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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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In scotland - claiming via English courts.


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you're supposed to serve the summons on their registered office, which for both these banks is in Edinburgh.

I did a google for registered office for Bank of Scotland (Halifax), and it gave me:

 

The Wharf, Neville Street, Leeds, LS1 4AZ

and

Trinity Road, Halifax, West Yorkshire HX1 3RG

 

So, does this mean I can ask for more than £750 by sending to the nearest court of one of these 2 addresses, even though my branch is in Scotland, and so am I?

 

 

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I did a google for registered office for Bank of Scotland (Halifax), and it gave me:

 

The Wharf, Neville Street, Leeds, LS1 4AZ

and

Trinity Road, Halifax, West Yorkshire HX1 3RG

 

So, does this mean I can ask for more than £750 by sending to the nearest court of one of these 2 addresses, even though my branch is in Scotland, and so am I?

 

 

 

Yes. Issue court proceedings against the Trinity Road address.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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This question arises time and time again. Please note that if the bank has an address in England then you simply raise a claim on Form N1 and send to the local County Court of the Bank's registered office. I did this with A&L, I live in Scotland but raised an action in Leicester. It is not difficult or complicated in any way.

 

Only problem arises if the bank is also a Scottish Bank.

 

Hope this helps any future occurences of this question. It took me months of going round in circles to find out it was this simple, so don't want others doing the same thing.

 

Thanks for this. Our claim will go in via Head office.

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I did a google for registered office for Bank of Scotland (Halifax), and it gave me:

 

The Wharf, Neville Street, Leeds, LS1 4AZ

and

Trinity Road, Halifax, West Yorkshire HX1 3RG

 

So, does this mean I can ask for more than £750 by sending to the nearest court of one of these 2 addresses, even though my branch is in Scotland, and so am I?

 

 

 

Note - we are also going back 6 years and not 5.

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This question arises time and time again. Please note that if the bank has an address in England then you simply raise a claim on Form N1 and send to the local County Court of the Bank's registered office. I did this with A&L, I live in Scotland but raised an action in Leicester. It is not difficult or complicated in any way.

 

Only problem arises if the bank is also a Scottish Bank.

 

Hope this helps any future occurences of this question. It took me months of going round in circles to find out it was this simple, so don't want others doing the same thing.

 

 

Sounds a stupid question but is Bank of Scotland a Scottish bank? my claim went through branch level to Head Office in Edinburgh against whom the small claim was raised, but the letter about the settlement came from Leeds.

I would be delighted if I could get the rest of my charges refunded in one fell swoop under the English system rather than having to repeat the small claims here in Scotland another 3 times.

Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr

Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.

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  • 1 month later...
Sounds a stupid question but is Bank of Scotland a Scottish bank? my claim went through branch level to Head Office in Edinburgh against whom the small claim was raised, but the letter about the settlement came from Leeds.

I would be delighted if I could get the rest of my charges refunded in one fell swoop under the English system rather than having to repeat the small claims here in Scotland another 3 times.

 

In the same boat. At least I have an english address though as I work here during the week. I think i might investigate this further, I have quite a large claim.

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Just throwing in another question into the mix, did I not read though that HBOS state in their T&Cs that Scottish Law will govern over any proceedings by or against them?

 

T

I will not be held liable for any advice/comments given... if in any doubt please consult professional advice.

 

HBOS Acc1 - Small Claim Filed 31/07/06 - WON -21/8/06 - MCOL -06/09/06 - WON 13/09/06

 

HBOS acc2 -Small Claim Filed 02/08/06 - WON 13/09/06 - Round 2 Prelim Letter sent 14/09.06 - LBA sent 27/09/06 - MCOL 16/10/06

 

HBOS acc3 Prelim Letter sent 14/09/06 - LBA sent 27/09/06 - MCOL 16/10/06

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  • 1 month later...

Is there a "friendly" english solicitor that could be used (for a fee) as an English postal address. They could just give an inital consultation, then forward all corrispondance to your Scottish home address.

 

Nice little earner for them, lot less hassle for uss Scottish folks - so worth the few quid?

 

Just a thought.

If I have helped click my scales....

 

Find my threads by clicking here

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Hi, just read this thread - have been away and not paying attention to the forums as much as normal.

 

I have always lived in Scotland and did have an account at the Bank Of Scotland for many years, until their charges became obscene and I switched accounts.

 

Last week I recieved a large cheque from Halifax Bank Of Scotland through suing them via moneyclaim online at their Halifax address. I was advised to try this by my Scottish based solicitor and it worked. The only problem I had was that I had to get a friend to act as an agent - ie let me use his house in York as a mailing address. Again I was told by my solicitor that this was fine, that as it was only a mailing address and my Scottish address was on the form anyway so they were purely acting as an agent - in the same way as a solicitor would.

 

I hope this is of help.

Smile £315 Paid In Full March 2006 (no court action)

MBNA £2600 Paid In Full May 2006 (no court action)

HBOS £5800 Paid in Full August 2006 (action raised but not defended)

Morgan Stanley £585 Paid In Full August 2006 (no court action)

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don't know if this is any help, but last week I sent my preliminary letter to BoS, PO Box 23581, Edinburgh. When i checked Royal Mail website it was delivered from Leeds sorting office! I phoned and was told that all BoS has redirection in for all mail with this PO Box to go straight to Leeds.

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So what court is the case heard in, if HSBC is in Leeds is that where case is heard, or to save travelling do we Scots lodge claims in Berwick on Tweed?

 

I live in Scotland and claimed agaisnt 1st Direct, based in Leeds. I have lodged a claim at Berwick upon Tweed. Which is my nearest English court. They were happy to accept my claim.

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  • 12 years later...

This topic was closed on 09 March 2019.

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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