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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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Sweetrevenge -v- RBS "The Sequel"


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"After the amazing story of success in the original thread whereby compound contractual interest was awarded without a fight from RBS, here comes the sequel - claiming for the last 6 years for my fiance's three accounts with 'em."

 

Just a brief recap: He had a current account, then a loan account, then a joint account. When he divorced he had to consolidate his loan and current account, leaving him permanently overdrawn :-x and incurring CHARGES. Can't wait, this should be fun. :D

Progress so far:

SAR sent 14 Nov 06

Response for 2 accounts received 4 Dec "can't find your other one"

Further request detailing 3rd account sent 6 Dec "identified from statements you sent me on 4th"!!! No reply. :-x

Letter before Action sent 16 Jan 07. No reply. :-x

N1 filled in 24 Jan to be filed at court 25 Jan 07. :D

 

WISH ME LUCK, I'M OFF AGAIN!

:lol: Sweetrevenge :lol:

Don't get mad - get even!

If I've helped you please hit my scales 'n' bump my rep!

 

RBS (My A/c) S.A.R - (Subject Access Request) sent /10/06, statements rec'd 20/10; Prelim sent 3/11/06, s*d off letter rec'd 20/11; LBA sent 28/11, Settlement offer rec'd 18/12

WON at LBA with compound contractual interest £607

 

RBS BF Account S.A.R - (Subject Access Request) sent 4/11, part response rec'd 28/11, further info sent 3/12 awaiting statements at 20/12, Sent LBA 19/01/07. Received all statements resulting in 3 claims, £1,278, £4,279 and £7,250(!) all with contractual interest.

 

 

This is now very out of date!!!!

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Christ, look out guys, get your claims in before SweetR bankrupts em :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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I'm only asking for some of their millions!!! ;)

:lol: Sweetrevenge :lol:

Don't get mad - get even!

If I've helped you please hit my scales 'n' bump my rep!

 

RBS (My A/c) S.A.R - (Subject Access Request) sent /10/06, statements rec'd 20/10; Prelim sent 3/11/06, s*d off letter rec'd 20/11; LBA sent 28/11, Settlement offer rec'd 18/12

WON at LBA with compound contractual interest £607

 

RBS BF Account S.A.R - (Subject Access Request) sent 4/11, part response rec'd 28/11, further info sent 3/12 awaiting statements at 20/12, Sent LBA 19/01/07. Received all statements resulting in 3 claims, £1,278, £4,279 and £7,250(!) all with contractual interest.

 

 

This is now very out of date!!!!

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  • 2 weeks later...

Quick update, N1 actually filed 1st February, deemed received on 4th so they have until the 19th to respond. I'm so bored waiting I'm considering starting the process again for the previous six years on my account, ho hum.:wink:

:lol: Sweetrevenge :lol:

Don't get mad - get even!

If I've helped you please hit my scales 'n' bump my rep!

 

RBS (My A/c) S.A.R - (Subject Access Request) sent /10/06, statements rec'd 20/10; Prelim sent 3/11/06, s*d off letter rec'd 20/11; LBA sent 28/11, Settlement offer rec'd 18/12

WON at LBA with compound contractual interest £607

 

RBS BF Account S.A.R - (Subject Access Request) sent 4/11, part response rec'd 28/11, further info sent 3/12 awaiting statements at 20/12, Sent LBA 19/01/07. Received all statements resulting in 3 claims, £1,278, £4,279 and £7,250(!) all with contractual interest.

 

 

This is now very out of date!!!!

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  • 2 weeks later...
  • 2 weeks later...

Ok we've had some progress. Having given them a total of 3 months in total to send BF's statements we were forced to put in N1 claim asking for an order for RBoS to release BF's statements plus damages amounting to costs of submitting claim at £87. RBoS had until 19 Feb to respond. They acknowledged service on 16th Feb and said they were going to defend all of the claim. (!)

