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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.

      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 
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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.
      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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Has anyone had a refund since the Supreme Court Decision?


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Hi ...

 

I am still waiting to hear from my bank. Sent letter 25.11.09 and had no reply so have just fired off a reminder.

 

Has anyone else had any kind of result since the Court decision? Or is everyone hanging back until we get new templates? Has anyone been to court in the last couple of weeks?

 

Was just wondering as the fires seem to be going out regarding charges refunds .... or are the embers still smouldering?

 

xx:grin:

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I doubt very much that any bank will be paying anything out for a little while, other than hardship cases where court action should not be necessary. The banks claim victory but of course the embers as you put it are very much alive and are being fanned by various top barristers funded by a range of consumer action groups.

 

If your claim is stayed in the court system you need to contact the court to find out what they plan to do with it and when, either way each of the courts will handle it on a different time scale and you need to follow directions accordingly.

 

There is a fine balance right now between waiting to amend particulars of claim on stayed claims and the issue of the new approach anticipated by us all. Hopefully the new terminology will be issued in time to amend PoC's before the banks can push to have all of the claims dismissed under the supreme court ruling. If you haven't launched a legal claim then sit tight and use whatever template is issued to go from there. ;-)

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Natwest are taking me for a mug. They threw everything in their letters to delay it as much as possible and what do you know, i haven't had a letter in weeks. Went down financial hardship route.

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Good luck with that 90DC. If the bank gives you any nonsense then report straight away, banks have been giving everyone the run about on financial hardship cases for a while.

 

Show them you mean business and you'll have a better chance of getting your cash back in a reasonable amount of time :).

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I was doing a financial hardhip case for a friend, took about 3 weeks with abbey.. they paid about 70% (£2000) of total claim into account day after judgement without any notice

Only direct action by the masses will work....

 

Look at all successes they have never come from negotiation!!!

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Just had a reply from First Direct - they are not going to refund my bank charges but agree I may be experiencing financial difficulty so it is essential that I speak to their specialist team about this. :mad::(

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Got a letter from HSBC today stating quite clearly that due to them "winning" the case against the OFT I will not be getting my charges back

 

Guess what folks, they already paid them before the court case - hahahahhaa

 

idiots

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Lucky you! I need the new template letter as I am at a loss what to do now. They have given me 8 weeks to respond stating why I believe the charges should be refunded. GRRRRRRRRRRRRR :mad:

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Lucky you! I need the new template letter as I am at a loss what to do now. They have given me 8 weeks to respond stating why I believe the charges should be refunded. GRRRRRRRRRRRRR :mad:

 

I am sure even you can write a letter explaining how the charges debited immediately from your account without any chance to opt in or out of their overdraft services, severely disrupted your attempt at budgetting and lead to an irreparable imbalance within the contract you had signed with the bank leading to a clear breach of trust between you and the bank :D

I would wait until after Tuesday though ;)

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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I am sure even you can write a letter explaining how the charges debited immediately from your account without any chance to opt in or out of their overdraft services, severely disrupted your attempt at budgetting and lead to an irreparable imbalance within the contract you had signed with the bank leading to a clear breach of trust between you and the bank :D

I would wait until after Tuesday though ;)

 

What do you mean by "even you" - what are you implying??? :lol: I will be waiting until Tuesday though, too much to do at the moment.

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I was as close as returning the acceptance, it was received and payment was due only to be foiled by the area business manager yesterday, I will not give up as I have the 60 day offer in writing and a copy of acceptance neither state that he offer can be withdrawn without any notice.

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  • 1 month later...

I have received 3K in charges back from Natwest, a result it took a threatening letter regarding solicitors and a lot of arguing but eventually they paid out. Funny I have not heard from my business manager since ! This was second week of January 2010!

 

Its already been swallowed up but helped take the pressure off for a brief moment.

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  • 2 weeks later...
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