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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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    • 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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Urgent Attention Please Read - Claims in Scotland


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Think about it. If they really had any "Goodwill" they would settle the whole amount, not a portion of your claim. It's not as if they need to pay you in instalments. They're a bank, hardly short of cash.;)

Gimee! Gimee! Gimee! ma cash after midnight!

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If FOS is the route to go re claims against CB in Scotland, at what point can you approach FOS to act on your behalf? If FOS don't accept complaints if you have gone to court at what point do we accept that we aren't going to get any further? I'm about to claim for £3,500 ex interest but am nervous about the OA route given the consensus of opinion here. The series of small claims i was going to use now appears to be a non-starter. If the banks start playing the game on the basis that they know any claim above £1500.00 either has to go to OA or go down the FOS route, they can reasonably ignore any threat of court action.

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If FOS is the route to go re claims against CB in Scotland, at what point can you approach FOS to act on your behalf? If FOS don't accept complaints if you have gone to court at what point do we accept that we aren't going to get any further? I'm about to claim for £3,500 ex interest but am nervous about the OA route given the consensus of opinion here. The series of small claims i was going to use now appears to be a non-starter. If the banks start playing the game on the basis that they know any claim above £1500.00 either has to go to OA or go down the FOS route, they can reasonably ignore any threat of court action.
You can go to the FOS once you have a 'final word' from the bank. If they write to you and tell you to get lost, you can take it up with FOS. In your case, I think this is the correct course of action.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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After much deliberating and research I think the concensus among the CAG team at the moment is for claims over 750.00 in Scotland to be claimed through the Financial Ombudsman.

 

 

AHA! It sure does pay to read through threads before doing anything rash!

 

My claim (excluding interest) is for 2 accounts (the 6 -year stretch at this point - though I'm visiting a branch of HBOS this afternoon to get ALL my statements) totalling:

£10k+

£5+

 

What I found very interesting was the business of Scots' Law being different and acting differently. I had thought about pursuing HBOS through the English Courts (Head Office being in Leeds now).

 

But this thread has been MOST helpful - and I haven't got to the end yet.

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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when you talk about multiple claims do you mean claiming more than once on the same account to get round the £750 limit in scotland or several diferent accounts my wife and myself have 4 seperate accounts with the BOS which i was going to pursue seperately should i put them together as one claim problem here is it would probably total about £10,000 including interest help confused......

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have got first lot of statements back from BOS approx £1700 in excess O/d charges and a further £500 in maintenance charges Over six years should i reduce the figure to a five year sum (this is one account) what is my best plan of action ... need help been reading this site now for about 2 weeks all seems a bit confusing

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Hi pedro it is best to stick to your own thread so you can find these answers easily when you need them, have noticed you have 5 threads in the HBOS forum, will get these threads merged for you and any questions ask away there and peeps will help you.

For the moment have you looked into complaining through the FOS or alternatively claiming in England? due to being over the small claim threshold of 750 quid.

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Well, as a newbie who has finally decided to try to reclaim charges, I have been reading various posts since 4.30 this morning! Bit of an insomniac! I guess I am going to have to study the options for a bit longer as I still have no plan. At the start of this thread someone mentioned a new set of guidelines for Scotland, have they been developed yet?

I am also confused by the abbreviations, maybe a glossary would help?

Is FOS the same as FSO or just tired typing?

I want to reclaim credit card charges, on behalf of my partner who has a very 'relaxed' attitude to finance! But we work too hard for our money to let the financial institutions continue to get away with [edit]. So I am taking up the crusade on his behalf. With some financial education and a lot of perseverance Im sure we'll succeed.

So what I need is a little advice on the best way forward. There are five credit card companies involved. (Why do some people feel the need to have a card in every space in their wallet!!)

Thanks in anticipation. LV

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Hi lilacvera it is wise to read up for a while before starting as this will help you in your claim, when you start your thread keep it updated so peeps can see your history when you require help. The guidance need further work and will be out shortly.

