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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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Brightestsparkler Vs RBOS ***WON***


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Excellent help sally ;)

 

The only thing I would possibly change (if appropriate) is the paragraph that says you have not made any attempt to settle as you might have had an offer already?

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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I haven't had any offer already just the letter to say they are looking into my request :confused: . I am just using the templates from the same site that I started this process from in an attempt to be less confused although that doesn't seem to be working (lol)

 

I just wish I has found this site earlier is all I can say and will use the templates on this site for my claim on Cap 1

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Thanks Sally wish I noticed your post prior to posting the standard LBA but hey ho! Could use it on Cap 1 when I get to that stage instead.

 

Anyway LBA has now been sent rec del today 14 more days and counting!!! and I can spend more time reading the threads now as the house sale is all over with :D

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Good Luck, not that you will 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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I haven't had any offer already just the letter to say they are looking into my request :confused: . I am just using the templates from the same site that I started this process from in an attempt to be less confused although that doesn't seem to be working (lol)

 

I just wish I has found this site earlier is all I can say and will use the templates on this site for my claim on Cap 1

 

That's why I said "if appropriate"? If it is applicable to you then leave it as it is.

 

I would think that that letter would be most effective after the 14 days is up on your LBA, not before your LBA sparkler.

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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Guest littlesally

I sent the letter after the LBA.

I believe a few people have used it but have no idea if it has worked for them, but it's worth a try.

 

Sally x

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  • 2 weeks later...

I've just realised the LBA14 days are up on Tues so have just e-mailed the letter that littlesally posted to my work so I can print it :)

 

I decided to delete this part of it tho

If you wish to pursue this course of action please telephone me to obtain my account details.

As they already know my account details as I will be using this to go towards clearing my overdraft with them. (should I add that to the letter?)

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Guest littlesally

You could but there isn't a lot of point - you may change your mind once you get it.

 

Sally x

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Guest littlesally

That's right, I truely hope it works.

Have a good look around as there is loads of guidence around.

 

Look here.....

http://www.consumeractiongroup.co.uk/forum/rbs-bos-successes/

 

That lot should give you hope.

It's a pity the chatroom is still closed as that place can really help with any doubts and fears you have.

Also good for just unwinding and having fun.

Still hopefully it won't be long.

 

It's basically a waiting game, seeing who can out stare the other - don't be the one to look away.

Many people do at this stage and give up.

 

Make sure you stick with the winners and you will be one!

 

sally x

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Thanks littlesally I posted that latter Sat Rec del so they should get it tomorrow then comes that hard part if they don't respond i guess :( not looking forward to all that form filling etc, but at least there's plenty of help here from lovely people :) should I get stuck (i'm sure I will)

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Hi all can anyone help me please?

 

As you can see by my thread LBA date runs out over the weekend so shall we call it monday.

 

Next step is MCOL. I have read and read the threads on here to the point of confusion. I'm worried about the dealines that I have to meet once the MCOL is filed is it imperitive to file MCOL straight away? or can I get everything together for the next steps first?

 

Main problem being lack of time as I am a single mum working full time - add some short deadlines to this and i'm on meltdown!!!

 

Or.... is the collation of what is needed more easy that the threads i've read make it sound?

 

I've no idea where to start and wish they would just make an offer argghhhhh!!! Shall I just give up? I don't think i'm cut out for this :o

 

Another thought.... should I have requested CCA or is it too late?

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you don't need to file immediately...just make sure you do!

 

If you head over to the library section, there are template claim documents and lots of helpers.

 

DON'T GIVE UP!!!

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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Guest ChloeJane

Hi Bright Sparkler!

 

OK - where to begin....as with all you have written I would like to add that little time is really necessary.

 

My advice would be - firstly have confidence ! You have got this far why back out now when the rest is just a process! It appears a lot and intimidating, but its simple honest!

 

Firstly - my advice - don't go MCOL.

 

Secondly - go via the N1. Its simple, put it in an envolope with a cheque and your done!

 

Its that simple!!!! However-read below!

 

NOW........just so you have some light reading - as a single mum you may be able to claim exemption from paying court fees. This is really really simple.

 

So I am adding only two links for clarity -

 

1) Read about the fees exemption - if you qualify or think you do, fill in the form and enclose it with your N1.

Fees

You can apply for an exemption through the court when you file your claim so it is worth a read and if in hardship, worth applying.

http://www.hmcourts-service.gov.uk/H...fl ets_id=172

 

See - simple no stress - it will save you money!

 

Step 2

4. Particulars of claim - N1 - hard copy version

The above link will take you to the claim form and the instructions of how to fill it out. - you will see a link that is a fresh N1 claimform link - click it and it will allow you to edit the form online!

** Where it has particulars of claim, copy and paste the above instruction template of the particulars onto a word documet - then on page two where it asks you for them , put as attached ****

PRINT 3 COPIES - SIGN

Step 3

Click below to find your local court

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/

- If you have got that far -

PRINT 3 COPIES OF YOUR SCEDULE OF CHARGES - SPREADSHEET.

Put all of the above - N1 claim form, schedule of charges, exempt form filled out or cheque and post away!

Its that simple.

Or - use MCOL.

CJ

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  • 2 weeks later...

Firstly - my advice - don't go MCOL.

 

Secondly - go via the N1. Its simple, put it in an envolope with a cheque and your done!CJ

 

Aren't they just the same but one is online version where there is no chance of a clerk loosing your stuff somewhere?

 

Click below to find your local court

 

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/

 

CJ

 

I've done this under work type they have

  • Criminal
  • Youth Court
  • Family Work
  • Civil

Does this fall into one of those categories or do I need to find an alternative place? If so what type of work does caliming back fall under?

 

Ready to get on with it again now, think that Lloyd case gave me a seious case of the jitters :o

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Guest littlesally

Hi Bright,

I have got no idea as my claim did not get this far, but am replying to BUMP this, so hopefully someone will see who will help.

Alternatively, if you look through these

 

http://www.consumeractiongroup.co.uk/forum/rbs-bos-successes/

 

find a few similar and PM them all to see what they did. At least one should reply!

 

Hope that helps,

Sally x

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OK i've been to the link for N1 and the template but dont understand the following...Can I delete that in orange as i've not mentioned this in any letters and not sure i was charged interest on o/d or not (never went there)?

 

Charges £xxx.xx

Overdraft Interest £xxx.xx

Interest under s.69 County Courts Act 1984 £xxx.xx (Is this the 8%?)

Court Fee £xx.xx

 

TOTAL £ xx.xx

 

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day (What's this bit about, does it mean I can charge them more interest on top of the 8% i've already mentioned in all my letters?) [(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day)] OR at such rate and for such periods as the court deems just.

 

I hope someone can help a legal dullard like me :)

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Hi

Thanks for replying to my post. If you look in the templates bit sticky number 4 it gives you the answers you need for the above question. I cant get the n1 form it keeps saying the file is damaged and cant be repaired. Good luck I think we are both in the same boat ha The orange bit you leave out I have not claimed this either

Twosue x

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Guest littlesally

Don't back out!!!!!!

Just last minute jitters!

I am sure someone will be along that can help, hang on in there.

Sally x

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