 

On Friday last week (2nd March) we received a full set of statements for the third account. On Saturday we received another full set of statements!!! In the same post we received their "defence". Basically they admit being a bank, they admit BF having 3rd account with them, they admit everything we allege but say that they sent the bank statements requested on 27th February and that they have therefore complied!!!! and that they don't owe us anything. :o

 

Well I totted up the charges, and guess what? Seems they owe BF to the tune of £1,690.39 plus a small matter of unauthorised contractual interest at £5,557 :grin: (spread across two of the accounts, therefore two separate claims). Don't think I'll bother with the Allocation Questionnaire for 87 quid, what do you think?? :lol:

:lol: Sweetrevenge :lol:

Don't get mad - get even!

If I've helped you please hit my scales 'n' bump my rep!

 

RBS (My A/c) S.A.R - (Subject Access Request) sent /10/06, statements rec'd 20/10; Prelim sent 3/11/06, s*d off letter rec'd 20/11; LBA sent 28/11, Settlement offer rec'd 18/12

WON at LBA with compound contractual interest £607

 

RBS BF Account S.A.R - (Subject Access Request) sent 4/11, part response rec'd 28/11, further info sent 3/12 awaiting statements at 20/12, Sent LBA 19/01/07. Received all statements resulting in 3 claims, £1,278, £4,279 and £7,250(!) all with contractual interest.

 

 

This is now very out of date!!!!

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Good to hear you got them at last Sweet. Still bung the £87 for the claim on the N1 for them failing to supply under the DPA and that the deadline for the info was on the XX date.

RBoS

Settled At LBA £798

 

Barclaycard

Defence Filed, Waiting For Court Date

 

HSBC

LBA Sent 15-05-07, Still No Reply

 

Barclays

LBA Received 14-05-07, 2nd Holding Letter Sent To Me Stating Should Have Answer By 09-07-07

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  • 3 weeks later...

Received first offer letter today against first claim for £1,278. They've offered £600.48 so no interest included. Sending LBA's off for this and both other claims on Monday (see amounts on signature). From what I've read on other threads they are obviously trying to avoid paying any interest and hoping people will accept charges only. Well they've got another think coming with this lady!:-x

:lol: Sweetrevenge :lol:

Don't get mad - get even!

If I've helped you please hit my scales 'n' bump my rep!

 

RBS (My A/c) S.A.R - (Subject Access Request) sent /10/06, statements rec'd 20/10; Prelim sent 3/11/06, s*d off letter rec'd 20/11; LBA sent 28/11, Settlement offer rec'd 18/12

WON at LBA with compound contractual interest £607

 

RBS BF Account S.A.R - (Subject Access Request) sent 4/11, part response rec'd 28/11, further info sent 3/12 awaiting statements at 20/12, Sent LBA 19/01/07. Received all statements resulting in 3 claims, £1,278, £4,279 and £7,250(!) all with contractual interest.

 

 

This is now very out of date!!!!

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You are a legend Sweetrevenge! Your successful claim was the first I subscribed to when I joined this site back in Jan (seems like years ago!) You've got the bottle to see it through (unlike me, s**tting myself!) go get 'em, we're all behind you!

 

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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  • 2 months later...

OK look out I'm back on form!

 

Had a bit of a break while I got small matter of wedding sorted (only 7 weeks to go, it's actually more nerve wrecking than taking on the banks!!!!)

 

I'm looking to send RBS letter re LBA (all three of em) giving them 7 days to settle in full with contractual interest of course, then use the next week to fill in N1's.

 

Love to catch up with all my old mates on here - anyone remember me perhaps? How you going on? Let me know!

 

Cheers

Sweet

:lol: Sweetrevenge :lol:

Don't get mad - get even!

If I've helped you please hit my scales 'n' bump my rep!