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I was offered full amount of claim but Halifax won't pay out now because I sent them a 'no -conditions' letter, so am I right in that FOS is the best way forward?( and hopefully interest on top.)

 

Although I'd love to say there won't be any more charges from now on.........I know me!

Prelim Sent -27/02/07....

Response Letter rec'd -13/03/07....

LBA Sent -15/03/07...

Court claim due-30/03/07

Offer received(10p/cent short)-declined for full amount-28/03/07

Success FULL 6yr amount offered-29/03/07:D

........not yet received because they want me to accept conditions!!:(

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Hi Lynn YES TO ALL, LOL.

 

LOL :razz: Just checking:rolleyes:

Prelim Sent -27/02/07....

Response Letter rec'd -13/03/07....

LBA Sent -15/03/07...

Court claim due-30/03/07

Offer received(10p/cent short)-declined for full amount-28/03/07

Success FULL 6yr amount offered-29/03/07:D

........not yet received because they want me to accept conditions!!:(

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Hi folks,

 

I just had my first claim settled (750 quid, small claim - started before this all happened!). I'm trying to decide what to do for the rest (just over 750 quid again).

 

I emailed Edinburgh sheriff court, and their response was:

 

"I can confirm that guidance was given by Sheriffs in Edinburgh on Small Claim/Summary Cause actions in respect of bank charges. It was decided we would welcome only one action regarding the same customer account (whether Small Claim/Summary Cause/Ordinary Cause) ."

 

The rest of the email just detailed how much you can claim in each type of action, and advised me to seek legal advice.

 

Just thought I'd share the info!

edinburghbeerbucket :D

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Hi All

 

Been hanging around for new info... Read in the daily Mail yesterday that labour have decided to raise small claims limit in Scotland to £5000.. woohoo

 

Have decided not to go for contractual now.. am doin' a new LBA droppin the Contractual as a goodwill gesture...lol :-D .. (and to stall a bit more)

 

Read another thread on here, someone done a second LBA to Lloyds and got an offer of the full amount.. wish me luck :rolleyes:

 

tbell:)

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Read in the daily Mail yesterday that labour have decided to raise small claims limit in Scotland to £5000

 

This is interesting, do you have a link to where you read it?

Good Luck!

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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I couldn't find anything in the Mail but I found this.

 

| | Small claims

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi Caro,

 

Same here, this is all I could find- scoured the Daily Mail website. Here's hoping it happens soon!

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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Hi all :)

 

Bn at work..partners put the newspaper in the bin..thankfully the blue recycle bin... but its at the bottom..and I nearly fell in tryin' to get it!!

 

Neighbours givin' me funny looks too...lol

 

Was the Mail on Sunday...partners popped out..will ask him nicely when he gets back to go into the bin and retrieve it :grin:

 

tbell:)

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BoS:- D P A sent 09/06 Prelim. request 29/06 £1755 plus interest

1st claim Filed 5/10/06 SETTLED 19/10 £747.80 plus £534.31 interest

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Hi All

 

Been hanging around for new info... Read in the daily Mail yesterday that labour have decided to raise small claims limit in Scotland to £5000.. woohoo

 

Have decided not to go for contractual now.. am doin' a new LBA droppin the Contractual as a goodwill gesture...lol :-D .. (and to stall a bit more)

 

Read another thread on here, someone done a second LBA to Lloyds and got an offer of the full amount.. wish me luck :rolleyes:

 

tbell:)

 

 

Yeah! But it's not coming in with "immediate effect" - so WATCH OUT!

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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Just want to know if anyone disagrees with what i'm doing?.

I live in Scotland but have an English bank (Nationwide) and am owed over £7000!.

What i've decided to do is use a relatives address in England and claim through MCOL.

I'm assuming i can do this as MCOL states all im required to have is an address for correspondence in either England or Wales it does not say i'm required to live there.

Anyone know of any reason this wont work? (bearing in mind i'm willing to travel to England if required to appear in court, it would be worth it for 7k!)

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