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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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RBS Additions packages mis sold.


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Hey there,

 

 

i had this account sold to me 4 years ago.

I hadn't opened a bank account in the UK for some years.

I was not presented with a possibility of a free account at any time in the meeting.

 

 

I have never once used any of the packages or so called perks.

 

 

I complained to RBS they through it out, stating, "having previously lived in the UK i should have known that free accounts were possible to attain".

I didn't.

 

 

I then moved onto the Ombudsman, who have sided with the bank.

 

 

How can I take this further, it is simply not fair!

 

Any advice appreciated.

Thx

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There has been a lot of mis-selling of packaged accounts.

 

The main basis for reclaiming refunds on these account fees is that the package was sold on the basis of elements which were not suitable or not applicable.

 

An example of this might be household contents insurance when you are already insured for telephone insurance when you don't have a telephone et cetera.

 

I think that you need to let us know what the features of the RBS package were and then we can see if there is any way of moving you forward.

 

RBS are a nasty and dishonest bank and of course they have made a lot of money from packaged accounts – just like the others.

 

What exactly has the ombudsman said?

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The Ombusman via a phone call, basically just upheld the decision. Looked at the 'facts', which were actually opinions. I got a bit upset with him, because essentially he is siding with the bank, which therefore means I am telling lies. It's outrageous. They are sending written confirmation, when it arrives, I will post it. Can't recall the exact details of the package I was being offered. Bottom line is that I wasn't offered an alternative, and took this because i believed it to be the cheapest per month. I was naive, but I 100% was not informed of a free account.

thx for getting back so promptly.

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Then start off by sending an SAR to RBS and get all of the details.

You can't possibly complain about it if you don't know what you are complaining about. It is not surprising that the FOS is supporting RBS. It sounds as if you didn't present your complaint very effectively

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Would you mind if I posted a copy of the exact letter of complaint? You may be right, but i honestly believe the Ombudsman is trying to shift a backlog, and is not investigating thoroughly. Appreciate you responding.

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Hi there, i received the letter from the Ombudsman, would you mind if i uploaded it for your perusal. It is filled with so many suppositions, inaccuracies, and just factually incorrect statements. I really would like to appeal this. Just wondered if you had the time? Thanks.

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Is the decision from an Ombudsman or an adjudicator?

 

If a first tier adjudicator you have the right to refuse to accept, present any further facts and ask for an ombudsman to review your complaint

 

Please post up your complaint and the FOS reply

 

Have you requested the SAR yet?

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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  • 2 weeks later...
Is the decision from an Ombudsman or an adjudicator?

 

If a first tier adjudicator you have the right to refuse to accept, present any further facts and ask for an ombudsman to review your complaint

 

Please post up your complaint and the FOS reply

 

Have you requested the SAR yet?

Hi there, not sure what the SAR would achieve. The basic disagreement is that I wasn't offered an alternative (free from fees) account. I was in full knowledge of what they were selling me, they just didn't offer alternative, and i believed this is all they had on offer. Anyway I attach the letter sent from Ombudsman.
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The SAR narrative would have been very useful, as to how you opened and used the acc

 

You need to put forward salient effective reasons why the insurances were of no suitability

 

or you were already covered etc

 

Then ask for complaint to be passed to an ombudsman

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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The SAR narrative would have been very useful, as to how you opened and used the acc

 

You need to put forward salient effective reasons why the insurances were of no suitability

 

or you were already covered etc

 

Then ask for complaint to be passed to an ombudsman

It's already gone through to the ombudsman, and the reply is attached above. My gripe is that a lot of what the Ombudsman has 'guessed' is simply not factual. Let me recheck the SAR, not sure you get another crack at this. My legitimate complaint is that i wasn't presented with a free account option, but it seems that I am not being believed on this one. thx
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your letter was from an ADJUDICATOR, so presumably then you have asked for your complaint to be reviewed by AN OMBUDSMAN

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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So you are saying since that letter was written you have already had the final written decision from an ombudsman?

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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So you are saying since that letter was written you have already had the final written decision from an ombudsman?
You've lost me mate...the letter i attached was from the ombudsman or ADJUDICATOR (no idea why you put that in full caps, but i'll join in). The question i was asking in my first post, being unhappy with with i regard is an unfair ruling, can i take it further? Thanks.
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The adjudicator is only the first tier, before June 2 you had the right to refer his decision, and give extra facts, to an Ombudsman

 

for review ( ombudsman then makes the final decision)

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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The adjudicator is only the first tier, before June 2 you had the right to refer his decision, and give extra facts, to an Ombudsman

 

for review ( ombudsman then makes the final decision)

I didn't have time to do it before June 2, plus i think the fact that I waited around 6 months to even get that, I should be allowed a bit more time to retort. But i guess, and perhaps I haven't asked this clearly enough: can anyone offer advice as to the substance to which my further complaint can be heard properly, because so far, it seems to me that I would just be going back with the same facts, and disputing some of the adjudicator's retorts, some of which are just inaccurate? Thanks.
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