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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.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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      • 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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Kat v RBOS


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Ah sorted it now thanks. That was really annoying me!!! Another quick question, when putting in the charge information into the 'In respect of' column do you need to put it exactly as displayed on the statement?

 

e.g. I did this:

 

CHARGE FOR CARD MISUSE

 

should I have done this:

 

CHG CARD MISUSE

POS £42.00

 

which is how it looks on the statement?

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Yes it is a pain but best to give them no cause for complaints, without this info they may cause bother at court stages as there are no charges description, offcourse sometimes the statement itself says charges as notified CAN, i just reitterated this on my spreadsheet.

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Grrr I thought as much. I'll have to amend it then before I send it, I'm glad I checked now! I think I'll do it tomorrow now though its getting late.

 

Thankyou for your INSTANT help, much appreciated!

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42 quid for card misuse :o that is SHOCKING

 

Just checking, you know you can't claim back royalties charges??

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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In case you were still curious I just looked up that GTEE charge. Didn't find it on the RBS website, but Ulsterbank had this....

 

Guaranteed Card Payment - Payable when you informally request an overdraft by making a payment supported by cheque guarantee or Maestro where there are insufficient funds or insufficient unused agreed overdraft facility to meet to payment.

 

....I'd imagine it is the same thing for RBS? Basically means you have used a cheque guarantee / switch card to guarantee a payment when you didn't have enough money in your account to pay for it. I think that "Card Misuse" is the new narrative for this as that is what the Card Misuse charge is.

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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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Oh no its not that bad, the £42 was the transaction on the day - I think POS means Point of Sale? The charge was (only) £20. Which is still bad!

 

Thanks T4FF for looking that up for me, I think that's right, there werent available funds. It annoys me so much that they alow you to use your card when there aren't funds available! And then charge you, taking it to mean a requested overdraft! :mad:

 

Especially when they take so long to take a payment out of your bank. You use your card in the supermarket and what you spend doesnt come off your account for days, and when you check your balance in the meantime you think you've got money to spend and then they go and fleece you for card misuse!!! :evil::evil:

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Oh yes about the royalties charges T4FF - I dont think that applies to me, it's a student royalties acc, so I dont think there are royalties charges on the student one. There's no regular charge like that on my account. I have been charged £10 a month a lot but that was for going over my overdraft and it wasnt every single month so I've claimed for those.

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Ok I've finished my schedule of charges so I can send my prelim letter now. I originally decided that I didnt want to go through adding on the overdraft interest but am now thinking about it. How do I show that overdraft interest I incurred was solely from the charges they have levied against me? Does the spreadsheet work it out for you? I had an interest free overdraft for three of the last six years. In the last three years I have gradually paid more interest year by year, in 2005 I paid interest on £500 of my overdraft, in 2006, interest on £1000 and in 2007 interest on £1500. It might not even be worth bothering with?

 

What does anyone think?

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Yes you are correct, no monthly charge on the student accounts and I believe that student accounts can only be charged a maximum of £10 for most charges.

 

Assuming you are using a spreadsheet with interest columns on it, yes it will work it out for you. Difficult to say how much it will be worth without seeing figures. To give you an idea, I have a claim of £2700 against RBS and I think £500 was interest. Personally, for the extra 20 minutes it might take to put it together, even if it's £20 it's worth it!!

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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  • 2 weeks later...

Hi, sorry it's been a while but I have finally posted my prelim letter after having a horrible flu for the last ten days!! It went recorded delivery so they should receive it on Monday.

 

Thanks T4FF, but in the end I didn't work out the overdraft interest, it was interest free for three years and then I only paid interest on a proportion of it so I dont think it would be very much at all. I was eager to get it off aswell so I can get the ball rolling. The full amount I am claiming for is just over £1100 which will do me nicely!

 

I'm going to set up a parachute account on Monday as well as get rid of my rbs overdraft so that they cant swallow up my charges and cancel it themselves!

 

I'll keep you posted

 

Kat

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Good luck Kitkat83, but you wont need it. :)

05/03/07 S.A.R - (Subject Access Request) handed in at branch

Found missing statements at home !!!!

08/03/07 Prelim+ schedule posted rec del

22/03/07 :mad: No reply to prelim LBA posted rec del

05/04/07 :mad: 14 days and no reply to LBA, sent e-mail

27/04/07 :D Offered FULL SETTLEMENT £3375

03/05/07 Cash in bank account :D :D

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  • 3 months later...

Hi everyone,

 

As you can see form my thread I started my claim ages ago but it got interrupted by a stressful time of break ups and moving out and so I haven't done anything since my prelim letter. I'm settled now and thinking about sorting my claim out. I know it's really bad to have left it and not stuck to the deadlines but I still really want to do it and can dedicate the time to it now.

 

But firstly, I know about the test case and them freezing all claims so where does that leave me? Should I continue on?

 

If I should continue, will my original claim still count? I received a letter saying they were looking into it but I havent herd anything since. I need to send my letter before action and im wondering whether I should alter the letter and put something about them having more than ample time to respond and so i'm now giving them 14 days until court?

 

Or should I start again from the beginning?

 

Any help would be much appreciated, I really hope I haven't ruined my chances of a successful claim.

 

Thanks

kat

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Hi Kat send a LBA like you said adding in that you have allowed 8 weeks to respond as per the FSA. This time has now elapsed without a response and you will allow no more time than this LBA states before taking the matter to court.

 

Remember to send an updated schedule of charges.

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