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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
        • Like

alanfromderby v Bank of Scotland ** SETTLED **


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No at 15%.

 

If I didn't wish to remain as a customer then I would go for the unauthorised rate. I have never been 100% happy with going for the larger percentage as I feel that a judge may feel it is one step too far...especially since part of the legal argument we are using does involve agreement that we have breached the contract.

 

Whilst I would be happy to argue that point against a company that I did not want to maintain an on-going relationship with, I would rather not push this to the point where BOS can cite any unreasonableness on my part.

 

 

 

 

 

 

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No at 15%.

 

If I didn't wish to remain as a customer then I would go for the unauthorised rate. I have never been 100% happy with going for the larger percentage as I feel that a judge may feel it is one step too far...especially since part of the legal argument we are using does involve agreement that we have breached the contract.

 

Whilst I would be happy to argue that point against a company that I did not want to maintain an on-going relationship with, I would rather not push this to the point where BOS can cite any unreasonableness on my part.

 

It isn't unreasonable as they charge the same amount to you in similar circumstances. Just my 2 pence.

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That's fine - and provided you are happy to argue you position in front of a Judge then great.

 

I would certainly agree that there is a legal argument to justify that the u/r could be applied, but personally I feel it is pushing the line of reasonableness just a little bit too far when you have already admitted to breaching the same contract on which you are basing your claim.

 

 

 

 

 

 

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That's fine - and provided you are happy to argue you position in front of a Judge then great.

 

I would certainly agree that there is a legal argument to justify that the u/r could be applied, but personally I feel it is pushing the line of reasonableness just a little bit too far when you have already admitted to breaching the same contract on which you are basing your claim.

 

I get your point, but I fail to see much difference in rationale in claiming either the authorised or unauthorised interest rate. Do you see?

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The Governor & Company of the Bank of Scotland have decided that they should throw in the towel - although of course, they do not admit liability!

 

They have only paid the section 69 interest, but as I wish to maintain a working relationship with them I have decided to accept their offer of £1811.15 as full and final settlement.

 

Just for the record, they filed their acknowledgment with intend to defend at the same time as sending the settlement offer.

 

 

 

 

 

 

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Congratulations Alanfromderby.

With All the towels they've been throwing in lately they must be going on holiday too. Enjoy yours

Im hoping i'll be a couple of days behind you.

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Congratulations Alanfromderby

I will not be held liable for any advice/comments given... if in any doubt please consult professional advice.

 

HBOS Acc1 - Small Claim Filed 31/07/06 - WON -21/8/06 - MCOL -06/09/06 - WON 13/09/06

 

HBOS acc2 -Small Claim Filed 02/08/06 - WON 13/09/06 - Round 2 Prelim Letter sent 14/09.06 - LBA sent 27/09/06 - MCOL 16/10/06

 

HBOS acc3 Prelim Letter sent 14/09/06 - LBA sent 27/09/06 - MCOL 16/10/06

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  • 12 years later...

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

 

 

 

 

 

 

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