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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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 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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Hillards v Citi Cards (charges)


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Following on after a successful request for PPI refunding from Citi Cards (hello Paralegals :-) ) - http://www.consumeractiongroup.co.uk/forum/showthread.php?433020-Hillards-v-Citi-Cards-(PPI)

 

They have been kind enough to send me a cheque for the PPI and a large part of that is being reserved for potential court fees as I am now moving on to reclaim charges that they made for 'Late Charges' and 'Overlimit Fee' entries on my account between 2003 and 2006. 32 entries, starting at £20 each time, increasing to £25 each time then down to £12 following the OFT report in April 2006 - https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284445/oft842.pdf

 

I have previously made similar claims for charges against other companies and have gone to court when they have told me to 'go away' when asking nicely. I've not had a failure yet, feel free to look at my other threads :-) Part of my POC states "I do not accept that the Office of Fair Trading report of April 2006 deemed £12 to be an acceptable charge, as it clearly did not. Many of the charges being claimed exceed this amount. " :-)

 

I am at that asking nicely stage and will be sending a letter to Citi to request that they refund the charges they made, totalling £730, with interest. I fully expect them to say 'no, go away', but I have to be seen to be taking the correct steps. If/when they say 'no', or if they do not answer within the time limit they will be given then a letter before action will be sent and if they still refuse then I'm happy to go to court.

 

£730 plus interest: the interest would be at their own rate of 31.80%, as they applied to the credit card account. This is currently just over £10,000 using a copy of CISheet v101 :!: Obviously, this is not going to be resolved overnight so I've created this thread to keep track of progress, and so that others looking to do similar can see that it can be done, you just have to persevere and let them know that you are prepared to stand up to them.

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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  • 3 weeks later...

Citi have sent a standard letter 'sorry you have had to complain... dealing with it... 8 weeks...'

 

I fully expect that they will refuse point blank and not even make a token gesture.

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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As you will be taking this to court, you do not need ot wait the 8 weeks

 

send a letter before action when YOUR deadline expires ;D

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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As you will be taking this to court, you do not need ot wait the 8 weeks

 

send a letter before action when YOUR deadline expires ;D

 

Thank you for the timely reminder :-)

 

In my letter, dated Dec 20th, I stated quite clearly that they had 14 days, after which I would issue a LBA. Allowing for me not posting it until a day or so after writing, and the holiday post, it's about time for that LBA ;-) I've just written it and will post it in the morning.

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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