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    • We initially raised a complaint with the finance company who told us that as its over 6 months the consumer rights act won’t apply and we would need to provide evidence of the problem being there at purchase. As we have only just got the report from Mercedes we haven’t been able to submit this within their 14 day timeframe. Is this not the case then? Thanks
    • The previously little-known Chinese-American businessman’s fortune was transformed by the British taxpayer through 11 government contracts worth approximately £4.3bn for lateral flow tests (LFTs) made in China and sold by Innova. Charles Huang says contracts generated $2bn (£1.6Bn) profit   The government fast-tracked the company after its British representatives sent a direct email to Dominic Cummings, the chief adviser to the then prime minister, Boris Johnson, in July 2020. And, a Guardian investigation has found, the fast-tracking of Innova was supported by the then chancellor Rishi Sunak’s team at the Treasury. Innova became for a period of at least four critical months the only company authorised to supply rapid Covid tests in the UK, despite scores of others developing similar kits. At the time, the government spending watchdog raised concerns   Boss of US firm given £4bn in UK Covid contracts accused of squandering millions on jets and properties | Coronavirus | The Guardian WWW.THEGUARDIAN.COM Exclusive: Rishi Sunak’s team helped fast-track deal with firm founded by Charles Huang, who says contracts generated $2bn profit  
    • Welcome to the forum What makes you think that ?   Andy
    • We purchased our Mercedes in September 2023 from Doves in Horsham for £21000, paying half cash and half on finance. We also purchased warranty for life via Ramp as recommended by Doves. On 12th May 2024 the car failed to recognise the key and wouldn’t not open, the AA could not identify the problem so via our warranty the car was taken to Mercedes in Croydon. After 3 weeks the problem was finally identified as water ingress in the drivers side footwell which has corroded and blown various components. After further investigation it was discovered the windscreen was date stamped 2019 (all the windows are 2018 - therefore not the factory fitted windscreen) The leak has developed due to incorrect sealant being used assuming when this was replaced and also water leaking from the seam. The warranty company do not cover water ingress so we are now faced with a bill of £3635. As we are now at 8 months since purchase (problem started at just over 7 months) we are not covered by the consumer rights acts. Would we be covered Sale of Goods Act? We have all the reports for the works being completed but unsure if this should be taken to the finance company or Doves who we purchased the car from. Do we pay for the works and then try and claim it back or should they be paying? Any help would be much appreciated
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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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 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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gargoil V Bank Of Scotland


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I submitted my OH's, 2nd claim on Monday 18th sept, he received the cash in his account 25th, it took 1 week.

I submitted a Summ cause on 29th Aug for my account, handed to Sheriff Officers on 8/9/06 paid the same day as OH's. mine took 4 weeks.

mairi

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Received cheque today, 1 day after return date. Bunch of feckers!! Will waste no time in putting in 2nd claim when it clears. Haven't had time to read up on English process so will just submit through Scottish Courts!!

 

PS C'MON THE SCOTS AGAINST FRANCE TODAY!!!!!! :D :D

 

Round 2 Starts here..............................

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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VA VA VOOM!!!! VIVA ECOSSE!!!!

 

Scotland 1 France 0

Gargoil 1 BOS 0

 

I'm sure I can get a second away soon!!!!Court papers drafted and ready to be handed in on Thurs when cheque for first claim clears!!!!!

 

:D

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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good for you. i am now having problems. submitted 3 small claims and 1 summary cause to dundee court last week. they called me friday to say that the Sheriff is returning them cos he doesn't have jurisidction and I have to claim at the home court of the organisation. Sounds like a cop out to me. anyone know what i can quote back at him to show i can go through my local court.

 

On a brighter note, was at Hampden yesterday. Whatn atmosphere and what a result. Things are looking up

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What banks are you claiming against tamdolan? Do you have a thread for them in the relevant section? Did you include wording in the particulars of claim along the lines of "The defendant has a branch within the area so it is within the jurisdiction of the court."? I've also had court forms recently returned to me against Cap 1 and Smile and am trying to find out what th ebest thing to do is now but am not sure!!!

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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Have just noticed that it is a bankers draft I have received and not actually a cheque so I will waste no time in putting new claim forms in. For round 2 I will be claiming £732 with £57.02 in interest so with court fee gives a grand total of £828.02.

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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Guest willowb

Hi gargoil....well done!:D

 

Just one thing though, make sure that it's ok to go straight to claiming for the rest, I'm not sure about this. There are procedures to follow with each claim, if it did go before a judge then you need to prove that you've given them enough time to pay up before you filed a claim.....don't give them any amunition!!

Please just be sure.

 

Wxx

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Ok if theres doubt for the sake of a week I'll send them a 7 day LBA! I already have it drafted up anyway!! :)

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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My hearing date is supposed to be this Friday and I am only today writing to the court to state that the claim has been settled and could they dismiss the claim. I don't want to send in the round 2 summons at the same time as technically round 1 is not finishe duntil the sheriff dismisses it. I will send the 7 day LBA and then post the summons on Friday so the court has them next Monday (the 7th day). I'm in no great rush as I have 3 other claims at court stage now and will have another one by next week.

