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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.

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      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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.
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      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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RBoS Settled & Closed Accounts


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Okay, here goes. Totally new here, I've been reading through FAQs, success stories, and various cases, and decided it's time to post my experience and ask for a prod in the right direction.

 

My RBoS account was my first account, set up in 1991 when I was about 12. It ended up being defaulted, and hence closed, a few years ago when I got into lots of trouble paying for everything. From 1991-2000 or so everything was fine. In 1997 I took out an RBS credit card.

 

I moved out in 1999, and started living in my own flat. Unhappily, life decided to bite me and I ended up losing my job and finding it difficult to find suitable work. I ended up bouncing around temp jobs while trying to make ends meet.

 

Predictable enough, I failed, and I got stuck in the spiral of charges upon charges, and ended up taking out a loan with the bank to cover the overdraft and get the account back on it's feet.

 

Needless to say, I couldn't keep on top of things for very long, and eventually took out another loan to cover the first one and refinance the account for a second time. No prizes for guessing what happened next.

 

I ended up moving out of my flat and back in with my mother, and upon starting a new job in October 2004, and foolishly hoping the problems would 'go away', I was contacted by a debt recovery agency demanding the princely sum of (get this) £3,937.47. All from charges, loans taken out to repay charges, and interest. My largest overdraft limit was £500!

 

Shortly afterwards another recovery agency contacted me about the credit card. From a £750 credit limit the sum, including charges, demanded was £1,120.61.

 

For each debt I set up a Direct Debit paying variable amounts every month (totalling around £100/month and varying for a couple of years). I kept up payments on this and eventually managed to save up enough to settle both accounts. The total amount paid amounted to £2,737.47 for the bank account and loans, and £850.43 for the credit card.

 

In 2005 (again, rather stupidly) I took out a loan with one of the 'specialist' (ie rip-off) companies to pay for some emergency expenses. The payments with this company have been kept up-to-date and I'm hoping to be in a position to settle it before too long.

 

In December 2006 I was made redundant, and it was my redundancy money combined with final salary payment that enabled me to settle everything - although it did wipe out all my savings at a stroke.

 

I therefore 'repaid' in total £3,587.90 to RBoS over approximately 36 months. I firmly believe that nearly all of this can be directly traced back to charges.

 

I have since received a letter from RBoS confirming that my indebtedness to the bank has been discharged.

 

Currently my credit rating is awful, I have accessed my credit report and found something of a mess, some debts seem to have been duplicated, and several weeks after settling the debts, they have not been marked as settled, even though I have since had confirmation in writing.

 

This leads me on to my questions...

  1. Is it possible to claim back charges, even on settled debts?
  2. Is the bank still obliged to hold and provide information in these circumstances? Rather stupidly I managed to lose all of my statments when I was trying to stick my head in the sand around 2002. I do still have the account numbers.

Any thoughts are opinions are valued, I'm thinking of sending one of the standard 'please provide info on account numbers XXXXXXXX' letters and seeing what I get back.

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We had all our bank accounts (personal, joint and business) closed by the RBOS last year following defaults. We then cleared these debts following the sale of our house.

I have just received an offer for the full amount of bank charges on our joint account (£902) so it can be done.

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  • 1 month later...

Well, I got hold of my statements, after a little confusion at the bank where they accidentally didn't give me the ones for the period I was accruing charges left right and centre.

 

I'm actually pleased to say that the bank staff were indeed very helpful in obtaining duplicate copies of my statements for me.

 

So... I've just finished adding up the total charges applied to my accout, not including interest and anything under £10.00.

 

The grand total is a whopping £3,025.47! :eek::-x

 

Which means, of the £3,500-plus I ended up paying back, just under £500 of that was money that I'd actually spent.

 

On with the next letter...

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James

I can only say I had a situation, in no way as severe as yours, but in some ways similar, with an overdraft of £1700+ which I would have been paying off over 4 years if I had not found CAG - on Monday I discovered RBS had paid over £2500, in reimbursed charges I had been demanding back, into the account -

 

so tally up all your charges using one of the spreadsheets on the site, making sure that you do not try to claim back legitimate account fees otherwise they will knock back your claim, and get off your first "gies my money back" letters - they will hopefully come back offering you a percentage of your claim, which you should accept as partial payment against your full claim - they should some weeks later perhaps offer you the full amount, less interest, which you should accept unless you want to pursue them to court for the interest.

 

Good hunting!!:)

“It's not personal, Sonny. It's strictly business.”

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