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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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Hi all got a letter today from YB. it say

 

 

RE; CLAIM FOR REIMBURSEMENT of FEES,

i REFER TO YOUR LETTER REGARDING YOUR CLAIM FOR THE REIMBERSEMENT OF FEES APPLIED TO YOUR ACCOUNT OVER THE LAST 6 YEARS WHICH YOU CONSIDER UNLAWFUL.

 

THE BANS POSITION REMAINS THE SAME AS OUT LINED IN OUR PREVIOUS CORRESPONENCE.

I AM ALSO AWARE THAT YOU HAVE ALREADY LODGED PARTICULARS OF CLAIM WITH YOUR LOCAL COURT WHICH TAKES PRECEDENCE OVER THE BANKS COMPLAINT PROCESS. ANY FURTHER CORRESPONDENCE WILL 0RIGINATE FROM THE BANKS LEGAL DEPT.

 

 

YOURS SINCERELY

 

 

AQU-CHARGES SECTION

 

CANT READ SCRIBBLE FOR SIGNITURE

 

 

 

ARE THEY TELLING ME I HAVE NO CHANCE OF WINNING CLAIM?icon8.gif

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Hi all, got a letter from yb today it reads;

 

RE-CLAIM FOR REIMBURSMENT OF FEES

I REFER TO YOUR LETTER REGARDING CLAIM FOR THE REIMBURSMENT OF FEES APPKIED TO YOUR ACCOUNT OVER THE LAST 6 YEARS WHICH YOU CONSIDER UNLAWFUL.

THE BANK S POSITION REMAINS AS OUTLINED IN OUR PREVIOUS CORRESPONDENCE.

I AM ALSO AWARE THAT YOU HAVE ALREADY LODGED PARTICULARS OF CLAIM WITH YOUR LOCAL COURT WHICH TAKES PRECEDENCE OVER THE BANKS COMPLAINT PROCESS. ANY FURTHER CORRESPONDENCE WILL ORIGINATE FROM THE BANKS LEGAL DEPT.

 

YOURS SINCERELY

 

AQU-CHARGES SECTION.

 

CANT READ THE INITALS OF WHO SIGNED IT.

 

 

DOES THIS MEAN THEY CARY ON AND DEFEND MY CLAIM?

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Hi All I Too Was Asked To Send All Details Of Charges Claimed And They (yb) Said They Did Not Have My Bank Details''durrr''' What Crap,, Its All Delaying Tactics By Them, I Sent Them A Final Letter Telling Them How Incompedant They Are,, To Not Have My Bank Details. In The Letter I Also Told Them I Would No Longer Corespond With Them, That The Court Would Do The Rest. I Have Got My Court Date The 30th July. I Am So Looking Forward To Seeing If They Turn Up, I Am A Normal Everyday Guy Like Most Of Us On Here.

But I Got To The Point Of Thinking'' That They Should Not Be Robbing Us All Blind' If You Cannot Trust Your Bank' Then Who Can You Trust. Also Nearly Every Other Bank Are Making Settlements' And Yb/cb Are Only Small Frys Compared To Some Of The Banks That Have Settled Already. Must Say That Lots Of Info' Off This Site Is So Invaluable To Us All. Thank You To All.

 

Lets All Remember That At The End Of The Day' Whats The Very Worst That Can Happen??? Its That Some Judge Will Try And Set Precidents For The Banks And Tell Us No'' So That Should Reassure Us All That We Have A Great Chance If We All Stick Together On This. Also The Longer The Banks Stall Our Charges Being Paid Back'' The More They Earn In Interest'' So Dont Forget To Charge The Bank The Daily Interest Charges.

 

Finally This Is Our Money Legally' So Lets Not Loose It Withour A Fight, Lets Be Confident And Positive About Our Approach To The Banks And There Solicitors. The Banks Will Realise One Day That Its Costing Them Loads To Keep Employing The Solicitors, So The Banks Are Loosing Out All Round. Follow Your Head And Lets All Go For It. Be Strong' We Are Not On Our Own With This Fight For Justice. Theres Always Someone To Help Us. So The Good Citizens' I Say To You All' Good Luck Whatever Happens. Sorry About All That'' Will Get Off My Soap Box Now, And Continue The Good Fight Against The Yb/cb.

 

Rob

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thanks for the encouragement grimethorpe. for me its not about the money, when i was goin through a rough patch the banks had a field-day they must av been rubbin there hands together, now im gettin leaflets upping my credit limit and offering me loans, well i dont need them ,wot i want is my money back.

have to agree this is a great site for info

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great to hear someone so positive, hope you get your money soon, not long to wait. i havent got court date yet, but should hear soon. will donate to this great site when i have won. you will hopefully get an offer before court. good luck, go get em.icon14.gif

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Hi all, just an update. Recieved a letter from YB today, it reads;

RE: CHARGES CLAIM

Thank you for your most recent communication which has been passed to this dept for further consideration.

We note that on this occasion you have declined to accept the banks offer of an ex gratia payment of £200 in full and final settlement of your claim.

In the case of your claim,we can confirm that we have reopened our enquiries. We are currently conducting an in depth analysis of the conduct of your account. Please be assured that careful consideratiion is being given to all the facts and every effort is being made to resolve this matter at the earliest opportunity. We will advise you of the outcome as soon as our investigation is concluded.

In the meantime we thank you for your patience in this matter and will contact you as soon as our investigations are complete.

 

david robinson

manager

customer relations.

