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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.
      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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Alicole vs RBS - CONCLUDED *WON


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After quite a few weeks of trying to get my hard earned pennies back from RBS they've filed a defence! Basically it says that i have no case whatsoever and that if i cant prove that their charges are illegal then they'll ask the court to strike the claim. They've asked me to fill out a request for further information. Must admit i'm a little nervous, but ready to fight til the death! If anyone can give me any pointers on how much info to give them at this point - my full case or just the info they've asked for i'd be very grateful. Also, do i send a copy to the court and when can i expect the allocation questionnaire from the court? Please help.

Ali

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All the account numbers, sort codes from which the charges were taken, dates of all charges (both of which i can supply) but then it asks for "all of the facts relied on in support of the contentions to the charges being unfair under the supply of goods act" (i used this as part of my claim on mcol).

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I would reply with the account info etc.

 

I would replay to the other question by stating that; should the court accede to the banks view that the charges are not a penalty but a service, you will be expecting the bank to provide evidence of the actual cost incurred by them in the supply of that "service", and, in the light of that evidence, that the charge the bank makes for that service is not "reasonable" as under the terms of section 15 of the Supply of Goods and Services Act 1982.

 

 

 

 

 

 

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Can I just ask if your defence came from Corbetts Solicitors up in Manchester?

 

If so then join the club, as we had a defence letter from them last friday (last day before we could apply for judgement, D'oh!)

 

Anyway they asked for the same info from us that they've asked from you so I'm glad someone has actually suggested a reply to their 3rd part of the defence!

 

btw how much are you claiming back off them?

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Thanks for that Alan, will definately use that.

 

The defence i received did come from Corbetts of Manchester. Am claiming back around £1800. Have been following Candice's thread and it appears she got her money back (they claimed that it was too small a claim to defend) so i guess that gives me hope??? They're a real shower of idiots making people go this far just to concede.

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received the court questionnaire this morning - which has been sent off with £100 fee(!!!)

 

looks like they really want to go to court!

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Help!!!

 

Received a letter from RBS' solicitors today - very clever letter saying:

 

"Our client considers that your challenge to its charges would fail in court. our client believes the charges are fair..blah blah blah blah...

Goodwill gesture of £1000" (my claim is for £1900 including court/court allocation fees) and that if i decline it then they will tell the court that i have declined a reasonable offer!

 

What should i do? I want all my money back, but will it hurt my case if i've declined an offer of settlement???

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It is not a reasonable offer - and they wouldn't be making it if they thought they would win. This is the start of the negotiations - time to hold firm.

 

Reply thanking them for their offer which you would accept as an interim payment only - you do not agree with their comments, and that your action will continue until they make full settlement of your claim, along with costs and interest.

 

 

 

 

 

 

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Thanks Alan,

 

it just seems bizarre that they started off the letter by telling me i had a snowball's chance in hell, then offer a goodwill payment. surely if they thought i'd lose they wouldnt offer a penny?

 

am definately sticking to my guns on this one

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My reply,

 

Thank you for your letter dated 23 May 2006. Your comments are noted, however it is my firm belief that the charges applied to my account are indeed illegal and I am happy to accept your client’s offer as an interim payment, however will continue with legal action until the full amount requested including interest and court fees (sum of £1936.02) is recovered.

 

Hope this is reasonable

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out of interest, will it harm my case if they court see that i have rejected an offer?

 

No - they have had plenty of time to resolve the matter before you issued the court action. You are right - they are wrong, it is not for you to compromise when the law is on your side. The judge would not expect you to settle for less than they owe you.

 

 

 

 

 

 

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By the way - they probably won't use it against you but use of the word "illegal" implies that they're committing a crime by charging you; a better word would be "unlawful" which implies that it's against the law but not a criminal offence.

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Its nice to know that there are other people at the same stage as me. How much are you claiming for mountainofdebt?

 

On hubby's behalf we're claiming £2130, plus interest plus court costs.

 

So in total about £2500.

 

Came home to a letter today offering a goodwill payment of £1200....with usual gagging conditions.

 

Hubby wants to accept but I feel that they are on the run and have offered a low amount to start off with.

 

Did your offer letter state that RBS/Natwest reject liability and that they reckon your claim have little chance of succeeding?

 

(Or what I'm really asking is, is this a stock 1st offer?)

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Just from reading around it seems to be what ALL the banks try first. Oh, and you don't have to accept any conditions... you'll generally find that if you write to them after a full offer saying "we accept your offer of £xxx in full and final settlement of our claim but do not accept any conditions on this offer whatsoever." the money is credited anyway.

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Mountainofdebt,

 

My letter came via the solicitors and by the sounds of it said exactly the same as yours! must be a standard letter used to try and scare people off - oh well, lets hope another more reasonable offer is forthcoming!

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hi Alicole. Any progress yet?

If you found this post helpful please click on the scales, top right. Thank you.

 

If you find this site helpful and if you reclaim your charges please donate by clicking the button at the top of the page

 

First Direct 1 - settled

First Direct 2 - settled

RBS 1 - claim made 8/5/6

RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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Hooray!!!

 

I got a letter from RBS' solicitor at the weekend with a big fat cheque attached for the full amount. The usual spiel of it would cost too much to defend blah blah blah.

 

They've also stipulated conditions that i not tell anyone about the payment, which i am about to write back and say 'thanks for the cheque, but forget about the conditions'

 

Finally!! Thought they would never give up!!

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