Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


  • Tweets

  • Posts

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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
      BankFodder

      Picked By

      BankFodder,
    View All

  • Recommended Topics

Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

jad vs MBNA

jad

By jad
in MBNA

 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6442 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

jad

jad

Posted
Posted

Sent off my DPA request on 8th June.

 

Received standard "We'll deal with it within 28 days" letter on 17 June.

 

Appears to have the usual Gareth Tunnicliffe contact details.

 

As of today (23rd) no further correspondance though.

 

Cheque for £10 not presented yet.

Link to post
Share on other sites
LondonPam

LondonPam

Posted
Posted

If they are doing what they have done to many people, you will received your cheque back along with a list of all your charges, not a ful DPA request. Apparently, according to a conversation I had with Gareth yesterday, they assume that the list is all people want as they know we are chasing our charges. They will supply you with a full DPA if you send it back again!

Pam.

 

If anything I've said helps you then please feel free to tip my scales!

Link to post
Share on other sites
pj41

pj41

Posted
Posted

They've done that to me - just a statement and not the full DPA info. I've requested this from them again, but they wanted additional ID which I have supplied them with. I've just heard back from them saying that my 40 days started from when they received the ID required and not from my original request. I suspect this is a delaying tactic. Can I insist on the 40 days starting from my original request?

Link to post
Share on other sites
  • 3 weeks later...
jad

jad

Posted
  • Author
Posted

Received list of charges on 11/7 and sent my request for refund on same day.

 

Letter signed for on 12/7/06.

 

Received standard reply letter saying "we will deal with your complaint within 28 days of receipt"

 

This letter was signed Rachel Claridge, Office Manager.

 

 

My timetable is still ticking away, and I will be sending LBA on 26 July..if nothing heard.

Link to post
Share on other sites
  • 3 weeks later...
Glenn UK

Glenn UK

Posted
Posted
They've done that to me - just a statement and not the full DPA info. I've requested this from them again, but they wanted additional ID which I have supplied them with. I've just heard back from them saying that my 40 days started from when they received the ID required and not from my original request. I suspect this is a delaying tactic. Can I insist on the 40 days starting from my original request?

 

I think depends is the answer as to when you can expect the 40 days to start.

 

I understand they are allowed to determine if you are who you say you are, so if you have changed address or something like that then its reasonable for them to make sure of your id.

 

If on the other hand you have provided an address and details which they normally contact you on and there has been an ongoing relationship then as far as I can see there is no reason why the 40 days would not start when the letter was reveived by them.

 

Note its when the SAR is received not when they cash the cheque. They have a right to charge a fee, by sending it you are oinly making sure there is no delay in them processing you request by them having to ask for it.

 

If they dont bank/cash it its their problem.

 

I would see if anyone else comments, preferably one of the mods if your worried since I am not a legla expert only givign what to me seems a reasonable viewpoint.

 

HTH

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

Link to post
Share on other sites
surreyscouse

surreyscouse

Posted
Posted

Agree with Glenn.

 

Cheque received then fine and usual addresses used even better. 40 days from date of receipt if you ask me. (For what it's worth)

 

The Dpa (the actual act) says 40 days from receip of satisfacory confirmation of ID. However, if they write at the address on record then surely that's enough, in which case they are happy to send statements to that address then surely they are happy to send any other correspondence to that address without any need for further ID. All horlicks if you ask me and they twist it for their benefit.

Link to post
Share on other sites
gerrymc

gerrymc

Posted
Posted

Hi,

When I got my statement in I discovered that they have credited my account with my cheque for the SAR. I phoned to query this, and the customer services guy eventually got a handle on why I had sent the cheque said 'I think it will cost a lot more to get all your statements' He wanted to put me through to his supervisor, but I said no, if you have received my cheque, you'll have my SAR request, so it's of no relevance to me what you decide to do with my cheque. Your 40 days are still counting down.

Any views if this was the correct thing to do?

cheers,

Gerry

Link to post
Share on other sites
surreyscouse

surreyscouse

Posted
Posted

was your letter sen RD ? If so then no worries on your part. Another example of inept practice from MBNA. No probs, sit tight and see what happens after 40 days. Fromwhat you've said, sounds like nothing to me, up to you if you want to give them a shove, i'd stitch them up if it was me !

Link to post
Share on other sites
barracad

barracad

Posted
Posted

Yes you are quite right - if they have received your SAR then the 40 days are counting. If they decide to credit the £10 to your account then that's kind of them, but they still have to comply with your request within the 40 days.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

Link to post
Share on other sites
gerrymc

gerrymc

Posted
Posted

Thanks for the feedback. :) Letter wasn't sent RD, but I'm going on the basis of - 'you received the cheque that was attached to the letter, so you've got the letter'. 27 days and counting!!

Link to post
Share on other sites
jad

jad

Posted
  • Author
Posted

I chased up MBNA last week, and have now received a "final offer" letter from Steve Bailey.

 

They still claim their charges are fair, yet also tell me how they have reduced them to the OFT suggested £12......and refer me to the OFT information. Again, a standard reply, because I already brought this to their attention.

 

They have credited my account with £510 as final settlement, which seems a common ploy according to threads here.

 

The funny bit of the letter, which is obviously a template, is that they say that I am such a good customer, and value my custom....which is not possible because the account was suspended by them 3 years ago.

 

Rather than issuing the Moneyclaim straight away, I plan to call them on Monday and see what I can get them to do. If that fails, I plan on issuing the claim.

Link to post
Share on other sites
  • 4 weeks later...
jad

jad

Posted
  • Author
Posted

I wrote back to steve Bailey on 14 August, giving him 14 days to reconsider the position.

 

As of today I haven't heard anything back from them. (18 days).

 

So, I have the claim ready to file - but will contact the Customer Advocate office first, to see if there is any last minute offer on the table.

 

Otherwise another MCOL will be filed !

Link to post
Share on other sites
gbzstro

gbzstro

Posted
Posted

I would go straight with the MCOL - they have had there time already and you get the extra 8%.

My advise if free and is worth exactly as much as you paid for it….

 

HSBC 28 Oct 2006 Personal accounts ~ Offered and accepted ~ £3514 :)

HSBC 15 Sep 2006 Business ~ Offered and accepted ~ £4980 :)

MBNA 7 Sep Offered and accepted £2290 - (my amount £1170 plus Compound Interest) using the "phone call method" :o

FREEWAY 28th Oct ~ offered and acepted £506 :)

TSB VISA MCOL £300 - court date 27th March 2007

Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...