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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
      • 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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June v Rbos help


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Hi ive not been on for a while due to circumstances and ive been reading through the post tonight to get myself back up to date with the process, however im stuck and in need of help or a few questions answered.

 

Firstly i read that i can only claim back on 5yrs and not 6 or over? and also when im doing the spreadsheet i start from the earliest charge backwards? is this right?

 

Also on the statements there are some charges that look like royalties silver and gold as if im right they were £5 & £10 but there are some chgs to acc ..... and are for like £20 to £40 i know i cant claim for royalties but i dont think there are classed (bigger amounts) as royalties and wondered if i can claim for them?

 

Help is really needed as my brain isnt functioning right just now lol

 

June

Data Protection Act sent 27/06/06

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Hi just wondering if anyone can help me with my earlier questions as i want to get the ball rolling as soon as, due to xmas and money being on the tight side and would appreciate anyone giving me some input as to whether i will be making a idiot of myself if i go ahead with the info i have just now...

 

June

Data Protection Act sent 27/06/06

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Hi June

 

If you're claiming in Scotland, you can only claim back 5 years due to the limitations act etc. You can claim 6 years in england but you'd have to go through MCOL and have an address in England or Wales for correspondance, the amounts you can claim are also different. The maximum for the Scottish small claims is £750 (£1500 for a summary cause action) whereas it is £5000 through the english system for small claims (i think).

 

When you're sorting out the spreadsheets, list the earliest charges first. ie if your first claimable charges were taken on 12/02/02, you'd list this first, charges, say from this month, would be at the bottom of the spreadsheet. The spreadsheet works out how many days interest the bank owes you automatically.

 

Not too sure about the charges you mention, but if RBOS are anything like my bank, the charges relating to special services (monthly charge for gold customers etc) are usually deducted on the same date each month and are for the same amount, this may make the other charges on the statements easier to fathom.

 

I hope this helps, but if any info here is wrong, feel free to jump in and help!!!! lol

 

Good luck

 

lil_jo

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Hi Lil-Jo,

 

Thanks for getting back to me was beginning to think i was going to have to go into the blind but youve been my saviour. im glad i waited as i was going to try and claim back for the 6years and would have done it ar*e from elbow on the spreadsheet. I had known about the £750 in Scotland, pain in the bum though eh.....

 

The monthly amounts were on roughly the same dates thats why i wondered but i didnt think that i would agree to pay £40 a month for a royalties thing, then there are different amount, to be honest i will prob keep these out and claim for the amount which i think is roughly about £750 anyway, though its not a lot compared to what some folks are claiming its still better in my pocket as after all them applying the charges has meant me having debt problems and having a default against my name, now it wont only be them it will be other companies also.

 

Just to clarify one more thing (sorry) and thats i dont add the 8% on just yet unless i need to take them to court? i just send in the letter wanting money and the breakdown of how i got the figures?

Data Protection Act sent 27/06/06

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you have been a great help as thought i was never going to get a response ;-(, will get that done tonight and away first thing in the morning, will have to look up the address for this one or might send to the local bank and they can forward on for me.

 

Thanks again June

Data Protection Act sent 27/06/06

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being a pain again but looking on the faq's for my letter saying i want the money back and it quotes in the letter

 

"What I require

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX .

I enclose a schedule of the charges which I am claiming with this letter"

 

does this now mean i show them on the spreadsheet the amount with interest in the off chance(aye right) that if they dont comply

 

June

Data Protection Act sent 27/06/06

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Hi June,

 

The spreadsheet is added to your prelim letter and sent to the bank. At this stage, the only thing you are reclaiming is the charges themselves, so unless you are going for the contractural compounded interest, leave the 8% interest off untill you reach the court stage.

 

Send the letter to them by recorded delivery, it'll cost about a pound, but you have peice of mind that they've rercieved it --- then sit back, relax and wait for a) an very nice letter from them telling you to keep banking :rolleyes: , or b) 14 days to pass before you send your LBA.

 

GOOD LUCK!!

 

lil_jo

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