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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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Business Accounts in Scotland - Correct legislation


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Does the Unfair Contract terms Act 1977 apply to reclaiming charges applied to a business bank account in Scotland ?

If not which is the correct legislation to go for the penalty charges.

The business account in question is for a "trading as" business and not a Ltd Co.

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  • 3 weeks later...

Hi, yes the Unfair Contract Terms 1977 does apply, thats the one of the one's I used when winning my claim against BOS back in October. Just sent my summary cause action today and have used it again.

 

Best wishes with your claim.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

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RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi all,

I noticed on one thread a chap had asked his bank to produce copies of signed loan agreements they have not been able to do so. The response was that if a bank cannot produce the signed copies of loan agreements the loan does not exist. My bank RBS have admitted that there are no copies of any of my "facilities" letters relating to increasing my overdraft.

Does this mean that the increases do not apply?

Can anyone answer?

Vicki

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  • 3 months later...
Hi, yes the Unfair Contract Terms 1977 does apply, thats the one of the one's I used when winning my claim against BOS back in October. Just sent my summary cause action today and have used it again.

 

Best wishes with your claim.

 

Scott.

 

Hi Scott

 

Just received a letter from Bank of Scotland telling me that I am unable to claim due to the fact that the Unfair Terms of Consumer Contracts Act doesn't cover account as it is a business account. Do you know if this is true or is it just delaying tactics.

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Why bother with the unfair terms of Consumer Contracts etc. Just go ahead with a summary case and don't mention what is not needed. I have done that and won have another case on the go and one for my son as well. KEEP IT SIMPLE IT WORKS.

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Hi, Dylanniamh.

 

With both my Court cases against HBOS on my Business Account, I used the terms.........the Unfair Terms in Consumer Regulations(1999) and the Unfair Contract Term Act(1997). I won both cases, one Small Claim and one Summary Cause. I have been told not to use the one about Consumer Regulations but it worked for me twice ?

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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  • 3 months later...

To Scott

 

Thanks for the advice. Cheque for £1790 from BOS on its way to my bank account. Had a lot of bother though. Claimed on Summary Cause the bank didn't show up in court therefore, I was awarded £1500 plus interest and expenses. Took out a decree and got Sheriff Officer to deliver to bank. 4 weeks later still no cheque so phoned them and on the third try said that I was about to send the sheriff officer out again next week but lo and behold first returned phone call was received yesterday requesting which bank account I would like the cheque to go to.

 

I would like to stress that the claim was from 1992 until 2002 and there was no mention of 5 year limit!!

 

Donation on its way !!

 

:p :p :p

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CONGRATULATIONS.!!!!!

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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