 

 

Is success getting nearer or is this a further delaying tactic?icon12.gif

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HI ALL I HAVE NOT POSTED FOR A WHILE AS I HAVE NOT HEARD ANYTHING YET, MY COURT DATE IS 12 DAYS AWAY, SO I BET THE BANKS ARE WORRYING A BIT, IM NOT.

 

BUT WHAT I HAVE DONE IS GO THROUGH THE SOME GOVNERMENT WEB SITES AND DRAWN SOME OF THEIR INFO OFF AND THAT ALSO RELATES TO THE BANKS BEING SO VERY WRONG IN THEIR '''ILLEGAL''' CHARGES AGAINST US, I HAVE ADDED THESE PAPERS TO MY COURT PACK READY FOR THE 30th HOPING THESE NEW PAPERS CAN HELP US EVEN MORE. THEY ALL SUPPORT US AND NOT THE BANKS.

 

I HAVE HEARD FROM MY STEP SON THAT HIS EX' GIRLFRIEND HAS JUST BEEN AWARDED ALL HER CHARGES' WHICH AMOUNTED TO OVER £4.000 BUT NOT SURE WHICH BANK THAT WAS FROM. (AND STEPSON DONT CARE EITHER' OOPPPS'')

 

I KNOW WE ARE ALL AT DIFERENT LEVELS IN OUR CASES BUT WE MUST GO ON AND GET THE MONEY BACK THEY OWE US AND ALL THE INTEREST THEY HAVE GAINED FROM OUR MONEY.

 

A PROGRAMME ON TV FRIDAY NIGHT ON ITV 3 TONIGHTS WITH T/M' WILL BE MARTIN LEWIS AND MORE WORDS OF ENCOURAGEMENT FROM HIM. HE'S EVEN FUNDING SOME INDIVIDUALS AGAINST THE BANKS IN COURT' NICE ONE MARTIN, THE PEOPLES FRIEND. THE PROG' IS ON THE 19TH JULY 2007 AT 8 OCLOCK I BELIEVE, JUST CHECK YOU TV GUIDES.

 

KEEP GOING EVERYONE'' LETS ALL STAY TOGETHER AS A TEAM OF FRIENDS AND HELP EACH OTHER. GOOD LUCK.

 

WILL POST MORE WHEN I HEAR ANYTHING 12 DAYS AND COUNTING' ALL THE BEST ROB.

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hi rob,

ive just got my court date for 26 october, already done quite a bit of my bundle so looking for good tips on what else to add. this site is so good for that. going to watch that programme, will be interesting.

good luck, hope you get an offer soon.

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  • 4 weeks later...

Hi all

 

Just an update, I sent YB my bundle last night by recorded delivery, they would have got it today. I also took one to the court. YB say they are applying for a stay cos of OFT but court not got it yet. They say they will let me know if they do. The bundles have to be in on Monday, we'll see if bank send one, I dont think they will.:shock:

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Hi All

 

Not been on for a while, been away and not much happened, I have however, received a letter from CB stating they are applying for a Stay until result of OFT court case.

 

Yet I have received a letter from the Court stating

 

"By the 24th August 2007 the Defendant must file and serve a comprehensive witness statement from a responsible employee with statement of truth explaining the Banks charging regime and exhibiting all relevant documents justifying it; and, if they are discretionary, the decision to apply the charges the subject of this claim to the claimant.

 

In default of compliance by the defendant the defence is struck out on 28th August 2007 and the claimant may apply for judgement.

 

Following making an order of courts own initiative

 

This order is made by the court of its own initiative. Any part affected by this order may apply pursuant to CPR3.3(5) to have it set aside, varied or stayed. Any such application should be made by application notice in accordance with CPR23 and must be made not more than 7 days after the date on which this order is served."

 

What in gods name does that all mean: do I prepare my court bundle now or do I wait?:-x:confused:

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hI sV020101,

Seems to me the court are telling them they must send a disclosure of charges with the other documents, otherwise they are in default and you can apply for judgement and win. I would get your bundle ready to send on the date the court gave you. Good luck

alex

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  • 4 weeks later...

Hi All,

 

Filled my application for judgement form of requesting full amount of charges and interest, requested to be paid by the 21st of this month, so fingers crossed, by next friday I should be a couple of quid richer, I will let you know.

 

Cheers! :rolleyes:

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Hi, hope you get your money, I have heard nothing for weeks so sent a non compliance letter for the bundle from YB, got it off the site.

the letter is addressed to the judge via the court, so waiting for reply to that. Not long to wait for your money now.

beryl:wink:

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Hi All

 

last week I was told that my case had been struck out by the judge at Oldham County Court, and they sent me a form, to file for judgement, I filled this in and requested the money to be paid by today, thus giving a whole week. I have checked the account this morning, guess what no money in it! I have since phoned the court and have now told me that all cases of this nature are being dealt with case by case, and will most probably be "stayed", but if it has been struck out, is that right? Not sure what to do, can I appeal against this decision or not?

 

:confused:

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If only! Nothing is ever that straight forward where I am concerned, phoned the court today, to see what was happening, because according to the form I sent in last week I requested monies to be paid by today, and guess what, "no money",:mad: and they announced the judge is reviewing all "bank" cases, and possibly putting a stay on all, until OFT is sorted, so I think I will be a little while longer.

 

Keep you all posted

 

Sue :confused:

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Hi Sue

I havent had any reply yet from the court,so will probably be the same as yours.The banks seem to do what they want and the courts do nothing.I think you should have got your money cos the bank defaulted. It makes me so mad

beryl

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I don't know personally, but I'm bumping this in the hope that someone will come along and answer you

Advice & opinions given by pjdudley69 are personal, are not endorsed by Consumer 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. Also visit legal seagulls for more friendly help and advice.

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