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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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Gmac **Settled in full**


martdj
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First the good news GMAC have settled a claim for £2595.31 in respect of unlawful charges. They initially through their solicitors Eversheds, wanted me to sign a confidentiallity agreement. I said I would on the condition they do the same for the ERC of £4000. The bad news is they would not do that., but have agreed to settle with no confidentiallity agreement.

I have told them that i intend to take out a class action against them for recovery of ERC so lets get the ball rolling and start one, I also want to do the same for recovery of BM erc.

 

Perhaps ZOOt wll know how we go about this

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Guest Partypip

well done martdj !!!!!!!!! Did you take them to court ?

 

I'm about to fire a letter off to them for charges, and another for ERC, but havent in light of recent events

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:) :) :) Well done you

We have a claim against GMAC for charges amounting to £1,700 did you issue proceedings against them? Nice to hear the worm is beginning to turn in the mortgage stakes.

Catherine Bear

xx

:D :D :DMoney in account £13216.66!!!!

GMAC - stmnts rec'vd letter requesting £1662 refund of chrges MCOL on line being issued for ERC

SPML - issued MCOL on 21.11.06!

Kensington - statements received letter requesting £2455.55 refund of charges issuing MCOL for ERC

MBNA - refund £341 offered-sent letter requesting refund of £3846.59 charges!!!!!!

Capital One-going to issue MCOL for £1243!

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Yes I did issue proceedings and they went all the way to have judgement stayed, after they were late in filing a defence. I remided them about recent directions on abuse of process and thats when they decided to cough up.

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several judges have requested that the companies concerned should either prove how many cases they have taken to court and won, and how many claims they have settled within a a stated time period. It is quite obvious. as regards unlawful charges that these companies will abuse the court process in delaying a pay out. basically the courts are saying that they should either defend cases in trial or pay out. I dont know any that have gone to trial.

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