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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 
        • 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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I won, but not offered full ammount.


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I've been offered £688.16, £100 short of what I asked for. They also refuse to offer me the cash in the form of a cheque or to transfer the cash too another account. My account has been frozen because I am paying their loan back through a debt managment service, who pay my loan at a lesser ammount for me, so they will take the cash and put it straight towards the debt.

 

This would not normally be a problem, but I'm moving house on the 4th April, I am unemployed and this money would have helped me get the house in order...even £200 would be a great help.

Seeing as there's no way to get the money to another account, I'm going to refuse the £688.16 and get the extra owed; if it's going to be put towards my loan I might as well get the full lot.

What letter should I send the bank now? Do I need to send one that states I accept this payment of £688.16 as part payment of the £773.16.

 

Just wanted to point out that they never replied too both letters within the two 14 day periods. I had to email & send a letter of complaint to the bank ref the 'RBOS senior Customer Relations Manager' not replying too my registered letters (in essence they've had 3 letters, 1 phone call & 1 email in total before I even got an offer).

 

Even then they asked me if I had the letter receipts when I spoke to them on the phone (saying it would better my chances). The offer letter only came in this morning because of two separate complaints I had made, it's short of £100+, I did not ask for any interest payments, they will not pay me by cheque or transfer the cash to another bank. I'm currently unemployed and receiving job seekers allowance, this goes into a different bank.

 

PS

The letter they sent states that as a gesture of goodwill and without accepting any responsibility, they are willing to pay me £688.16 and to sign the letter accepting this ammount (which I am not going to do). I have 8 weeks to reply or they will close the complaint. You have to laugh when they say a goodwill gesture, that's something they give when you get your first bank charge refunded. I also mentioned I used to work for them (RBS Mortgage Center) and have an unfair dismissal review coming up soon...this may also go to court depending on the outcome.

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I've been offered £688.16, £100 short of what I asked for. They also are refusing to offer me the cash in the form of a cheque or to transfer the cash to another account. My account has been frozen because I am paying their loan back through a debt managment service, who pay my loan at a lesser ammount for me, so they will take the cash and put it straight towards the debt.

This would not normally be a problem, but I'm moving house on the 4th April, plus I am unemployed and this money would have helped me get the house in order.

Seeing as there's no way to get the money to another account, I'm going to refuse the £688.16 and get the extra owed; if it's going to be put towards my loan I might as well get the full lot.

What letter should I send the bank now? Do I need to send one that states I accept this payment of £688.16 as part payment of the £773.16.

 

Just wanted to point out that they never replied too both letters within the two 14 day periods. I had to email & send a letter of complaint to the bank that he 'RBOS senior Customer Relations Manager' had not replied to my registered two letters. Even then they asked me if I had the letter receipts when I spoke to them on the phone. The offer letter only came in this morning because of two separate complaints I had made, it's short of £100+, I did not ask for any interest payments, they will not pay me by cheque or transfer the cash to another bank. I'm currently unemployed and receiving job seekers allowance, this goes into a different bank.

 

PS

The letter they sent states that as a gesture of goodwill and without accepting any responsibility, they are willing to pay me £688.16 and to sign the letter accepting this ammount (which I am not going to do). I have 8 weeks to reply or they will close the complaint.

 

Hi Jack. Unfortunately, there's not a great deal you can do with where it gets paid and you are right to go after the last 100. You are correct in your assumption that you need to send them a partial settlement letter BUT given that the deadline is up for your LBA, you should really be considering taking them to court now.

 

There is relief for people who are unable to pay court fees and I think as you are unemployed they may be paid for you (you would have to look into this). Given the amount of money, you would be in the small claims court, so would not be liable for anything if something went wrong but more critically for your position, you would then be able to add 8% interest to your claim meaning you could pay off even more of your loan when this eventually does get settled.

 

If it were me, I would seriously consider not responding to them and filing in court instead.

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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Hi just a thought but if you take it to Court can they credit the money against your loan account or can you insist that they pay it directly to you by cheque? I'm sure I read on another thread someone who had taken court action requested a cheque instead of it being paid into their bank account.....maybe one of the mods will be along shortly & could clarify it for you.

 

Villafan

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You can insist, but it's whether or not the judge agrees with you. Plus you couldn't just go to court to argue where the money gets paid. Ie, if you were offered full settlement in your account you couldn't proceed to court arguing for a cheque but in essence you are entirely correct and this is something that jack could do as part of his claim (assuming he proceeds).

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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Thanks folks for the replies, really does help and this website has been excellent at giving advice. I've followed the advice to the letter and got this far, so I'm gonna contact legal aid and find out if my court fees can be waved on grounds of being unemployed.

 

The RBS called me back today because I'd spoken to a staff member about unhappy I was. The guy I spoke to from the Support Unit was called Lewis (seemed a helpful & sincere kinda bloke). He also said a cheque at this stage is not a possibility. I asked if I could even get £200 for myself to help finance the move to my new house, they could take the rest towards my loan; if they agreed I would not pursue the extra £100 or the 8% interest via court action, so he's gonna call me back about this. They know I'm moving because I also sent them a letter stating my new address as of the 4th April.

 

All I want is £200 for carpets and to help with decorating costs (they can keep the rest)...fingers crossed.

 

The good thing I have is the fact they did not respond to both my letters within the correct timescales and they did not contact me until I put in a two further complaints. I'd also like to add that I used the consumer group sticky labels, which I know helped. When they called me they knew I was serious and had a great website/backing on my side. I'd advise everyone to do this and for the price, it makes a difference...in my opinion.

 

Unless they let me have £200 cash, then I'll hhave too go to the court and request a cheque from there. They've already broke the rules by not replying to both letters with the given timescales and I thought that by leaving out a few quid in interest might have swayed them more to help me out.

 

Cheers folks.

 

PS

I'm also claiming against the TSB (got half my statments), but the cash from that will pay that small loan off, so I have no issues there.

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  • 2 weeks later...

Hi JackGlass

You need to use the N1 form, I recommend the hard copy version over MCOL. A guide to filling in the form can be found here POC N1 Hard Copy Version and the actual form here N1 form in pdf formate with form filling. Remember you can now claim 8 % interest so you will need to complete the simple spreadsheet here Spreadsheets. This should add a fair few pounds onto your claim. As you are unemployed you may be exempt from paying court fees (which is £80 for claims under £1000). A guide to exemptions is here Court Fees Exemptions. You will need to fill in a ex160 form here Court Fees Remission Form EX160 and a guide to completing it is here Court Fees Remission guidance.

 

Good luck

skb

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Barclaycard lazygoing - £580 + £398 contractual int at 17.7 % click! (Received partial payment £110 21/11/06)

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