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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7 day LBA now posted for all 3 accounts, am still waiting for DPA SAR info on 4th account which I'll now chase them for!! ;)

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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Court papers posted off this morning. Will see how long they wait to pay out thi stime. Just decided to go through Scots small claims again for simplicitys sake this now.

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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  • 3 weeks later...

Took there time but I finally have my details in from the court:-

 

Return Date :- 05/01/2007

Hearing Date :- 12/01/2007

 

Small Claim Allocation:- SA1253/06

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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Hopefully will be paid out quicker this time! :)

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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Am getting loads and loads of calls from Retaol bank collections. Though most times I answer the phone there is no one there. The last twice when there has been someone there I have asked if it is ok to record the call they have hung up. I have registered a complaint at customer relations who are aware that I have an outstanding balance of £1000 but have £1500+ of charges on the account. How can I get them to stop calling. I'm in the middle of a court action for an other account!!

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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  • 4 weeks later...

Have been receiving lots of phone calls from Blair, Oliver and Slut recently and several letters. Got a letter in yesterday stating they will atsrt court action on 28th Nov etc etc. This is for my account which is sitting £1100 overdrawn and I stopped paying in July after I found there is £1507 of charge swaiting to be claimed. Have been preoccupied with court actions against BOS in regards to another account. Sending Blair Oliver and Slut this letter today. I think they'll like it.... :D

 

Blair Oliver and Scott Ltd

PO Box 66

Rosyth

Fife

KY11 2WG

 

26th November 2006

 

LETTER BEFORE ACTION

 

Your Ref: - xxxxxx

 

In response to your letter dated 21st November 2006 threatening legal action and frequent phone calls, all of which have been logged and I am considering reporting to the Police as harassment.

 

At this juncture I would openly invite you to take court action against me in relation to this matter. I will not be making any payment to yourselves or your client if you do not do this.

 

On my receipt of your court summons it would be my intention to counterclaim for the £1507.00 of unlawful penalty charges that have been applied to this account. I have been in communication with your client already to ask for the return of this sum.

In my counterclaim I will also be asking for 8% interest on each charge which today totals £360.03. As well as this I will also ask for a sum to cover my costs in preparing a counterclaim. The total for this would be £194. A full breakdown of this amount will be provided when I submit my court papers.

 

Your client has also registered a default in my name with the credit reference agencies. I feel this default exists only as a result of these unlawful charges. I will also ask the court to remove this default at their discretion. This default has caused me considerable trouble in getting subsequent credit, including a mortgage at reasonable rates. It would be my intention to ask the court to award me a sum to compensate me for my extra expenses incurred as a result of this default.

 

I reserve the right to start legal action against your client at any time as sufficient time has already been granted to them on this matter. You have a very short period of time to act. A schedule of charges applied to this account is included.

 

Yours faithfully

 

gargoil

 

 

edit:- Oh I deliberatley didnt put Dear Sir as they don't!! ;)

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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Still not heard anything about my current court action (my 2nd against BOS) they are certainly taking their time!!!

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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How'd it be goin Willow!?! I hardly get any free time to spend on here now! But I am keeping on top of the banks! ;)

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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Guest willowb

Good thanks....still battling but feeling more confident now:)

 

I haven't read your thread here yet.....are you having problems? I'm sure you have everything under control:cool:

 

Wxx

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Summary of this thread..

 

3 accounts:-

 

(1) Balance £0 Charges £1500+ (£750 already claimed)

(2) Balance -£1100 Charges £1500+

(3) Balance £0 Charges £400+

 

Have taken 1 court action and am in the middle of the second one for account (1). Blair Oliver are chasing the £1100 overdraft on account 2 which also has a default notice registered. Blair Oliver can chase all they want this now but I'm leaving that account till last to handle just to **** them off. I'd be fairly happy if they started their own action against me and I could counterclaim. Am thinking of sueing them also for costs for more expensive credit that I've had to go for as a result of their default as well. Am not sure how I'd calculate/demonstrate this for a court though!

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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Guest willowb

With difficulty!!! You'd have to get evidence....but how????

 

Are you paying anything off the overdraft? why not send a prelim? then by the time you have finished your first claim you'll be ready to file for the next? Looks like you'll have no problem getting the default removed because of the amounts involved but you don't want it getting to CCJ stage as it'll get messy and a CCJ is more difficult to get removed but not impossible.

 

You're a fighter aren't you!!!!

 

Good on you;)

 

Wxx

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Already went through prelim/LBA stage for all the accounts and am just sending out 7 day LBAs between claims. Don't think it'll get to the CCJ stage as if they start action I will counterclaim against them and then there can only be one winner. No points for second best!! ;)

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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Guest willowb

Oh sorry...hadn't realised you'd got that far with all of them! Of course they can't do a thing!!!

 

You are having fun aren't you:p

 

Wxx

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