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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
      • 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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I Won! Against Rbos


hostie
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HELP!!!

I started filling in Moneyclaim and then saved. Now that I have gone back to finish it the moneyclaim site it is not giving me the s.69 county courts act interest statement which it gives you the first time you go there (on stage 5). Does anyone else know this statement? I need to include it in the particulars of my claim and can't finish my moneyclaim online without it.

 

Also I did not add interest onto the innitial claim that I sent to my bank as I was only interested in reclaiming the referral charges (and I am very poor at maths). So now I am wondering if this will be a problem. If anyone can help I'd be extremely grateful. I am really keen to finish the Moneyclaim as I am late and I worry that the longer I leave it the greater the chance of the banks defending.

 

 

Please please help if you can. Thanks and good luck everyone with their claim.

PS if you are not at the money claim stage yet, persevere - RBS offered me less than half prior to this stage.

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Hi there, when you refresh your page what happens when you tick the box that says 'do you want to claim interest?' or somthing like thta . It should bring up the box for you with the correct wording.

 

if it still doesn't work then here is a quote from mine - you will of course have to add in your own dates and figures :)

 

I also claim interest under Sec.69 of the County Courts Act 1984 at the rate of 8% a year from {start date}to {date of claim}of {£amount}and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {£daily rate}

 

There are almost as many views on whether to claim interest and at what rate as there are threads on this board - well not quite but you get my point ;):D As far as the Statutory 8% under Sec 69 is concerned you cannot claim this until you get to the MCOL/Local court stage anyway so it's not really worth mentioning it any earlier. A far as claiming other additional interest if you want to go to the trouble of working it out then it would have been better to mention it as part of your original claim. Best thing to do is a search for 'interest' on this board and look through a few of the theads dedicated to this topic then make your own mind up.

 

My personal advice would be to leave it now unless it is going to be a substantial amount. By sticking to the charges and statutory interest you are leaving them with very little room for manouvere. IMHO the less they have to argue over if it gets to court the better and more likely it is that they will fold before then and offer to pay the lot anyway. Have a check round and make your own mind up though.

 

Cheers, Shanks

  • Confused 1

Prelim sent May '06

LBA sent June '06

Fob off now rec'd to the prelim

Copy of fob off now rec'd as response to LBA!

Full repayment of all charges since 1997 now received.

Account Closed

Donation made :)

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Thanks a lot. I didn't want to claim the interest from before as it seemed to confusing. I just thought that it might prejudice my case. You have reasurred me and also I got some help from BigCol. The refresh thing doesn't work. I even started a new online claim to see if it came back but it doesn't. I now have the info I need though. People here are really helpful. Thanks everyone.

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Hello, I have just filed my MCOL. BigCol has helped me by pointing out that I should send a copy of the charges I am claiming to MCOL and has given me an address (below). I seem to need someone to hold my hand at every step of the way ...

and just wondered if there is a particular letter I should include with it or if I just improvise a short one with my claim number and saying that I am including the list of charges. Also, should I send it recorded delivery? Any help appreciated.

Thanks

 

The address BigCol gave me in case anyone else needs it is:

 

The Court Manager,Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

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Hello, I have just filed my MCOL. BigCol has helped me by pointing out that I should send a copy of the charges I am claiming to MCOL and has given me an address (below). I seem to need someone to hold my hand at every step of the way ...

and just wondered if there is a particular letter I should include with it or if I just improvise a short one with my claim number and saying that I am including the list of charges. Also, should I send it recorded delivery? Any help appreciated.

Thanks

 

The address BigCol gave me in case anyone else needs it is:

 

The Court Manager,Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

I would be pleased to know this one also - I filed on 22nd july

Consumer Health Forums - where you can discuss any health or relationship matters.

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Oh I also wanted to let the moderators know that I tried to get my case put on the litigation thread but I think Bankfodder is on holiday and is not accepting personal messages and Dave's PM box is full. I don't know how important it is to the system that they have this info.

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Oh I also wanted to let the moderators know that I tried to get my case put on the litigation thread but I think Bankfodder is on holiday and is not accepting personal messages and Dave's PM box is full. I don't know how important it is to the system that they have this info.

 

I sen mine to alanfromderby who kindly put it on for me.

Consumer Health Forums - where you can discuss any health or relationship matters.

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  • 3 weeks later...

Hello, I recently won and am thinking of not cashing my cheque so that I can go to my local paper and ask them to do a story.

 

The main reason for this is that I feel that it is the poorest people in society who have been hardest hit by this and it is those same poor people who could benefit most from getting their money back. Sadly not everyone in that position will be as much of an internet nerd as me and I just thought that if people saw a local in the paper it would make them realise that it is possible.

 

I'd obviously like to cash my cheque - at the end of the day it is, I feel, my money (apart from the portion that is ethically due to this site ;) ) BUT it says in my letter that by accepting this 'goodwill payment' I agree not to disclose to any third party the fact of, or any details relating to, this payment;

 

Obviously if I went to a local paper it would not be for financial reasons.

