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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.  

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      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.

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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.
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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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Online Statements changing to cause charges


Dipply75
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Hi all

 

I am fighting RBS (again lol) about their online statements. They state they are real time but they seem to be changing way after the business day is finished and causing charges to hit.

 

I check my statements online every day, usually more than once but something very strange has started happening. ie:

 

I made switch payments over a weekend and checked online on Monday morning to make sure I had them covered...they had come off and all ok. I check again that afternoon before going to the ATM to withdraw just £10...all ok. Except 3 weeks later I am hit with a £28 charge. Confused I have to trawl back through my statements and spot they now have me going overdrawn on that Monday. Never happened!

 

Their explanation is that a retailer can ask for his switch payment at any time of day, say 4pm, and the money can vanish from the account with no warning, not pending at all, and they amend the statement to fit this in. They could not explain how every other switch sits pendng on the account for a full day until it clears, or how it could suddenly vanish without going through any process at all. Demanded to see where it any of their literature is warns the customer that payments can be taken at any time of day and got my charge back.

 

Now here we go again (sorry for long story!) but:

Wed21st - I am speaking to customer relations who agree to refund chg, I ask her to confirm no other chgs pending. None except my monthly account chg due today.

 

Thats right methinks and checks in case I have to go put money in to cover it - no chg applied yet. I check again that afternoon, no chg applied yet. Balance a whole £0.84

 

Thurs 22nd - chg is pplied and puts me about £6 OD, i put money in right away to cover it. OK. My £28 not refunded yet but she did say 2 days.

 

Fri 23rd - its all changed again! Wed now shows as OD by £6 all day. Thurs shows my £28 CHG refunded. What the hell is going on?

 

And here's the killer - if I'd printed them off at the time I would have the proof but I didn't! They seem to be a whole day behind. I am printing off constantly now, I will catch them.

 

Anyone else had this problem?

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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I've had a similar experience with RBS in the past. I had a direct debit coming out of my account which I'd forgotten about. I remembered that day and my dad transferred money from his RBS account online, which is instant. When I got home from work that night I checked my account online and the money from dad was showing as being paid in, and the DD was also paid. This was a Thursday or Friday I think. I checked my account again after the weekend and to my horror and anger, I saw I had been charged for an unpaid DD and the deposit from my dad was dated three or so days later than it had actually gone in. They are a shower of ****e and change the goalposts all the time.

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