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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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Successful Claims


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Hi,

 

Not posted before but thought i'd let you know.

I had a claim for £850. A&L didnt even offer to settle, dragged me all the way to court. I went in on the morning after the OFT case was announced. I was sure there was gonna be a problem. Barclays had some a solicitor there asking for a stay on all their cases that day. Thankfully noone from A&L.

I went in and the judge said he was ruling in my favour even before i had sat down! Full amount even though I had made some errors in my calculations. Then he said i woul get my £80 court fees too, and even asked if i had any expenses due to the court date, and awarded me £50 for days work, which is the maximum he is allowed.

So £980 all together, I think he is a bit bored of the whole thing!!

A&L have not yet paid up but its only been a week. Maybe thats another battle??

 

Keep it up guys!!

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The Oxford CC have thrown out the A & L defence and awarded me the judgement!! A & L failed to submit their skeleton defence in time.

 

Wragge & Co have today tried to settle for a lower amount after being given 3 opportunities to do so earlier! Why would I want to settle now when I have won!

 

I will now resubmit a full claim including all the updated interest charges, court fees etc (£3300) :) and also try to get some money back for the time I have spent dealing with this. I understand that the judge may award this to me but they don't have to.

 

Has anyone else managed to get anything back for personal time?

 

Thanks for all the advice

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  • 3 months later...

I finally won after threatening court etc. After July it became nearly impossible, until I sent A&L copies of my debt management plan, income & expenditure, etc and asked them to reconsider my claim on an individual basis. They repaid me immediately - £557!!

Banofi :|

Lloyds *WON* £1469.82 :-D

NatWest *WON* £1177.00. :-D

Morgan Stanley *WON* £112 :)

Barclaycard *WON* £144 :)

Nationwide LBA 22nd Sept 2006. Court claim filed for £5792.29 31st July 2007.

Lloyds Credit Card flatly refused to pay me on 11/12/2006.

Egg Credit Card. Small offer made (£24.00). 17/2/2007, refusal letter sent 18/2/2007.

Useful links:

www.versiontracker.com/dyn/moreinfo/macosx/23608

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thanks for the info banofi, I think I'll try sending something like that before going to court . motley fool website recommended I do this despite current bank charges situation with the oft etc, congratulations anyway on your win!!

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  • 2 years later...

I take it that's not the total you claimed.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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I claimed a and La few months ago under the hardship rules. Initially rejected but I phoned and appealed. Subsequently they repaid all my charges direct to my account. Unfortunately I still managed to accrue more charges. Last week I asked if my account could be transerred to their Choice Account. No problems and on riday I unexecpectedly got all my latest chares repaid into my account. Result!!!!!

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  • 6 months later...

HI I won my claim - I was refunded all £522. I attach the letter I sent them below which might be helpful for people in a similar situation. Good luck!

 

Dear Sir/ Madam

I write in reference to the account above and the unfair charges that have been applied, currently at £422.57 (and due to have another £100 fee applied on 29th April) –

  • This account was opened in parallel with a savings account that matured after 12 months
  • After the savings account matured and closed, the current account remained open.
  • I have not used this account for a significant amount of time and hence the balance was zero before the charges were applied
  • Letters informing me of these under funding charges and unauthorized overdraft charges (caused by the under funding charges) were sent to my parent’s address of XXXX where I no longer live and consequently I only received them when I went to visit on the 3rd April. After opening the letters I visited the Alliance and Leicester XXX branch on the same day and spoke to a sales advisor who passed on the complaint to your Complaints Team for further investigation and changed my contact address to the one at the top of this letter.
  • I have since been refunded £25

I am thoroughly unsatisfied with the outcome. I feel that I have been taken advantage of given that it was obvious from the activity on my account that I had not used the account in months and therefore was not aware of the funding requirement.

To settle this, I am willing to pay a fee of £100, which I believe is entirely reasonable.

If my offer is not accepted and I do not hear back from you in writing at the following address (XXX), within 2 weeks, I will be refering the matter to the Financial Ombudsman Service.

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