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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
      • 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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georgel vs BOS ****WON*****


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Hi,

 

Send your LBA. Stick to your timetable, they will do everthing they can to delay and put you off. Its your cash, claim it back.

 

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.

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RIP: Rooster-UK - MARTIN3030 - cerberusalert

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  • 2 weeks later...

Hi,

 

Wait until you get to court stage. You can claim Summary Cause, this lets you claim up to £1,500 at a time, would save you a lot of time.

 

 

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

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  • 2 weeks later...

i sent my LBA they sent back a letter saying to wait an answer by 15/03/2007.

I don' t think so!

I want to claim in court.As i'm in Scotland,i would like to know when i claim at small claims,£750,do I add the interest to this amount or all the amount including interest should be £750.

Can you please tell me what forms do i need?

thank you

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i just phoned customer relations,and they told me they are waiting for my statements and can't make an offer.

their 14 days are up on friday ,after my lba,should i wait for a response by 15 march or should i just go to court!:mad:

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Sorry I had to start a new thread but nobody seems to answer to my post.

My LBA is sent,14 up tomorrow ,i decided to phone Cutomer relations to inquire about my claim,hoping for an offer,i just got they,ve got 8 weeks to answer and they can,t do anything about it just to wait until 15 march.

I just wrote another letter tonight as an atachment to my LBA,because most of the charges are related to benefits i receive and its illegal.

Should i send this letter to see if they speed up or just go to file in court and not waste time!!!!!!!!

Very angry at the moment:-x

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does anyone have a valid email adress for bos customer relations?

if i claim in court what adress should i write?

mybe just my branch adress?

Till now i sent the letters to rosyth adress.

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georgel,

best thing to do is contact them & ask if they have a central mailbox, as for the claim, use the Branch Address, if they disagree they can amend- I think, see if anyone else offers help!

AB123uk

 

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hi there!!!!

Did anybody got money back from BOS after LBA?

They seem to really mess people about!!!!

The 14 days after my LBA are up,not answer,phoned them ,been told to bug off.

On friday i sent another atachment to my LBA stating exactly the charges they took from my benefits,as i found it's against the law,and i gave them further 7 days!

Did i do the right thing?

My claim is for 3500 and because i'm in scotland i have to split it!

I read that some courts don't allow more than 1 claim sometimes!

Is it true?

To be onest i'm quite worried about court and i really want this money before!

Any advice ,pleaseEeeeeeeeeeeeeeeeeeeee!

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Hi Georgel

 

Do you have an address you can use in England? By that I mean friends or family. I used my friend's address in Norwich as the correspondence address and filed the claim on MCOL. There is a link if you look under helpful external links.

 

I claimed for the whole lot ie £3373 and it came through before going to court. You have to pay the fee though with MCOL as they dont let you not pay because you are on benefits.

 

I recommend that you do it this way as you will get your money quicker. You get the fee back anyway so it wont be wasted. It is £120. If you need help with the claim just pm me and I will give you a note of what I stated in the claim part.

 

Hope this helps

Gemspan

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i'm at going to court stage!still no answer from BOS!

Can anyone give me some advice on this ,please!

In dec -jan i got some charges ,then i phoned the bank and gave them hell,they refunded some of them,and the lady said she will put notes in my account,no more charges refund.

Do you think this may affect my case in any way?

:confused:

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Hi gorgel

I am also at the court stage with BOS. I filed at the local Sheriff's court on March 2nd, apart from the standard response to complaints I havent heard anything. From reading previous threads it would expect to get some kind of offer before the return date, however if not I've gone this far and will continue. With regards to 2 claims i have had to split mine (at court stage) and ivo some cases failing on 2nd claim I decided to split my amounts pre and post merger, that way I felt I would be able to counter the "i knew about all the charges before I started action" with this - who knows if that will work. All I can say is everything here shows we will get our money and however annoying it is we just have to be patient.

:-|

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forgot to say, don't worry about "no more refunds" that is a note to other cso at the bank not to do further refunds on the account. I think they are only allowed to refund charges (when you phone the call centre) on one or two occasions. This will have no implications when you go to court or if they contact you with an offer.

:-|

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If you use an English address for a Scottish claim, do the banks not question why you've moved house? Also what correspondence is sent to this address?

Thanks

RBS

13/10 - Prelim sent, 19/10 - Sod Off letter recvd, 27/10 - partial offer received, 27/10 - rejection letter sent, 3/11 - SETTLED IN FULL

Cheltenham & Gloucester (ERC's)

21/11 - Prelim sent, 26/11 - sod off letter recved, 2/12 - LBA sent, 10/12 SETTLED IN FULL!!

 

 

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Hello there

 

The correspondence address for the court is the English address. The claim address (for you!) is your own address.

 

The court sends confirmation to the address in England and would also send a copy of the Defense if one were submitted. So, it makes sense to have an address in England of somebody you can trust to give you the information timeously so that you can act on it.

 

I hope this makes sense.

 

Kind regards

Gemspan

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Thanks for the help.

If you are using an english address but live in scotland., what court do I use?

Thanks

RBS

13/10 - Prelim sent, 19/10 - Sod Off letter recvd, 27/10 - partial offer received, 27/10 - rejection letter sent, 3/11 - SETTLED IN FULL

Cheltenham & Gloucester (ERC's)

21/11 - Prelim sent, 26/11 - sod off letter recved, 2/12 - LBA sent, 10/12 SETTLED IN FULL!!

 

 

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Thanks

I am using MCOL, but it asks for a court in England or Wales, and I live in Scotland, what do I put there?

Cheers for all your help!

RBS

13/10 - Prelim sent, 19/10 - Sod Off letter recvd, 27/10 - partial offer received, 27/10 - rejection letter sent, 3/11 - SETTLED IN FULL

Cheltenham & Gloucester (ERC's)

21/11 - Prelim sent, 26/11 - sod off letter recved, 2/12 - LBA sent, 10/12 SETTLED IN FULL!!

 

 

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Hi

I am in scotland but going to use mcol with an english addy through Londonpresence.com fo £20.00 pre month who will forward all mail up to my scottish addy and the court i am going to use is in Carlisle just inside the english border so if i have to go to court it wont be as far to travel and is miles away from Halifax/bos head office har har har court addy is

Courts Of Justice

Earl Street

Carlisle

Cumbria

CA1 1DJ

hope this has been some help

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Great, I'll do the same.

Thanks

Alison

RBS

13/10 - Prelim sent, 19/10 - Sod Off letter recvd, 27/10 - partial offer received, 27/10 - rejection letter sent, 3/11 - SETTLED IN FULL

Cheltenham & Gloucester (ERC's)

21/11 - Prelim sent, 26/11 - sod off letter recved, 2/12 - LBA sent, 10/12 SETTLED IN FULL!!

 

 

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What BOS details are you using?

Alison

RBS

13/10 - Prelim sent, 19/10 - Sod Off letter recvd, 27/10 - partial offer received, 27/10 - rejection letter sent, 3/11 - SETTLED IN FULL

Cheltenham & Gloucester (ERC's)

21/11 - Prelim sent, 26/11 - sod off letter recved, 2/12 - LBA sent, 10/12 SETTLED IN FULL!!

 

 

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