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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
        • Like

Tallchap v BoS ERC withdrawn


tallchap
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Hi all

 

Having exited a fixed rate tracker prematurely, I incurred the dreaded fixed % ERC. (Fixed at 4% irrespective of exiting on Day 1 or Day 1000.)

 

I've followed the Prelim and LBA approach for the recovery of ERC plus fees against a BoS subsidiary with no joy. The ERC and closure fee bring the amount, inc interest to £5,500 ish.

 

My question is, should I seperate the ERC (sub £5K) in a MCOL claim to ensure it stays small claim, and come back for the balance shortly after. Both would then be small claims court, limiting potential costs.

 

Anyone with any thoughts would be much appreciated

 

TC

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I'd be inclined to keep them seperate.

It's my thinking that you be better to keep them below the £5k thresehold if you can.

Halifax 1

WON - £1,355.49 21/07/06

MINT

WON - £273.81 14/09/06

First Direct

WON - £913.50 01/09/06

Capital One

WON - £130.13 03/11/06

Halifax 2

WON - £188.03 01/12/06

 

Kensington Mortgages ERC

MCOL for £6,204.39 Discontinued

Halifax Mortgage Admin fee

WON - £10.00

Direct Line Mortgage Redemption Fee

WON - £99.00

Halifax 3

MCOL for £109.01 reg 07/03/07

 

http://petitions.pm.gov.uk/redemptionfees/

Please sign this petition x

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Halifax 1

WON - £1,355.49 21/07/06

MINT

WON - £273.81 14/09/06

First Direct

WON - £913.50 01/09/06

Capital One

WON - £130.13 03/11/06

Halifax 2

WON - £188.03 01/12/06

 

Kensington Mortgages ERC

MCOL for £6,204.39 Discontinued

Halifax Mortgage Admin fee

WON - £10.00

Direct Line Mortgage Redemption Fee

WON - £99.00

Halifax 3

MCOL for £109.01 reg 07/03/07

 

http://petitions.pm.gov.uk/redemptionfees/

Please sign this petition x

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Brilliant.

Good luck - keep us informed how you get on.

Ellielou

Halifax 1

WON - £1,355.49 21/07/06

MINT

WON - £273.81 14/09/06

First Direct

WON - £913.50 01/09/06

Capital One

WON - £130.13 03/11/06

Halifax 2

WON - £188.03 01/12/06

 

Kensington Mortgages ERC

MCOL for £6,204.39 Discontinued

Halifax Mortgage Admin fee

WON - £10.00

Direct Line Mortgage Redemption Fee

WON - £99.00

Halifax 3

MCOL for £109.01 reg 07/03/07

 

http://petitions.pm.gov.uk/redemptionfees/

Please sign this petition x

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  • 1 month later...

mcol submitted. BoS entered a late acknowledgement which gave them a further 14 days stating their intent to defend. That 14 day deadline was missed as well. Judgement requested and given by default on line......

 

Anyone any ideas as to the next sensible way forward ?

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Give it a week or two if you've heard nothing go for warrant of execution. Don't contact them at this stage. If they apply to have the judgment set aside agree to it otherwise you will be liable for their costs and they will get the set aside in any event.

 

You might be lucky and they may just decide to pay out rather than go for a set aside. I've not had any dealings with BoS so not familiar with their tactics.

 

All the best

 

Zoot

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Hi tallchap,

 

Just stumbled accross your thread. I am in a similar position. I was granted judgement by default on the 8th of Jan against BoS and they still haven't paid. I haven't heard a thing form them either.......despite a phonecall.

 

Next stage is warrant of execution. Altho I need to get High Court Bailiffs due to the amount they owe me.......I'm finding it a little difficult to get advice right now tho!!

 

Check my thread. If you get any useful info please post and I'll do likewise!

 

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/26972-darren-bank-scotland-round-9.html

Darren :p

 

BOS - WON - £5.6k

------------------------------------------------

Virgin Mastercard - WON - £300

------------------------------------------------

Barclaycard - WON - £200

------------------------------------------------

Lloyds - WON - £1.6k

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Hi Darren

 

Can't really help much. Looking at Zoots advice this week it will be a forthnight since judgement was awarded against them for not entering a defence.

 

My claim is sub 5K (just), so I'm going to press the warrant via small claims and attempt to keep it all in one place.

 

This seems strange. We follow correct procedure, adhere to dates and requirements, which appear to be largely ignored by BoS....can't quite work out where the equal treatment comes in........I'm sure if I owed them 5K and they got judgement, it would be next to impossible for me to turn it around

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This seems to be happening frequently - I ran around like an idiot last week trying to get my disclosure list ready by the deadline - I got it sent on time only to be told they weren't even aware they had to send one & had not recieved a notice of allocation!!??

 

It frustrates me that they can get away with doing this - surely there's something that can be done about it? But what I have no idea.

Halifax 1

WON - £1,355.49 21/07/06

MINT

WON - £273.81 14/09/06

First Direct

WON - £913.50 01/09/06

Capital One

WON - £130.13 03/11/06

Halifax 2

WON - £188.03 01/12/06

 

Kensington Mortgages ERC

MCOL for £6,204.39 Discontinued

Halifax Mortgage Admin fee

WON - £10.00

Direct Line Mortgage Redemption Fee

WON - £99.00

Halifax 3

MCOL for £109.01 reg 07/03/07

 

http://petitions.pm.gov.uk/redemptionfees/

Please sign this petition x

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As I'm on a role, stupid question no.2.

 

Assuming I eventually get an allocation questionaire N149 (for sub £5K) in reponse to a belated defence. In section G do I need to use this area to rebutt the defence put forward; rebutt their potential 'request claim to be struck out' or just restate my original particalrs of claim.

 

I've seen zoots 'Response to request for claim to be struck out' thread. Do I need to put this in here, or is this for a later occasion ?

 

These questions may seem basic, but as I've now just arrived at the AQ statge are quite key for me now.

 

Thanks to anyone to repsonding

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  • 2 weeks later...

Morning to all on this snowy day.

 

I have a judgement (3 weeks ago now) - I've heard nothing at all from BoS. I have waited and waited for anything. Since that time when things were going swimmingly on this site..we've had a 180 degree about turn.

 

Even with this judgement is my best option to close it down now ?

 

Will BoS just apply for the judgement to be set aside if I hit the warrant button after 3 weeks ?

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Tallchap,

 

Check my thread...........I found myself in a similar situation recently!!!

 

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/26972-darren-bank-scotland-round-10.html

Darren :p

 

BOS - WON - £5.6k

------------------------------------------------

Virgin Mastercard - WON - £300

------------------------------------------------

Barclaycard - WON - £200

------------------------------------------------

Lloyds - WON - £1.6k

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Morning to all on this snowy day.

 

I have a judgement (3 weeks ago now) - I've heard nothing at all from BoS. I have waited and waited for anything. Since that time when things were going swimmingly on this site..we've had a 180 degree about turn.

 

Even with this judgement is my best option to close it down now ?

 

Will BoS just apply for the judgement to be set aside if I hit the warrant button after 3 weeks ?

 

An y thoughts ??

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