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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
      • 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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rizel123/Hardship claim ****WON****


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You might as wll send it to Santa Claus for all the good it does.

http://www.consumeractiongroup.co.uk/forum/bank-charges-finance-industry/190348-itn-news.html

 

However, no harm in trying. I suggest that you send it to the customer services centre of your bank.

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Use this address:

 

Customer Service Response Unit

The Cornerstone

60 South Gyle Crescent

Edinburgh

EH12 9WF

 

 

On what basis are you claiming hardship?

 

Natwest will send you a Common financial statement (income/expenditure form) to complete and return with evidences of arrears / debts. They should do that within 5 days of receiving your request.

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You might as wll send it to Santa Claus for all the good it does.

http://www.consumeractiongroup.co.uk/forum/bank-charges-finance-industry/190348-itn-news.html

 

However, no harm in trying. I suggest that you send it to the customer services centre of your bank.

 

 

I agree it is hard work, but there is evidence of some very recent successes in claiming under hardship waiver guidelines so I think there should be a more positive attitude.There are even more people now that need help and encouragement from sites such as this. Not a defeatist attitude.

 

IMO of course.

  • Haha 2

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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thanks, i was ill last year, split up with ex partner and lost job, currently on JSA and finally getting sorted out again, but have debts of around 6k on £242 a month including RBS overdraft of 2K in which they keep chareging me £38 in fees for direct debits i could not pay this month, so i think i might have a case, hopefully.

 

P.S I have done the letter and expenditure form found on ere, made us a bit sick doing it actually, but no choice at the moment, need to get sorted but chargeing me £38 for a failed DD when your on £61 a week to survive is a joke really!

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thanks, i was ill last year, split up with ex partner and lost job, currently on JSA and finally getting sorted out again, but have debts of around 6k on £242 a month including RBS overdraft of 2K in which they keep chareging me £38 in fees for direct debits i could not pay this month, so i think i might have a case, hopefully.

 

P.S I have done the letter and expenditure form found on ere, made us a bit sick doing it actually, but no choice at the moment, need to get sorted but chargeing me £38 for a failed DD when your on £61 a week to survive is a joke really!

 

I kinda agree with you, take half your weekly allowance and expect you to survive. THe next stage is to send it to the bank(unfortunately they will send out an income and expenditure form even though you have done that). The main thing they do look at is "priority debts" so if or rather when they do then make sure you include as much evidence that you have to the bank. If you have more questions then repost here.

.

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

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Good luck sounds like you have a case. And even if they say no first time keep pushing - keep it polite and to the point and hopefully you should get some sort of help.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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  • 1 month later...

Well i finally received a financial statement for from RBS and completed it and returned and today i have had a letter requesting the following;

 

*Documentary evidence of total household income, including any benifits

*Documentary evidence of outstanding balances on credit card/store cards and any payment arrangements made.

 

I have no problem or issue with this, except i live with my parents at the moment and they won't want to show me there household income as there of no financial link to me, so i presume i just send them my total income and outstanding debts? Thanks

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Well i finally received a financial statement for from RBS and completed it and returned and today i have had a letter requesting the following;

 

*Documentary evidence of total household income, including any benifits

*Documentary evidence of outstanding balances on credit card/store cards and any payment arrangements made.

 

I have no problem or issue with this, except i live with my parents at the moment and they won't want to show me there household income as there of no financial link to me, so i presume i just send them my total income and outstanding debts? Thanks

 

Unfortunately, it is household income and that means anyone living in the same house. Unless you have priority debt arrears(rent/mortgage, council tax, utilities) the bank may not pay out any amount unfortunately.

.

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

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  • 4 weeks later...

Well done ! Really pleased for you. Hope it helps your situation and encourages others who are in the same position as you to keep trying.

 

Every little helps as they say.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Well done-will amend thread title to suit.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Thanks all.

 

Please note for anyone else in similar situation, RBS requested income for household, but my family did not want this disclosed to me (or the bank) so i just sent them proof of my income and it seem to be efficient enough for them to award the claim.

 

They have also suspended interest on the balance outstanding and shall hopefully come to a repayment program, the balance after the refund of charges i EST at £1860.00 I'm currently on JSA till i get employment, can anyone advise on a sensible monthly payment to offer them? Obviously i can't afford much at the moment! lol

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  • 3 weeks later...

Well i received a refund of £76.00 from RBS to be applied to my account for 2 failed DD's, they gave me the option to decline the offer and wait for the court test hearings but i only really had a couple of other £10 charges so i just accepted.

 

They have frozen interest but still waiting to hear from there re payments department.

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Ah so we werent talking of 100s of charges then ....

Freezing the interest is nothing short of what they would have been expected to do had you taken this to the FOS.

Dont think 76 quid is going to break their bank.:rolleyes:

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Ah so we werent talking of 100s of charges then ....

Freezing the interest is nothing short of what they would have been expected to do had you taken this to the FOS.

Dont think 76 quid is going to break their bank.:rolleyes:

£76 freeze interest with the FOS under hardship???

 

Martin that isn't correct unless you are meaning something else

.

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

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Yes it is correct.

I have been helping a couple of users with hardship claims.

The FOS consider that the banks are in compliance with banking code guidance for sympathetic treatment if they have taken steps to help.

One such action they deem as compliance within the waiver is freezing interest on arrears or overdrafts on an account.

I have a letter in front of me hear which states this in Black and white.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Is that after they have put a claim through the ombudsman and have got a response?

 

I was chatting to an ombudsman a few weeks ago on financial hardship and other matters so I wanted to clarify that this was the result of the case rather than simply it went to the FOS and interest was stopped.

.

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

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The bank informed that the interest was stopped in one case this was right as the investigation moved on.

They do not do it automatically as soon as the complaint goes to the FOS because they know that they have many weeks / months to play with.

 

Much depends on who you get hold of when you call the FOS-certainly there can be differing responses from a case worker to a senior Adjudicator.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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The bank informed that the interest was stopped in one case this was right as the investigation moved on.

They do not do it automatically as soon as the complaint goes to the FOS because they know that they have many weeks / months to play with.

 

Much depends on who you get hold of when you call the FOS-certainly there can be differing responses from a case worker to a senior Adjudicator.

Have you read the thread on the other forum(no names) where I posted timescales/paperwork etc,etc,?

Max timescale on a clean case is 12 weeks once it hits the FOS(I did discuss paperwork re postage rather than necessarily phone call or online form)

.

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

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