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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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Bathgatebuyer v Smile ***WON***


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Righto, they've annoyed me. Despite being reasonably impressed by their online service, I cannot take their inconsistent approach to customer service (i.e. sometimes we write, sometimes we don't, sometimes we cancel all your direct debits without warning, sometimes we take away your overdraft without warning leaving you at a petrol station in the highlands with less than quarter a tank and no way of paying for more to allow you to get home safely.................you get the idea).

 

Final straw has been to just suddenly cancel everything on my account, demand my card back threatning court summons, etc, if it's used because a direct debit for under a fiver bounced! I've had problems previously while setting up direct debits and standing orders because I moved from getting paid monthly to 4 -weekly which is a nightmare! My salary goes into my account on Friday and I have no way of getting it as I don't have my card anymore.

 

So, prelim letter has now gone to them saying, "Give me my money", close the account and send me a cheque for what is left.

 

They can quick that jibba jabba, crazy fool.

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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  • 3 weeks later...

Have you sent your LBA yet?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, 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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Not yet, they've had the prelim letter with the LBA due in a few days time.

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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  • 2 weeks later...

LBA has now been sent claiming back just under a thousand pounds - let's see what happens over the coming fortnight!

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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And a secure message in response to my LBA sent by recorded delivery and secure message?

 

We have received your letter about the charges on your account. You should have received a letter from us letting you know that we are looking in this for you.

 

However, we work to timescales set by the Financial Services Authority. We are allowed up to 4 weeks to reply to your initial complaint. However, law allows us a maximum of 8 weeks to respond to your complaint. If we need anymore time after the initial 4 weeks we will let you know either by secure message or written letter.

 

I think not!

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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Hello there Bathgatebuyer,

 

Looks like our claims are both at a similar stage. Am I correct in thinking you're also in Scotland?

 

If so which route are you planning to get your money back?

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Yes, also in Scotland! To be honest, I'm quite happy to use the English system to get it all back at once. I used Newcastle County Court for both Nationwide and the Halifax claims and found it fairly straightforward. Would be happy to follow that route again!

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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I don't know what the problem is with Smile - even this month they refused to allow my mortgage direct debit even though there was a balance of £3K in the account and the payment due was for £700!

 

:( No smile here!

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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It is indeed - wee person, wee mortgage! Luckiily if I tried to by my place now it would apparently cost just under 3 times what I paid for it, so I don't envy my new neighbours!

 

LBA deadline for Smile with me today. Nothing in my account, no secure messgae response other than the one telling me that they had an 8 week timetable.

 

Oh well, they have until tomorrow at 5pm (because I'm feeling generous) and thereafter I'm applying to the Courts.

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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I've just done mine manually using my own address with Newcastle County Court - on the off chance I need to go it's a fw hours on the train!

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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Only if you do it online via Moneyclaim - manually Newcastle County Court have previously accepted mine for both Nationwide and Halifax so no great problem.

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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  • 4 weeks later...

Another victory against the banks! All monies now in my account from Smile!!! Woo hoo!!! Time to change my signature too!

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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Hi bathgatebuyer. Just wondering if you had actually filed a court claim before smile coughed up? How long was it from sending your LBA to payment? Was there any correspondence between you and smile after the LBA?

 

I am eagerly following the progress of recent payouts and have noticed that smile is strangely putting in a defence against planet_moomin. Did you get to this stage?

 

My LBA is due to be sent this Thursday and I'm interested about what I can expect from smile. My gut feeling is that they're still one of the nicer banks to deal with and as a result they are snowed under with claims (wohoo!).

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I didn't have to file the court claim - I had it prepared but never sent it (due to being busy with work stuff rather than anything relevant to the case). The weekend I was going to send it, I received a letter from Smile advising that they would put the money into my account. A day later, there it was! That was just within the 8 weeks timescale that they appear to be putting on these things.

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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Missed this one. Belated congratulations.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, 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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congatulations bathgatbuyer, if I get my money in 8wks I'll be happy to wait, I sent mySAR and it was recieved and signed for on the 2/5/7, haven't heard anything back but sent a secure msg on the 25/5 asking politely how it was comming along, just wait and see now i guess.

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