XX"

 

The first point would be is this the infamous "Maintenance Charge" itself that is apparently unlawful? Or is it finessed somehow by being included as part of a "Service Charge"? And second point would be - does anyone have any idea what the "fee" actually is. Or is this another "charge" which, since it apparently has no explanation for itself, is unlawful as well? I'm only asking because I have yet to include any or all of this "Service Charge" in the total I plan to smack RBoS with. Which is currently standing at a magnificent rip-off of £6,932 of my cash sitting in a Royalties Gold a/c.

 

If you have a Royalties Gold account then you'll be charged £12 each month (this is the monthly fee for the services provided by Royalties Gold and no you can't claim these back as they are lawful) plus £28 maintenance fee for being over your limit (you CAN claim these ones back). So you'll see these two charges appear on your statement accumulated together as "service charge, £40.00" or words to that effect.

 

Hope that helps & good luck

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(Yes I work for a bank but am here to help! Please be nice to me! :))

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yeah - I took a swing at it and reckoned that it probably broke down that way and so in the calculation I finally made, I included only what was specifically described as a "Maintenance Charge". At the time I had just wondered whether of not the fact that it was in together under the umbrella of this "Service Charge" somehow made it a legit charge for them to administer.

 

Letter went in yesterday with "guaranteed" delivery before 1 pm today and I've given them 7 days to respond. I'll keep you in touch and many thanks for the encouragement and the help this site offers so far.

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Guest BlueRuby

What about referral charges? When I had an RBS account the referral charges only appeared on the statement not on the front sheet with the maintenance/service charges. Do they still do that and if so, have you included them in your claim?

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re-read what I wrote..and see what you mean wp. But actually I meant that I had only used the Maintenance Charge element of the "front page" to my calculations and didn't include Fee part of the Service Charge.

 

In all, what I've put together are all "Unpaid Items" and "Referal Charge" in the statements themselves to come to my total. And also the Overdraft "Interest" element when it appeared.

 

Bloody staggering amount of money when I put it al together. It'll be nice to get it back :)

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Just a quick post to say that RBoS reply came in today in response to my preliminary letter.

 

No great surprises in it. The usual bog standard form letter disagreeing with the claim and pointing out how terrifiically fair,reasonable and transparent they have been.

 

Interesting if nothing else that the reply seems to have responded at least to the OFT ruling and also uses the "OFT is in contact with us...." and how important it is that they "emphasise these discussions are limited to credit charges only". At least they are paying attention to what some people are saying about them.

 

LBA being put together now and will be sent off by Monday.

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  • 12 years later...

This topic was closed on 2019-03-08.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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