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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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 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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Default Royal Bank Of Scotland, Help Please!!!


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hello,

 

Two weeks ago, i sent letter to RBS to claim penalty charges totalling £3,063.25

(wich include interest amount of £1,262.25).

 

I am based in scotland.

 

At this point i received no reply from Royal bank of Scotland.

i called them today and they told me that it will take up to ten working days again before they sent a reply to me.

 

i have heard that small claims amount limit in Scotland court are £750.

 

in case i have to go to court, how do i proceed ? do i have to open 5 claims ?

Any help/advise.comments welcome please.

i am at a loss.

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I'm no expert in Scottish courts, but I do know you can't split your claim. The scottish courts are throwing out subsequent claims because you are abusing the system.

 

I would suggest you first of all do some reading. As far as I am aware there is plenty of information on the scottish courts and the scottish procedure, you just need to do your research. I will nudge a fellow scot that I know of over here to give you a little help.

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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so apparently, in scotland, the law is biased toward the banks.

 

for a claim amounting to £3000 :

 

1 - impossible to go for a small claim in court because the limit is £750

 

2 - cannot go for several claim because they will be rejected.

 

in other words, for us, poor scottish residents, the banks side prevails.

 

:-x:-x:-x

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I assume that you mean the two weeks are up since they received your letter? Which will have been your prelim complete with schedule of charges?

 

If so, the next stage will be your Letter Before Action, reiterating your intention to go down the Old Court Road.

 

HOWEVER. Yes, you ARE well over the limit for small claims in Scotland. BUT. I don't think this will be too much of a problem. Firstly, you are not claiming contractual interest. ANd are you just going back the 5 years too? If so, the news is probably quite good.

 

RBS are starting to settle claims based on the 5 years (6 in England) without contesting the claim. There IS a backlog at the moment, and there are even several tons of letters waiting to be sent out, but they need some kind of leaflet to be included which they have run out of.

 

So. You can continue down the route you are going, and in another couple of weeks try the court option. (Riskier in Scotland because you are out of small claims). OR. You could let them now that unless there is a substantive response by whenever, you will be raising a formal complaint with the Financial Ombudsman.

 

If you choose the latter route, be aware that you really should give RBS their full 8 weeks deadline so that the FOS can see that you have been reasonable. You should also make sure you let them know that if the FOS are unable to help both parties settle the dispute, you will then escalate the action to court level. But I don't think you'll need to go that far.

 

What you'll probably find is, they will offer slightly less than you have claimed (unless they find your calcs are wrong in your favour; they HAVE refunded more than was claimed for in a couple of cases.) If they do, my own PERSONAL advice would be to accept this, unless it differs vastly from your initial claim. If you went to court having rejected a slightly less than claimed for amount, it would not be looked upon favourably by the court, IMO. Bad news all round then.

 

Hope that's helpful anyway. Keep us up to date?

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done claim for my daughter against halifax.

went to sheriff clarks office got a lot of help from the clerk of court he advised me to put in a summery cause summons claim this allows you to claim upto £1500.00 instead of several small claims summons claims and it is still the £39.00 fee you pay.

halifax did not challange and settled in full well before the calling date

hope this is of help top you

regards wulber

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