 

RBS (My A/c) S.A.R - (Subject Access Request) sent /10/06, statements rec'd 20/10; Prelim sent 3/11/06, s*d off letter rec'd 20/11; LBA sent 28/11, Settlement offer rec'd 18/12

WON at LBA with compound contractual interest £607

 

RBS BF Account S.A.R - (Subject Access Request) sent 4/11, part response rec'd 28/11, further info sent 3/12 awaiting statements at 20/12, Sent LBA 19/01/07. Received all statements resulting in 3 claims, £1,278, £4,279 and £7,250(!) all with contractual interest.

 

 

This is now very out of date!!!!

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Hey sweet, been a while........

 

 

Probably best bet, though have they ever received LBAs from you? If not, I would probably stick to the 14 day deadline only due to the fact that should it go to court, the banks could try to show that you haven't been....you know I've forgotten the phrase it's been so long, but basically that you haven't given them enough time to resolve your claim.

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 T4FF, the LBAs went off 11 April, no response to any of them in all that time, so I think I'm being generous giving them another couple of weeks to respond. Started putting the N1s together anyway - can't hurt, can it!

 

Sweet

:lol: Sweetrevenge :lol:

Don't get mad - get even!

If I've helped you please hit my scales 'n' bump my rep!

 

RBS (My A/c) S.A.R - (Subject Access Request) sent /10/06, statements rec'd 20/10; Prelim sent 3/11/06, s*d off letter rec'd 20/11; LBA sent 28/11, Settlement offer rec'd 18/12

WON at LBA with compound contractual interest £607

 

RBS BF Account S.A.R - (Subject Access Request) sent 4/11, part response rec'd 28/11, further info sent 3/12 awaiting statements at 20/12, Sent LBA 19/01/07. Received all statements resulting in 3 claims, £1,278, £4,279 and £7,250(!) all with contractual interest.

 

 

This is now very out of date!!!!

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In which case you're being very generous giving them ANOTHER 7 days ;) Realise though this is probably more to give YOU a deadline to sort the N1s. Probably best, just to give them a final chance.

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 year later...

Hi everyone, been away for a bit (now that's what I call a honeymoon!!!!:wink:). Hope you are all fighting fit and enjoying the banks discomfort, for however long it may last. I originally posted this under Debt Collection thread but not getting much help - anyone here have a go?

 

 

I sent off two letters to RBS asking for copies of Credit Agreements in January 2008. Heard nothing more until a couple of weeks ago - can you believe it, nine months to respond!!:shock:

 

Can anyone please comment on the default comments in the text of their reply:-

 

"We regret to advise that the loan agreement has been misfiled [there never was one, and nothing was signed by hubby] and despite searching of our records we have been unable to locate it. Our record of the setting up of the loan has insufficient detail to enable us to recreate the agreement with the required degree of certainty this course of action requires. [Not a big surprise is it?]

 

In the circumstances we appreciate that under s.77 (4) of the CCA if you decide not to meet your obligations under the loan as they fall due we will be unable to take steps to enforce payment of the loan. However we consider that you should continue to meet your obligations under the agreement bearing in mind that the agreement isn't void, it remains valid and your continuing default will be reported to the credit reference agencies. S. 77 (4) only prevents us from pursuing recovery of the debt through the courts."

 

Grateful for any help you can give on our position.

:lol: Sweetrevenge :lol:

Don't get mad - get even!

If I've helped you please hit my scales 'n' bump my rep!

 

RBS (My A/c) S.A.R - (Subject Access Request) sent /10/06, statements rec'd 20/10; Prelim sent 3/11/06, s*d off letter rec'd 20/11; LBA sent 28/11, Settlement offer rec'd 18/12

WON at LBA with compound contractual interest £607

 

RBS BF Account S.A.R - (Subject Access Request) sent 4/11, part response rec'd 28/11, further info sent 3/12 awaiting statements at 20/12, Sent LBA 19/01/07. Received all statements resulting in 3 claims, £1,278, £4,279 and £7,250(!) all with contractual interest.

 

 

This is now very out of date!!!!

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