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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
      • 160 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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Seahorse v RBoS **WON **


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This is my first post on this site and i just wanted to say good luck to you. I have just sent off my request for statements and will be watching all threads for advice.

 

Like i say good luck to you and make sure you leave them with enough money to pay me after you have finished with them.:D

Coming to a pub near you !!!!!!!!!!!!!!!

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  • 2 weeks later...
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Well, Sandy's time is up as regards the prelim as of tomorrow. Banged a quick email off to ask if I might expect a reply in tomorrow's post, but Nada so far.

 

So. LBA time tomorrow. And with that in mind, I have an appointment booked with my solicitor in the afternoon to discuss the intricacies of Ordinary Cause. Oh, heck. Even typing it sounds expensive. I'm glad I'll be able to claim those costs back. :D

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Oh, well. No offer in the post this morning. Looks like I will need that new ink cartridge after all. My solicitor will want a copy of everything, although I think I'll just let him copy 10 years worth of statements himself :)

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OK, just been to see my solicitor. (Damn. Forgot to get ink.) Advice is, get my LBA off tomorrow (no ink for today, see above), and stick to my guns. He's well up for taking RBS on, and has warned me to expect a verrryyyy long drawn out battle in they decide to force me to take them down the Ordinary Cause road. So at least I know I'm in safe hands. Proper solicitor charging proper solicitors fees. Not one of the, gimme 25% and upwards, crowd. So all fees claimable then, thank God.

 

Want to settle now and save yourself a bit of grief and money Sandy? Watch out for my letter on Thursday, then. ;)

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  • 2 weeks later...

Well, at least somebody bothered to read my letter this time. Reply to LBA was the standard "claim being considered" crap, but at least it quoted by account numbers.

 

pp'd for Sandy by a Mr/Ms Squiggle, so I guess Sandy has at least one little helper now.

 

Are they genuinely snowed under? Or are they waiting for the OFT's report to come out? Either way, I ain't backing down.

 

Ho Hum. Waiting time again.

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Well, at least somebody bothered to read my letter this time. Reply to LBA was the standard "claim being considered" crap, but at least it quoted by account numbers.

 

pp'd for Sandy by a Mr/Ms Squiggle, so I guess Sandy has at least one little helper now.

 

Are they genuinely snowed under? Or are they waiting for the OFT's report to come out? Either way, I ain't backing down.

 

Ho Hum. Waiting time again.

I've had no reply to Prelim or LBA (14 days are up on the latter today)

 

Seems it's a bit of a lottery whether you get a reply before you start court proceedings....

 

I give it 'til Monday then I go to court.

Request for statements sent 1/2/07

 

Statements received 10/02/07

 

Prelim emailed and posted 15/02/07

Prelim email received 15/02/2007

Prelim letter signed for 16/02/2007

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Cheeky feckers!!!! I've just got this month's statements in this morning. And realised I'm being charged £3 a month for my overdraft loanguard payments.

 

All very well. Except, I haven't GOT an overdraft, and haven't had one for months. :(

 

Mr Angry is going into the branch on Monday to complain.

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Seahorse, I wait with baited breath! Any news?? I just visited your other thread regarding combining OC claims and was thinking of taking you up on the offer as i've just read about a case against Clydesdale getting booted out in Stirling on the abuse of process angle, she was on her 3rd Summary Cause :o (mine's RBS £17.5k inc CI) :D then I read about the FOS route, have you any developments/ news??

SM:p

Paying interest on a loan caused by penalty charges? Read this!!

 

Very useful A-Z here:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html?highlight=can%27t+find+what+you%27re+looking+for%3F

 

New strategy for Scots claims here:

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

 

Scottish procedure:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/42620-scottish-procedure.html

I am a layperson not a legal expert, my advice is offered without prejudice or liability, it is purely my opinion based on personal experience and should be treated as such. If in any doubt seek the advice of a qualified professional.

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Well, just popped in to see the very nice Holly, who will sort out the loanguard payments for me. And then I promptly asked for an overdraft anyway, as my wages are going to be a bit short at the end of this month. Cheeky or what?

