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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.

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      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
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    • 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.
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      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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Advice Needed since claim settled=more charges


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Hi everyone

 

It's been awhile... shortly after I settled with RBOS last summer I changed jobs with no cheeky internet access...! Can not believe how many success stories since then!

 

Well I have a question for you guys

 

I settled for approx £850 which at the time was 100% of my claim. However since that time I have accumulated approximately £350 more in charges, although not any recently.

I signed an agreement letter stating all future charges would stand, however before signing it I crossed all that out and initialled plus signature.

 

Do you think I have a chance to claim for all the charges since my settlement?

It isnt a HUGE loss, as I have gotten my act together charges wise. I am slightly worried they will close my account if I am successful, however this is not a huge deal as I have another account with Barclays.

 

also, whats the average timeline now from Initial Letter to Settlement?

 

Cheers everyone and congrats to any recent settlements!

 

 

-MissM

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Right I have looked around a bit and as far as I understand it, I have every legal right to claim for all money owed, not matter what I sign or how many times I settle a claim.

 

Anyone please correct me if I am wrong. I still have Tommy Mclean's emails in my inbox, should I just fire stuff straight off to him or do everything by hardcopy mail?

 

Emails seemed to work in my favour last time.

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Go for it. If you crossed it out then it doesn't count. I would email Tommy direct, forwarding your previous emails, explain the situation. Add "I realise you are dealing with a large backlog at present" and "it would save time and effort on both our parts if we could come to an agreement" or something similar and see what he says.

 

From what I read, he seems to be quite accomodating.

 

Otherwise, start the process again ;)

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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AHHHHHH!!! I was speaking to my other half about this last night and HE thinks that when we settled with cahoot we crossed out everything but when we settled with RBOS we just signed and sent back as we were so desperate for the cash (moving house, holiday ect:)

hmmmmm

Maybe I will just send the standard pre-lim to Tommy Mclean and see what happens.

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hmmm i spoke to a mate who is in the middle of a second claim for the same account, she seems to think I should do it, even if i signed the letter saying all future charges would stand. She is basically getting the same fob off and half settlement offers over again.

What I do want to do is draft up my own letter, stating that I am within my legal rights to claim again, however I have been googling all morning and can not get a clear answer as to whether or not I AM within my legal rights to claim again even if I signed a settlement Letter. Any advice would be appreciated!!!!!! cheers guys.

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I don't think the document RBS made you sign has any legal standing.

 

As I understand it from reading it in several threads is that nobody can require you to sign away legal rights. i.e. you are legally entitled to reclaim penalty charges and the RBS can't take that away from you...

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  • 2 weeks later...

HOLY SH*********************T!

 

Just had a letter back offering me lot as a full and final, same day I was going to send my LBA?!!!

OK, they have charged me once since i sent my prelim...need to send my agreement on the condition they give me that back tooo!!!

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edited

Telewest v RBS

[url]http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/61214-telewest-rbs.html[/url]

Telewest v A&L

[url]http://www.consumeractiongroup.co.uk/forum/alliance-leicester/61215-telwest-l.html[/url]

Telewest v Halifax

[url]http://www.consumeractiongroup.co.uk/forum/halifax-bank/63775-telewest-halifax.html[/url]

 

If I've helped - hit the scales and rate me!

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edited

Telewest v RBS

[url]http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/61214-telewest-rbs.html[/url]

Telewest v A&L

[url]http://www.consumeractiongroup.co.uk/forum/alliance-leicester/61215-telwest-l.html[/url]

Telewest v Halifax

[url]http://www.consumeractiongroup.co.uk/forum/halifax-bank/63775-telewest-halifax.html[/url]

 

If I've helped - hit the scales and rate me!

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HMMMM I am sort of at a loss as to what to say to them... i have sent back the letter saying I will settle for £324 however since my prelim more charges have been added, to a total of £514....

i dont want to sound like a ninny on the phone...

Uh I sent back a letter saying I would settle but actually disregard that as I want to claim for more?

 

Any ideas about what to say? Also does sandy watt's email work? I was thinking an email might be better, get it all in writing.

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Thank you for your letter dated February 6th 2007 regarding a settlement offer of £324, however I have incurred further charges since the date of my first letter, January 26 2007.

The new total I am claiming is £514.

I now relenquish the signed settlement letter returned to you, and am revising my claim to £514.

I look forward to hearing from you and to a resolution of this. I will wait for until February 19th as outlined in the letter dated January 26th then I shall begin a claim against you for the full amount plus my costs and without further notice.

THIS OK?

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The problem is that they have a signed settlement and that they will probably argue they have already paid you your settlement (I'd expect your money to go in as soon as they see this!).

 

I would give it a go, see what happens. I really don't know what they will do.

 

Why don't you include something along this lines of "I would like to point out that I this is my second claim against yourselves (previously reclaimed £xxx) and wish to make clear that should you refuse to increase your settlement, I will in the near future begin a new claim for the extra £190. I feel it would be in both our interests if this was settled sooner rather than later."

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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hmmmm... I was thinking its probably easier to just take the settlement now, start claim number 3. To tell you the truth I am not even BOTHERED about them closing my account as I have another one with Barclays.

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Well yes you could always do that! :D

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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AND I HAVE!!!

3rd claim here we go...

 

However not in the conventional sense..

Sent letter saying thank you very much for refunding me the charges on Feb 15th, however additional charges have been levied. This would now bring my claim to £xxx. Please refund me the difference within 28 days or its court time.

 

Be interesting to see if they do.

I think I may be the only person who has claimed twice, signed agreement twice, and yet gone back for more!

 

(have a really good parachute, therefore not worried.) :)

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Not sure if you have the ability to do so financially, but it may be worth your while closing your account yourself - a forced closure of your account affects your credit rating.

 

If you aren't in the red or are close to £0 it may be worth considering doing this. You don't need your account open to claim from them....

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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  • 1 month later...

And they have paid up once again. letter recd this am. New smile account all set up and ready to go. direct debits cancelled and moved to new account. this will pay off my o/d plus some... so consider this rbs customer gone! (they will probably be happy to see the back of me :) )

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