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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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Urgent Attention Please Read - Claims in Scotland


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Called at Dundee Sheriff Court earlier today.

 

They have not been presented with any new cases for a while, but they will be looked at on a case to case basis (i.e. no "blanket" sisting).

 

They have not been approached, as yet, to lift any sists already in place but will look at these if and when they come up.

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  • 2 weeks later...

Hi there, I am at the stage of filling in my court forms, and I thought I will take a look at how other Scottish courts are dealing with sists.

 

My local sheriff court is in Tain, Ross-Shire. Looking at the court rolls , there seems like there has not been a case of this type listed. Has anyone had any joy with Tain Sheriff having their stays lifted?

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looking at the daily lists......there is nothing, best to phone up or better still go in,usually the clerks are quite helpful ,if you can given that court is quite near Inverness SC (relatively), it may well be that the cases are not sisted, or a sist can be fought

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  • 3 months later...

Can anyone help me? I have unsuccessfully tried to claim back bank charges from Nationwide. I started by claiming back in May of 2007 but have been fobbed off with letters about awaiting test case results and my last leteer was just a standard bank charge letter about terms and conditons. I have no idea what do do next! Please help. xxxxxx

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Can anyone help me? I have unsuccessfully tried to claim back bank charges from Nationwide. I started by claiming back in May of 2007 but have been fobbed off with letters about awaiting test case results and my last leteer was just a standard bank charge letter about terms and conditons. I have no idea what do do next! Please help. xxxxxx

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I am assumming you've only sent a standard complaint leter,and have completed spread sheet,and have all your statements

You have 2 choices .complaint to FoS ...or sent of a LBA letter , then follow that up if they don't refund with Filing a claim via the Sheriff court, the information the Bank have provided is not strictly true as the terms of the test case are excluding Scotland,

 

the link is here

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

 

remember that it will be Sheriff Court and not a County Court in the wording,

If stuck just ask

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  • 7 months later...

Hi there was on Martin Lewis website which led me here please help am having difficulty following this forum.I put in a complaint about bank charges through my local Clydesdale bank 8 weeks ago.They have just sent me a letter saying they are still reviewing my claim.I am now wondering if I should have gone through this process another way as I am sure my charges amount to more than £750 !! Please could somebody help me with the process and letters I should write sorry this is so long but am confused Thanks Louise

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Hi there was on Martin Lewis website which led me here please help am having difficulty following this forum.I put in a complaint about bank charges through my local Clydesdale bank 8 weeks ago.They have just sent me a letter saying they are still reviewing my claim.I am now wondering if I should have gone through this process another way as I am sure my charges amount to more than £750 !! Please could somebody help me with the process and letters I should write sorry this is so long but am confused Thanks Louise

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If after 8 weeks they havn't replied,or told you when you will receive a reply

You have two alternatives submit a complaint to the FoS ,but the better option would be to file a claim at the Sheriff court,It's not scarey,

first you need to list the charges on a spread sheet, then submit a LBA (letter before action)to the bank

 

You will find this link helpful

 

http://www.consumeractiongroup.co.uk/forum/scotland/94302-updated-scottish-procedure.html

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There should be no problem as the 750 limit on small claims was lifted over a year ago, and the new limit for Small claims is £3000, and the previous Summary Cause limit went from £1500 to £5000.

So you are within the Small Claim bracket

You are within the 5 year time limit so you can go back 5 years from the date of you first complaint leter.

If you did have some beyond this time scale then with the FoS , you can go back 6 years.

 

Most if not all the stuff you need is here ,I have never found CAB very helpful, well intentioned to a point..........your local one may be better

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Hi greypusscats and welcome.

 

This site can be awkward to navigate until you get used to it, but once you get into it there's stacks of information, and stivis has given some good advice.

 

I suggest you a thread of your own in the Clydesdale, Yorkshire, Northern Bank forum, and read some of the threads in there too, including the stickies at the top of the forum there. We know the true amount of costs for each "transgression" .is well under £2 for Clydesdale so their charges are plain greedy IMO.

 

Yorkshire Bank and Clydesdale Bank and Northern Bank - The Consumer Forums

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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  • 4 months later...

Hi,

 

I haven't been able to access Consumer Action Group for a long time.

 

Recently I THINK I caught a snatch of news stating that the courts had ruled that cutomers cannot make claims against the banks' unfair charges. Is this correct and, if so, does it apply to Scotland as well as England?

 

Having been trudging through Local Council mire for years now, I am just about, thanks to Scott McDonald, to emerge (shouldn't speak so fast,) into a new life with a home fit for residence. That's a long distressing story into which I will not go right now.

 

This emergence should have meant that I would have the time, clarity of mind and the energy to pursue Lloyds TSB (Scotland,) plc and perhaps The Clydesdale plc Just my luck, if we are no longer able to chase and regain bank charges.

 

I would very much appreciate the expert advice of those on this site.

 

Thank you

Bo)

Vital spark v Lloyds Tsb

2nd November 2006: 1st letter, requesting back statements, hand delivered to lloyds TSB: got receipt.

I have received the information on my accounts going back 6 (six) years but not going back to the begining of my hsitory with the bank, as I requested.

Think I'd best send a letter suggesting they send the lot and informing them that I have already paid the £10 for such information.

Mairi's awaiting my details so that she can help me work out the interest due on the charges taken.

 

Personal: growing and changing while ever remaining the same. Get to know me and tell me what I'm like coz I can't figure me out.

 

Quote: If you can't beat them, confuse them.

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Recently I THINK I caught a snatch of news stating that the courts had ruled that cutomers cannot make claims against the banks' unfair charges. Is this correct and, if so, does it apply to Scotland as well as England?

 

the ruling generally applies both north and south of the border,note the word generally.......however new PoCs will emerge (it would be fair to say that all forums are working on this as a matter of urgency) ,based on the actual ruling as opposed to what the banks have interperated it to say
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Don't despair VS. There's more than one way to skin a cat, the fat lady hasn't sung yet, and Mike Dailly of the Govan Law Centre is flying the flag for Scotland. ;-)

 

Check out these announcements. Scotland - The Consumer Forums

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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