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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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pt vs rbs(mint), so close to victory...

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Hi all.


Apologies if this is in the wrong place, I couldn't find anything similar.


Will be brief.

I am discharged bankrupt (3 years ago) who has claimed £52 credit card charges back off mint.


They offered £48 which I accepted providing they paid by cheque or into my current account (not with them).


Their next letter states that as i have an outstanding balance with them (on my credit card account that's been closed for three years) so they are applying this £48 directly to my account.


Wonderd if anyone else had this issue or could offer any advice on whether to take it further (it's got as far as FO, which is when they made their offer)


Many Thanks.

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Hi PT,


If you still have an outstanding balance with them the chances are that the charges applied to your account are comprised in that balance. You would need to check your T& Cs to see in what order payments are applied to your account and also if you have ever paid off the balance in full after the charges were applied. If the charges are part of the outstanding balance they are quite entitled to use the offer to reduce the balance. However, if you have paid the charges you are entitled to ask for a refund provided you are up to date with all your payments.


All the best


Zoot :)

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Hi Zoot,


Many thanks for your response, it's much appreciated.


Just wish to clarify,


2003 opened account and transferred money to it from another card.

defaulted on a couple of payments incurring £48 in charges.


2004 Declared bankrupt. card debt goes to 0, account closed.


2007 Try and get charges, eventual offer made of £48

Send acceptance letter on condition they pay me by cheque or BACS.


they send letter back saying they are applying the £48 to the account even though it is closed " ..we are refunding an amount which was previously debited. It is not a compensation payment, therefore we are within our rights to apply the credit to your account...."


From what you are saying it seems that if I have never physically paid the charges I can't claim them.


With other cards I had many charges that we made while I was still making payments but the balances were never cleared, do I have a claim here?


Thanks for your help.




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PT, bankruptcy changes the rules with regards to reclaiming penalty charges on bank/credit card accounts. Any charges that were applied to your bank/credit card accounts up to the date you was declared bankrupt cannot be reclaimed. Firstly, if you included the accounts/cards in the bankruptcy then any outstanding balances would have been written off - therefore you wouldn't have paid the outstanding debts anyway.


Secondly, your right to reclaim is considered to be an 'asset' (albeit unrealised) at the time you was declared bankrupt. Therefore, any monies you do recover should be declared to the Official Receiver and distributed amongst your creditors (even if you're now discharged from the bankruptcy).


However, if you didn't include the cards in your bankruptcy petition I'd advise you to seek advice from either the Official Receiver or a qualified bankruptcy practitioner to ascertain your position. It may be that you could reclaim the charges and keep them - but I'd advise you to confirm this before attempting to reclaim them as they may be viewed as another 'unrealised asset' at the time you was declared bankrupt. If you did include the other cards in your bankruptcy petition though, I'm afraid the answer is as above................. you can reclaim the charges but you can't keep them. :(

Can't find what you're looking for? Please have a look at Michael Browne's

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I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

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Hi again pt,


Bankruptcy is an awful experience - I know this from when my hubby went through it. You will start to see a light at the end of the tunnel soon - it just takes a little longer than we'd like.


You've taken the best step possible to regaining control of your finances by registering with CAG though. So don't worry, you'll find that the support on this site is excellent. Whenever you need advice or support on any consumer query/issue, just start a new thread in the relevant forum and you'll soon find yourself inundated with advice that helps you to sort things out.


Best of luck x :)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide


I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

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