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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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Court (Thursday) - ***WON***


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I have an initial court date set for tomorrow v RBS. They contacted me a couple of days ago to settle but I refused their terms ie. full and final settlement of all claims against them.

 

They are willing to negiotiate and possibly settle all my claims against them in the one go if I contact the court and ask for the action to be cancelled.

 

My concern is they are sending a solicitor to represent us both to ask the Sheriff to delay/cancel the hearing as we are negiotiating an agreement that won't be settled until at least Friday. Should I contact the court and ask for some sort of delay/postponement? or should I get along to the court myself?

 

Also RBS are refusing to pay the 8% interest on my claim prior to the date the court papers were served, surely they should be stomping up for the years they have had the privilage of having my money?

 

Any advice much appreciate (I have been searching around for hours but want to be absolutely sure about what I am doing...dont want to muck it up at this late stage!!!)

 

Cheers

 

Vonnie

9/8 - Discovered Consumer Action Group Site:D

 

RBOS - Personal Account

10/8 - S.A.R - (Subject Access Request) to RBOS

17/5 - Defence lodged by RBS

24/5 - Court date

21/5 - Offer received:rolleyes:

22/5 - Offer rejected

25/5 - New offer received and accepted!!!!!!

 

MBNA Credit Card

10/8 - S.A.R - (Subject Access Request) to MBNA

Feb 07 Received payment in full...Yeh!!!!:-D

 

RBOS Business Account

25/5 - May 07 - Statements received

23/7 - Offered received

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My bank Abbey asked me to cancel the court at the last minute too, but I didn't and went along, however, they rang the court in the morning to tell them that it had been settled and the case was dissmissed :mad: So I asked the Sheriff for the date to be set for 2wks time while I wait for the cheque to clear, which the Sheriff did.

So watch them, them banks can be sneeky, but I doubt very much that they will send a solicitor. Just remember that you are right and they are wrong. And don't worry, you are not the one being questioned here, they are.

Good luck, and get a good night sleep X

:DABBEY-WON! £1,359.34

:confused:CAPITAL ONE WON £1,523.27+£39court fees.

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I would turn up. Just to see what happens. You initiated the action. It's your call not RBS's. Sheriff's like it when people turn up. They get moody when the banks don't appear. Chance to score a point if the bank fails to appear.

 

They you can tell the court/sheriff you're attempting to negotiate with RBS for settlement.

 

Good luck

He didn't come looking for trouble, but trouble came looking for him.

When the smoke clears, it just means he's reloading.

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Cheers guys, I really could have done with not having to be there as I have a busy day at work tomorrow and I spend so much time at court with work these days the thought of being there of my own accord, in front of the sheriff arguing my case terrifies me.

 

Any ideas on the 8% interest RBS are not for budging but they are potentially willing to settle my whole claim £1,500 without me having to raise another action against them but the interest is worth another £250.

 

I'm off to bed to try and get some beauty sleep so I don't frighten the hell out of the sheriff tomorrow! lol

 

Thanks again

 

Vonnie

9/8 - Discovered Consumer Action Group Site:D

 

RBOS - Personal Account

10/8 - S.A.R - (Subject Access Request) to RBOS

17/5 - Defence lodged by RBS

24/5 - Court date

21/5 - Offer received:rolleyes:

22/5 - Offer rejected

25/5 - New offer received and accepted!!!!!!

 

MBNA Credit Card

10/8 - S.A.R - (Subject Access Request) to MBNA

Feb 07 Received payment in full...Yeh!!!!:-D

 

RBOS Business Account

25/5 - May 07 - Statements received

23/7 - Offered received

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Glasgow Bigmac, I PM'd you the result. Interest is being paid in full plus costs! Just awaiting the magic transfer of funds to my rather depleted account.

 

Again I wouldn't have had the courage to push this as far as I did without the support received here on the site.

 

So thanks everyone for your help, support and invalueable advice

 

Vonnie

9/8 - Discovered Consumer Action Group Site:D

 

RBOS - Personal Account

10/8 - S.A.R - (Subject Access Request) to RBOS

17/5 - Defence lodged by RBS

24/5 - Court date

21/5 - Offer received:rolleyes:

22/5 - Offer rejected

25/5 - New offer received and accepted!!!!!!

 

MBNA Credit Card

10/8 - S.A.R - (Subject Access Request) to MBNA

Feb 07 Received payment in full...Yeh!!!!:-D

 

RBOS Business Account

25/5 - May 07 - Statements received

23/7 - Offered received

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Vonnie did the bank agree to settle in the court room or did they contact you afterwards..... I'm up in court on Friday morning and after spending weeks preparing myself menatally for it I'm now really nervous :(

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The bank offered to settle before the court date but I didn't like their terms and conditions so we went to court and have since settled!

 

Thanks everyone, the funds have arrived and just in time too off on holiday in a couple of weeks.....

9/8 - Discovered Consumer Action Group Site:D

 

RBOS - Personal Account

10/8 - S.A.R - (Subject Access Request) to RBOS

17/5 - Defence lodged by RBS

24/5 - Court date

21/5 - Offer received:rolleyes:

22/5 - Offer rejected

25/5 - New offer received and accepted!!!!!!

 

MBNA Credit Card

10/8 - S.A.R - (Subject Access Request) to MBNA

Feb 07 Received payment in full...Yeh!!!!:-D

 

RBOS Business Account

25/5 - May 07 - Statements received

23/7 - Offered received

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Congrats!

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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