 

Anyway, I have decided to give the FOS route a go too, although I reckon that I can forget about the CI if I do. No matter, if I get my charges back, that will suit me fine, even if 30 grand is a far more attractive figure. :D

 

I WAS going to give them 8 weeks from my preliminary letter before bashing off a complaint to the FOS, but I've just realised that I originally complained about their charges way back in December and got it logged on their system then, and I never got a final outcome letter from them. So I guess as soon as their LBA time is up, I'll be perfectly entitled to get my complaint off to the FOS then, if I haven't heard back from Sandy that is.

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Well, I have come over all impatient. Having first complained to my branch in December, I think I am well entitled to complain to the FOS. That would be the reasonable approach, yes? So if it does end up in court, the judge can see I've exhausted all avenues.

 

So. Complaint form downloaded from the FOS site, and filled in. I'll email Sandy in the morrow to let him know that I'm going down that route as a courtesy, and then I suppose I can just sit back and wait. Again. :)

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Having popped in to my branch yesterday to sort some stuff out, I realised I could probably do with a temporary overdraft this coming month. Unfortunately, as a responsible lender, they feel that I don't quite meet their criteria on this occasion. So I felt compelled to put together a wee letter back to my branch in reply...

 

The Royal Bank of Scotland plc

Mytown

 

c.c. Sandy Watt

 

 

Dear Margaret,

 

Re: Application reference xxxxxxxxxxxxxx

 

Thank you for your letter detailing the bank’s response to my application for a temporary overdraft. I was especially taken with your comment that I apparently “don’t meet the required criteria to complete my request.”

 

How fortunate then, that the bank does not seem to require that they meet any sort of criteria when conducting unauthorised borrowing from my account over the entire period that I have held accounts at the Peterhead branch.

 

I of course refer to the bank taking unfair and, in mine and other’s opinions, unlawful charges throughout the lifetime of my account. You will note that I did raise this as a complaint at branch level back in December, and have yet to receive a letter detailing WHY you have not been able to resolve my complaint. I refer you to your own complaints procedure as found at:

 

RBS: Tell us what you think - Our Complaints Procedure

 

You should also be aware that I have yet to receive any form of satisfactory reply to my escalation of this complaint to your customer relations unit in Edinburgh. As a result of which, I shall be writing to Sandy Watt today to inform him of my decision to now bring my complaint to the attention of the Financial Ombudsman Service

 

Bearing this in mind, you will understand why I feel particularly aggrieved that the lending between the bank and me seems to be particularly one sided at times, and especially at this moment in time where I now find myself in temporary financial embarrassment, despite the fact that it is my contention that the bank owes me several thousand pounds.

 

I have recently asked myself the question, who is the customer here?

 

 

 

Yours Sincerely,

 

 

 

Seahorse

 

 

Made me feel better anyway. :)

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Lol suppose it's better than hitting a wall. Poor margaret.

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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NOT smiling today after all. No offer in this morning's post. So unless I get an assurance by email this morning that it's on its way for tomorrow's post, my complaint to the FOS will be going into the postbox this afternoon, as promised. Otherwise I think I'll just keep getting strung along.

 

Attached my complaint form to this morning's angrygram just in case he thinks I'm bluffing. No more Mr Nice Guy. :mad: Time to bring back my RBS avatar.

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Well, seems poor Sandy's office is rapidly filling up with letters that he can't post cos they are "required" to pop some kind of leaflet in with the offers, and they don't have any leaflets until this week sometime. (By the sounds of it, he was less than impressed with the need to include the leaflets. Those are his inverted commas). But he did tell me informally that it's my second account that I will be getting an offer on. The amount looks suspiciously close to the charges going back 5 years only, with no interest.

 

Dillema time. I know I said I would probably accept if that's what I was offered, but I feel kinda aggrieved that they didn't try to reach some kind of middle ground.