 

Any thought on this. If anyone knows a way round the confidentiality agreement that would help. I just wish I could tell everyone I know about the banks and this site and that it is possible. I already told the postie in rather a loud embarrasing voice when I got the cheque :oops:

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Hello everyone rather than post this individually I would just like to tell people that I won this week and got a cheque sent to me. Part of the deal is that I don't disclose this to a third party. I am wondering what can happen to me if I do? Does anyone know? I already put another thread up about going to my local paper to try to inspire other people to do the same but I am not sure how wise that would be. Perhaps I could be sued for breaching the contract.

 

Anyway good luck everyone and don't worry IT DOES WORK!

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Guest NATTIE

The way around the confidentiality agreement is by not accepting it as part of the settlement and thereby allowing you freely to go to the press. Alternatively you can still go to the press without mentioning which bank was involved, for example, an unnamed high street bank. By telling your story you are not in breach of the confidentiality agreement because you would not have said which bank it was. Just a few thoughts

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Hello :)

I don't know about the confidentiality, but If you want to go to the papers, why don't you try contacting the nationals? They all like running stories on these cases at the moment, I read two yesterday about bank charges. The story might be smaller, but it'd reach more people. They all have that, got a story to tell? ad on the first few pages.

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Hi natweststaffmember,

It says in my letter:

Acceptance by you of this goodwill payment will be in full and final settlement of your claim against the Bank and strictly on the basis that:

you agree not to disclose to any third party the fact of, or any details relating to, this payment;

you write to the court withdrawing your claim.

 

So I guess if I go to my local paper I can't cash the cheque as by cashing the cheque I am accepting their terms I guess. As for your idea vikiross - to go to the nationals, I am not sure that I am brave or brass necked enough to do that. I guess I just wanted to go to my local paper as I felt a local face would encourage people. Still not sure! Perhaps I'm not brave enough to go to the press. anyway in the big newspapers it is old news now. The Sunday Times had it on the front page on Sunday.

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Did they settle? I would have thought you could avoid signing an NDA as if they refused to settle without one, they'd only lose in court. And congratulations by the way.

Royal Bank of Scotland - settled

 

seaweasel is not a lawyer

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Guest NATTIE

Have you signed it? If you haven't then cross out the clauses and state that you will accept the settlement for this claim but do not accept any confidentiality clauses imposed. If you accept the confidentiality side of things the bank may pay out to people but they win your silence to a degree. Why let the banks dictate the terms of returning what is rightfully yours. I do TOTALLY agree with going to the local paper because people will associate locally to someone who has won.

Just a point on the Sunday Times thing, BBC news review of the papers on Sunday brushed over that headline to the Lebanon story underneath it

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NatWest, right?

 

All you have to do is write back and say this: "I do not accept any condition to be imposed on MY claim, and am not prepared to accept confidentiality as part of this settlement.

Please advise whether you are now prepared to defend my claim in court, in which case I shall return the cheque to you, or whether you are prepared to withdraw your ridiculous attempt to impose conditions on MY claim, in which case, I shall cash the cheque and notify the court the claim has been settled once the cheque has cleared. You have 7 days to reply. "

 

They'll cave.

 

Oh, and if you have doubts, have a read at my Natwest thread, they did the same to me. Well, they tried to do the same to me, should I say. :-D

 

PS: 4 threads merged, please stay on 1 thread, it makes things so much easier for all to follow!

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Hi there,

Thanks everyone for the advice. I am going to take bookworm's advice and then I will hopefully (if I still feel brave enough, as it is you must all agree, quite an embarrassing subject) go to my local paper. If I get into any trouble I will come back and let people know so that other people don't make the same mistake. I do feel that as a matter of integrity, people should try to get the word out. It is the poorest people in society that banks have been levying this charge on.

 

Sorry if I posted the same story on 4 threads. I just wanted to tell EVERYONE!! :)

 

Good luck everyone and thank you for your advice.

 

hostie

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Congratulations Hostie, What stage did you get too before they settled ???

Statements Recieved:19th july 2006

1st letter sent: 20th July 501pounds

1st letter received:21st July looking into it

2nd letter received:

27th July offering 81pounds as goodwill gesture

Sent Letter back :3rd August asking to reconsider before action.

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Bookworm, you are a genius! I wrote a letter with similar wording to yours and received a reply today saying that they had removed the conditions on my settlement. :)

I have to admit I felt a wierd and possibly dangerous sense of power!!!!

 

Mrs M, just to clarify for you - I won at the moneyclaim online stage. About a week to ten days after I started my claim online I received a cheque from the bank.

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Well done Hostie Congratulations

Statements Recieved:19th july 2006

1st letter sent: 20th July 501pounds

1st letter received:21st July looking into it

2nd letter received:

27th July offering 81pounds as goodwill gesture

Sent Letter back :3rd August asking to reconsider before action.

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Hello everyone rather than post this individually I would just like to tell people that I won this week and got a cheque sent to me. Part of the deal is that I don't disclose this to a third party. I am wondering what can happen to me if I do? Does anyone know? I already put another thread up about going to my local paper to try to inspire other people to do the same but I am not sure how wise that would be. Perhaps I could be sued for breaching the contract.

 

Anyway good luck everyone and don't worry IT DOES WORK!

 

Congratulations... can I ask are you in Scotland or England and what stage did it get to before they settled?

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