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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 
        • 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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TonyB v RBS Advanta **WON**


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Sent 14 day claim letter and just received standard stalling letter from Mint saying they need more time and sending me leaflet about complaints and the ombudsman! They say they will contact me within 10 days, which is just about within the 14 day period anyway. Should I ignore letter and let clock carry on ticking or respond?

 

TonyB

MINT / RBS Advanta

SAR

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As many people have already posted "work to your agenda not the bank's"!

 

Just started my own claim against RBS - how long did it take to get the statements through?

MBNA - S.A.R sent 17/11/06

CitiBank (Credit Cards) - S.A.R sent 17/11/06

RBS Advanta - S.A.R sent 17/11/06 Response received 30/11/06

Lloyds TSB - S.A.R sent 17/11/06

 

To follow... Mint... Egg... Marbles...

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Sent for my statements on 18th October and they sent them on 6th November. Then sent claim letter claiming back £215.00 unlawful charges on 13th November and received their stalling letter dated 16th November. I don't know wheter to ignore it and let the clock tick down or reply restating the original 14 day period.

MINT / RBS Advanta

SAR

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Received letter from Mint today 21st November stating that they "do not agree any refund is due ...trust my explanation clarifies our position". Well it certainly does. Letter before action sent today.

 

Why do they waste so much time when they must surely know that they have to settle in the end! I suppose another 14 days of keeping our money is worth it to them in interest.

MINT / RBS Advanta

SAR

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Received letter today from Senior Customer Advisor in response to my letter before action of 21st November:

 

- " We are curently reviewing this issue and will contact you again within two weeks to let you know how it has ben resolved, or at least to let you know it is progressing. For any further enquiries please contact the above number where a memebr of the team will be willing to assist. Thank you once again for bringing this matter to my attention."

 

What nice people!

MINT / RBS Advanta

SAR

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  • 2 weeks later...

Just received settlement of full amount from Mint! Total claim £215.00 (Excluding contractual interest which I understand I could have claimed). Usual stuff in the letter about not accepting OFT's legal position and full refund's not being policy etc.

 

SAR sent 18th October

Acknowledgement received 24th October

Statements received 8th November

Claim sent 13th November

Acknowledgement received 17th November

Rebuttal of claim received 19th November from Lee Butler (Customer Care Team)

LBA sent 21st November

Acknowledgement received 25th November

Full refund received 5th December

 

Thanks to all on the site for help and support. Contribution on its way.

MINT / RBS Advanta

SAR

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