Jump to content


  • Tweets

  • Posts

  • Recommended Topics

  • Our picks

    • 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
        • Like

Blemain - yet another angry customer


saraho
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2534 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

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

 

Thanks

Recommended Posts

I'm another person who has fallen into the trap of taking a loan with Blemain, condensed story below but essentially looking to see if anyone can help with their most recent responses.

 

1) Took a loan in 2007 & fell into arrears, was in court 6/7 times, lost my marriage in part due to harassment from Blemain and last month completed on house sale to prevent repossession.

 

2) submitted a SAR for charges, notes etc which they returned but didn't include underwriting sheet.

 

3) Have already claimed some costs back (still awaiting reply)

 

4) Sent a letter over and above SAR requesting underwriting sheet, citing potential fiduciary breech and quoting Wilson v Hurstanger, as notes showed commission paid to broker (Ocean Finance) but this wasn't explicit in loan agreement.

 

5) Sent two further letters, under CPR 31.16, one requesting underwriting sheet and another requesting evidence of the buildings charges paid by them.

 

6) They have replied to CPR letter re underwriting sheet with a copy loan terms and conditions but no underwriting sheet, stating I need to outline my legal argument for the request and that their legal team contend it may be time barred anyway. Their reply also refers to my letter citing Wilson v Hurstanger and says they will answer this separately (so they obviously know my legal argument).

 

My questions are surely I've already outlined my legal argument and can fiduciary breach be time barred, or are they simply trying to stall me? sorry for the brain dump

Edited by Andyorch
Paragraphs
Link to post
Share on other sites

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Click Here To Make A Donation

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

Link to post
Share on other sites

  • 1 month later...
  • 8 months later...

Belated update on this one - I recovered some buildings insurance charges plus late payment charges etc. Not a great deal but enough. Complaint about unfair relationship is on hold due to FCA ruling on Plevin coming into effect at the end of last month. I called Together today for an update and was advised that FCA have given them until August to deal with all existing Plevin complaints but that they hope to conclude these much sooner. Nothing I didn't know already but it is an update of sorts

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...