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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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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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No response from BOS - what now?


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Hi

 

I sent a letter demanding my charges to BOS on 7th April and I haven't had a reply. I contacted the Cusomer Relations but they could not tell me whether the letter had been received (a think they were possibly just saying that to buy more time though!). I assume that I go ahead this Friday with Court proceedings even though i've had no word from BOS?

 

I am finding this all a bit scary I must admit - family and friends keep saying "What if you don't get the money back?" and things which just makes me more wary!! But I will not back down! The only thing is if it goes to court I represent myself?! I have no clue about all that but 'spose I will cross that bridge if (or when!!) I come to it!!

 

I'm just glad I can come here and get some support. Any help anyone can give would be most appreciated!

 

Scotlass99

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Hi,

 

Keep your wits about you, don't let it daunt you and stick to your timetable. If you gave them 14 deays to respond, then let that time expire. If your next step is raising a claim, then do so, otherwsie send the second letter.

 

What the banks want, more than anything, is for people to lose their nerve, and then hopefully they will go away...we won't do that here, because it is our money and we want it back.

 

Hang in there and good luck.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Okay, just phoned BOS to see if they have received my letter..and surprise!..they haven't. So I am about to fax it now! I take it I now give them another 14 days? The lady on the other end said my letter could be sitting waiting on someone picking it up but she said if it was with the correct person it would have been scanned onto the system and she would be able to see it on the screen!

 

I think I have probably made a small mistake too..I sent one letter asking for all my statements for last 6 years (although have since seen that might only get 5 years in Scotland but will go with six anyway!), got them, then sent a letter asking for my charges back, gave them 14 days or take them to court. I think I possibly missed a letter asking for it back and giving them 14 days before I should have sent the final letter but ho-hum it's done now!!

 

Anyone know about the 5 year thing in Scotland, i've seen a couple of peeps asking but no replies...?

 

Thanks

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The link I think it refers to is at :-

http://www.consumeractiongroup.co.uk...hread.php?t=92

 

It's referred to in the "quote box" from BankFodder and a useful contribution from the Govan Law Centre.

 

I've also e-mailed Govan Law Centre itself to get confirmation but haven't heard back from them yet.

 

Hope this helps.

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So I am about to fax it now! I take it I now give them another 14 days?

 

Hell NO! If they can't sort out their internal post, that's their problem!

 

Let's see: If you were away for 2 weeks, you come home and there's a letter from them demanding payment that came the day after you went away... Do you think they'd let you have another fortnight's grace? What do you think?

 

They will try anything, say anything, do anything to stop you getting your money back. Remember that at all times.

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Firstly thank you to all for your support, it astounds me the amount of help and support there is available to numpties such as me!! Heehee!

 

Okay, so I sent the fax, but I said on the bottom this was the second copy I was sending, and that I would give them another 14 days (Okay, my bad, I should have stuck to the original 14 days, but I just thought I would give them the benefit of the doubt, am kicking myself now!!) so I really should give them an extra 14 days eh?

 

I am also wondering if I would be eligible for a reduction in fees as I am without a job at the moment?

 

Thanks again for all the help guys!!

 

Scotlass99

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  • 2 weeks later...

Okay, got a phone call from a lady at BOS offering £354 so she said she would send out a letter. Got the letter this morning, it said it was a "full and final settlement" so I take it I can now start my court action? Where do I do this? I hope someone can direct me as Moneyclaim which has been spoken about, is only for England and Wales. Hope someone who has gone through this court procedure in Scotland can help me out as to where I get the forms and the likes...hope so..

 

Thanks muchly..

 

Scotlass99

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  • 1 month later...

So, since I was last on here I have lodged my claim at Alloa Sheriff Court. The return date is 30/6/06 and the Hearing is 07/07/06. I've had the claim in for about 3 weeks now and haven't heard from them to say they are going to pay up. I have been looking about and a lot of people claiming against the BOS have had a settlement within 2 weeks...should I be worried?!

 

Also, the nice people at BOS have since put three additional charges on my account so the original figure has now gone up about £160!! See..if they had just paid up when I asked them to.....

 

Scotlass99

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  • 2 weeks later...

Since I was last on here BOS has agreed to refund the £706 in charges plus £39 for court fees. However no mention of interest. I have calculated, using the online tool, that I am due £814.63!! Is this correct? I have defo put the correct dates on but it seems a lot of money? I would appreciate it if someone could clarify if this is correct before I send my letter!

 

Please reply someone!

 

Scotlass99

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I would think the interest is about right. They are trying to fob you off without paying your interest. Personally I would wait it out but that is a descision only you can make. They will settle if full if you keep to the plan!!

 

 

Woolfie

Advice & opinions given by Woolfie are my own, and are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 12 years later...

This topic was closed on 2019-03-08.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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Please

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That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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