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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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The ball has started to roll....


big yin
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  • 4 weeks later...

STORY SO FAR

 

Well, I received a large envelope with 6 years worth OF statements. RBS owe me over £1000 in charges. I sent a letter to their Customer Relations Unit in Edinburgh and here's what they had to say:

 

"Thank you for your letter of **** and I apologise for the dissatisfaction caused by the application of charges to your account.

 

We believe our charges arefair, reasonable and transparent. We consider that the ammounts debited to your account have been applied strictly in accordance with your agreement with us............The OFT is presently in contact with us and with seven other major credit card companies to discuss teh level of charges on credit cards. It is importnat that I empasise these discussion are limited to charges on credit cards only.

 

Consequently, against that background, we must differ with teh views expressed in your letter and will not be refeunding any of the charges applied to your bank account"

 

What shall I do now?:(

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  • 1 month later...
  • 3 weeks later...

My wife is also claiming back money from the same bank but she was offered £90 and I was offered £0.

 

I have a preliminary date set for August. I cannot wait to take on the bank!:)

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Good luck! Keep us posted.

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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  • 1 month later...

I have a quick question guys. Both my wife and I have the exact same prelim hearing date in August. Is it possible for me to represent my wife as she feels a little uncomfortable standing up and speaking in court?

Reading the post(s) of another forum user I noted that she was asked to prove why she thought the charges were unreasonable. Should I take along the appropriate evidence to the hearing(s) to pre-empt this?

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I forgot to say that I was contacted by a RBS lawyer a few weeks back, asking me to resend a copy of the charges. He said that the court did not attach them to the original summons. I told him that I didn't have time to resend it and he would need to contact the court. I didn't want to do his job for him. Do you think this was ok for me to do this?

 

 

I cannot wait to have my day in court. It is very exciting and I(we) have nothing to lose.

 

Cheers

 

Big Yin

;)

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  • 12 years later...

This topic was closed on 03/07/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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