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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
      • 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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Osborne v Royal Bank Scotland **WON**


OSBORNE
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Hello All,

 

Just Been To Rbs Today With My Student Daughter To Try And Sort Out A Financial Mess She's Got Into Purely Through Absolutely Penal Bank Charges - Due To A Two Day Late Payment And Unbeknown To Her She Incurred Bank Charges. She Thought She Was Still Running The Account In Credit Until The Next Set Of Bank Charges Hit And So On. This Is Almost edited Agreed With Bank That We Would Work On Getting The Charges Reduced With Head Office But, So That No New Charges Would Accrue, An Overdraft Would Be Needed Which I Would Guarantee. Unbelievably They Said No. They Simply Want To Disadvantage Customers So That They Can Go On Fleecing Them. This Is An Account Run By Three Female Vet Students Who (should) Earn Decent Money In The Future, Will Want Mortgages, Savings, Loans, Business Facilities Etc... How Short Sighted Can They Be. Acting Graciously, Sensibly And Fairly Would Probably Have Net Them Thousands In The Future. Trying To Calm Down Tonight Before Sending The Prelim Letter Tomorrow. Plan To Send It To Tommy Maclean In Edinburgh. Any Help And Advice Greatly Appreciated.

 

Osborne

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Welcome to the site,I can understand your frustrations and anger,nevertheless have had to do a little editing.

Take plenty of time to read up.

Tommy has become something of a legend but he has a job to do and has vested interests just as you do towards your daughter getting these charges back in full.

Resist any temptations to have telephone or e mail dialogue leep things in writing !!

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi Martin,

Thanks for the message. New to all of this but was absolutely astonished by the RBS attitude. We were prepared to be reasonable but it's impossible. Don't they realise that their smugness just makes you more determined to get the money back.

 

Thanks again, calming down a both now!

 

Osborne

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Just thinking. When we went to RBS yesterday, among many things the young lady that dealt with us told us was that the charges were a penalty for using RBS money and a deterent. We explained that the charges arose due to timing rather than overspending and that the current overdrawn amount was less than the charges levied - i.e. the charges are the overdraft. However, they also refused to arrange a temporary overdraft on my daughter's account but guaranteed by me, so that no more charges are applied (apart from interest) during the time we are trying to settle the claim. Do you think I should write to the Bank detailing our meeting and include a copy of the letter with my preliminary letter.

 

It seems to me that if I'm claiming the charges are not really charges but a penalty and one of their staff agreed with me in a formal meeting, the case would be stronger.

 

What doe anyone else think?

 

Thanks for your help.

 

Osborne

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I think if you could get it in writing that the bank view these as penalties and a deterent rather than a charge for their costs, you would have a very strong point and it would help others immensely.. This could and would be used in any future arguments.

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Yes I agree,but theres very little chance of them putting this in writing in fact no chance at all.

They are not being over-generous by stating no further charges will be added during your dispute.......they know that you will continue to add them to your claim ;)

I am moving your thread now into your bank group ,where you will be best abled to view fellow claimers for help advice and co-ordinate your progress.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 6 months later...

Just to let you know that RBS have coughed up in full - £448. No problems went through the templates as explained here. Just prior to issuing court proceedings I e-mailed RBS (Sandy Watt) to ask if any progress had been made on my claim. Very swift reply stating it was being dealt with in line with agreed FCS (?) timescales. Found this to be that the Bank had eight weeks to respond to my initial letter. Agreed by e-mail to adhere to these "official" timescales. Chased up by e-mail 2 days before deadline and received a very quick response that a settlement letter was being prepared and would be with me shortly. It arrived two days ago! Thanks for all your help. Don't know if I'm right but I felt that being reasonable rather than confrontational in all letters and e-mails was beneficial. Thanks again. Good luck everybody. Pete. P.S. Could someone please move this thread to a "Won" file as I don't have the slightest idea how to do it.

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CONGRATULATIONS!!!!

:D :D :D

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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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