 

Oh well. It's money I thought I'd never see again so it's all a bonus I suppose. Let's see what the offer is on my first account.

 

I can't help but feel I would have felt more able to chase for the full amount plus CI had I been able to go down the court route in England. But as it stands, I run too much risk doing this in Scotland. And I'm positive the FOS would only say that what they appear to be offering is reasonable, so there would be no point complaining to them either.

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No more Mr Nice Guy. :mad: Time to bring back my RBS avatar.

 

You know I've missed that....in fact I like it so much, I'm going to "inherit" it. Imitation is the best form of flattery and all that....hey I'm even giving up the dragon for it ;)

 

 

Anyway.....good news! Ok, not amazing news, but a success all the same. Well done matey ;)

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Hey, I haven't had it offishul yet. And only one account.

 

But it does look as if they're being realistic about things now though. And I'm sure Sandy won't mind if I share this with you...

 

I am sorry for this further delay in dealing with your complaint, I would

also like to assure you that this is not a 'delaying tactic' regarding your

complaint. The problems we are experiencing with the storage of all these

letters, means we will be pleased when these leaflets finally appear!

 

Oh, and the avvy is yours if you like it so much T4ff. I'll make me another one. Now what can I do with Barclaycard's logo, I wonder? :D

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Now what can I do with Barclaycard's logo, I wonder? :D

 

I'm sure you'll think of something appropriate (not!!!!) Seahorse!!! Seriously though, well done on getting some of your charges back. With you being in Scotland, I think you're right not to push for the CI for what it's worth........... it's a whole different ball game up in your neck of the woods!!!

 

So.......... in true CAG fashion............ CONGRATULATIONS!!!!!!!!!!!

Hedgey xxx ;)

Can't find what you're looking for? Please have a look at Michael Browne's

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I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

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Damn. You've found me. I suppose once it's in and cleared you'll expect wine with a CORK in it for dinner from now on. I dunno. Wimmin. Material Girl, and all that. :lol:

 

Mind you, I've still only Sandy's word for it that a letter exists at all, so until I have it in my sticky little mitts, I won't be celebrating. And probably not even until BOTH accounts are sorted.

 

So. Not won YET. But at least I think I can see light at the end of the tunnel. I just hope some killjoy doesn't switch it off. :D

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It would make sense to continue to progress your claim until you have the official offer. Ok you've got Tommy's word but you never know.

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Well, the limit I set originally applied to BOTH accounts. Only a couple of days to go, and then they'll be asked the same question regarding the first account. No reason why they shouldn't have worked on both spreadys at the same time, so no reason for delaying that one, as far as I can see.

 

So. I kind think the FOS will be getting a complaint anyway, unless they do something sharpish. :D

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  • 3 weeks later...

THIS is starting to get silly. Just emailed Sandy to ask what's happening. APPARENNTLY an offer was sent last week on my second account. STILL haven't got it, but strongly suspect that there is a world of difference between leaving a desk, and going through their post room. Waiting to hear back from the missus in case it's in this morning's post, but I'm not hopeful.

 

However, she did ask if she would be able to fax it!!! Why not 2 weeks ago when it was sitting waiting to be posted, but apparently needed some leaflets incuded!!! ARRGGGHHHHH!!!!!!

 

No fax at home, so I've asked if she can PDF and email it. Hmmm.

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HOORAH!! The missus has just emailed me to say an offer on one account has just popped through the letter box. A couple of hundred short, but I think I'll take it. Then I can afford to argue the toss regarding the other account as and when they make me an offer on that one.

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That's great news Seahorse- well done!!

SM:p

Paying interest on a loan caused by penalty charges? Read this!!

 

Very useful A-Z here:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html?highlight=can%27t+find+what+you%27re+looking+for%3F

 

New strategy for Scots claims here:

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

 

Scottish procedure:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/42620-scottish-procedure.html

I am a layperson not a legal expert, my advice is offered without prejudice or liability, it is purely my opinion based on personal experience and should be treated as such. If in any doubt seek the advice of a qualified professional.

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