Jump to content


  • Tweets

  • Posts

  • Our picks

    • 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
      • 162 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

Bajillions vs RBOS


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6397 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I sent off my letter before action which was completely ignored, i gave the customer relations team a call to confirm receipt and ended up in a conversation with ross mcdonald about a refund, he said he would be very willing to discuss settling this out of court and if i could email him the chedule of charges. I did this and received an email saying he would reply in due course. This was on the 12th december. I waited until after xmas and had heard nothing, so i gave the customer relations team another ring, they said that ross was away due to a family grievance and that the issue would not be dealt with until his return, i said i was not prepared to wait and they said they would get someone to ring me back. Heard nothing. I called them again last thursday and spoke directly to ross who stated that, despite his enthusiasm to resolve the issue quickly during our previous conversation he stated that the policy is now no longer to settle ANY claims out of court. I tried to ask him about this as he was willing and i had been messed around by them for a month now. He then said "see you in court" and hung up. I immediately filled out the forms and will be taking them to the sheriff court tomorrow.

 

What i want to know is i started a seperate claim back in august which tommy mclean settled out of court, £1250. I have been charge £1080 in charges since august alone so i have decided to issue a claim for £1420 which is the charges since the last settlement and the remainder of the previous claim.

 

Is it £39 tomorrow when i take the forms up? Can i write a cheque for it?

 

I also would like to know what is likely to happen as i am a bit confused as to the procedure after the court proceedings have started and i'm not very good with legal speak rtc, any help will be appreciated. Thanks

Link to post
Share on other sites

Hi,

 

Yes you can write a cheque for the £39.00. I take it your in Scotland and going to your local sheriff court ? After you sudmit your papers, the court will then write to you with a return date and a calling date (the day you go to court). BOS phoned me on my return date and offered me the full amount I was claiming plus my £39 court fee and interest.

 

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.

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

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Link to post
Share on other sites

summary cause is limited to £1500.

 

i took my forms up today but unfortunately i sent the bank the schedule of charges so didn't have them, its going to take another 40 days and a SAR to get the rest :mad: i also wasn't aware that you had to pay a sheriffs officer to serve the papers when making a claim at summary cause level.

 

Feel a bit rubbish and close to giving up. Basically back to square one now

Link to post
Share on other sites

Hi, don't give up ! that's what the banks want. I've mucked up my court forms a number of times and yes i've felt exactly the same as you. Just this morning I had to phone the sheriff court because I had put the wrong date when I used the Unfair Contracts Act, I put 1997 instead of 1977 !

Phoned the court today and I have to go in tomorrow to change the date.

Just have to scribble out the 1997 and put in 1977, easy peesy.

 

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.

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

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Link to post
Share on other sites

Managed to find charges to make up the rest of the claim. letter should be delivered to the bank on monday :)

 

Does anyone know if it will make a difference that i've had a refund before? tommy mclean refunded £1250 to me but im due around £3000 in total and im claiming for 1455 this time round through the court

Link to post
Share on other sites

Hi, I've also had a refund before, but will still be claiming another 4 times to get all my charges back. Did you sign anything when you accepted your first refund ?

 

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

Link to post
Share on other sites

Sorry, yes I think your right.

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

Link to post
Share on other sites

Must disagree, it is always possible to waive your right to make a claim which you would otherwise have. This is done all the time in settlement of legal actions. Should you agree to waive a right (normally to receive an agreed settlement figure), the question will then be whether your agreement has been vitiated by some error as to what you were agreeing to and which error was induced by the Bank through fraud or misrepresentation.

Link to post
Share on other sites

Got the paperwork back from court today. Hearing date set for march (i won't say when, dont want Rbos to figure out who this is and monitoring the case too much)

 

So the bank should be served soon, then the ball is in their court (pun intended)

Link to post
Share on other sites

Hi, I've got 2 claims up in March. Keep me posted when you hear anything.

 

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

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...