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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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Interim payments


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Apologies if this is in the wrong section, but I have looked through the forum and haven't been able to find the answer.

 

I have wrote to my bank asking for my cash (£1038) back etc and they have written back offering me £105 as goodwill gesture on the basis I don not persue the claim.

 

As instructed on this site, I have written back saying :

 

... with regards to your recent letter following my correspondence, I would like to accept your goodwill gesture to repay £105 of the money taken from my account over the past 4 years. This acceptance is in no way a settlement but will be regarded as an interim payment.

 

So now I have accepted this how do I go about claiming it if they have told me that they will only give it to me if it is a final settlement?

 

Thanks in advance for any help.

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If they've offered £105 on an £103 claim then that's surely a good thing?

 

Accept it, sign the Full & Final acceptance form but CROSS OUT THAT BIT that actually says 'Full & Final Settlement'

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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Ah, gotcha!

 

In that case, sign nowt mate!

 

Give them a call, tell them that you 'accept their goodwill gesture' but NOT as full & final settlement, and that you shall be looking to recover the remainder via the Small Claims Courts.

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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But surely they will just turn round to me and say, "No, this was offered on the condition you stopped the claim".

 

They haven't sent me anything to sign, just a letter saying that they were offering me the gesture.

 

Thanks for the advice, btw!!

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Never forget that you hold the ultimate Ace card, in that should all else fail you can take them to Court & reclaim what you're owed that way!

 

They can huff, puff, offer goodwill gestures & the works all they want, but just keep in mind what it is that you're after - a FULL Refund of all unlawful charges that THEY helped themselves to from YOUR account.!

 

So, if they have already refunded you that £105, then great! It's just a chunk off your total claim, if they've not then too bad - go through the motions, Premlim Letter - 14 Days, then LBA - 14 days then hit them with a Court Claim!

 

My thread - JMio Vs Bank of Scotland - Easy Cash Account has got a few pointers in it that would probably be worth a read for you.

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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See what they say when you ring them, they may retract the offer but I doubt it.

 

Tell them you will follow up the phone call with your acceptance as an intrim payment in writing, but stick to your deadlines and send any other letters due in the mean time.

RBoS:

Student Current Account: £300

Current Account: £100

Total = £400

 

  • Statements requested 3/4, Received 26/4.
  • Pre-lim letter sent for both accounts 29/5.
  • 'Bugger-off' reply received 7/6.
  • LBA Hand delivered to Branch Manager 9/6
  • Reply received and ensuing email conversation terminated 21/6.
  • Claim Filed with Edinburgh Sheriff court 27/6.

  • Return Date is 01/08, Hearing Date 08/08!
  • Letter REcieved 2/8 offering £280, Declined.
  • Phone call same day offering full amount + fees.


RESULT!!

 

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