Jump to content


  • Tweets

  • Posts

    • and it legally informs them of your correct and current address as you must do with all old debts last paid/used in say 7 yrs you dont want backdoor CCJ's. what were the names of these IVA scammers, the one you took it out with, and the one that scammed you to let them take over please? your story is slightly worrying. dx  
    • Incidentally, congratulations on not buying the warranty. That is another Big Motoring World rip-off. See what we have to say about extended warranties and the Big Motoring World attitude to them is particularly unhelpful
    • well that google is from 2019, but the photos are certainly of someone driving on the public highway in/out by an ANP system, though the site of where the camera actually is, is not showing there are anpr cameras up by the low yellow barriers but they wont get from facing shots from there. interesting, needs to be checked if the road IS a public highway but on private land, cause as you say, if the whole area is max 4hrs , how does the hotel work< ?? must have a reg entry system.  now as for taking pictures of cars on a public highway then guessing the are parking ...erm.... i dont thnk thats right nor allowed under GDPR. dx  
    • Under the consumer rights act 2015, if a defect manifests itself within 30 days and you have a right to return the vehicle for a full refund. If any defect manifests itself within the first six months of ownership then you have a right to return the vehicle for a full refund subject to the retailers right to carry out a repair. If the retailer declines to repair or if the repair fails then you have the right to return. The problem here is that you have to assert their right. It's a bit ridiculous – but you have to do let them know preferably in writing that you are asserting your rights under the consumer rights act either the 30 day right or the six month right. I suppose that you haven't done this – which would be quite understandable because most people don't know that these rights exist and that they are subject to these conditions – the condition that the right must be inserted. It is frankly ridiculous. The dealers know it and we have lots of instances of this company delaying appointments et cetera and our strong suspicion is that they are simply trying to run their customers out of time. On the basis that you haven't asserted your rights, we now have to look to ordinary contract law. You are entitled to purchase a vehicle which is of satisfactory condition and which remains that way for a reasonable period of time. Clearly it is in satisfactory. They are blaming you. Has your independent inspection identified the reason for the defect? This will be important because as you have seen BMW are already saying it is down to your driving and you are going to have to produce evidence that it wasn't down to your driving and the you drove it absolutely reasonably and it was simply the condition of the car. Have you been without the car for any period of time. Is it driveable now? If the car was off the road for a substantial amount of time and was still off the road then you would be able to argue that this is a fundamental breach of contract and that you have been deprived of substantially the whole benefit of the contract and therefore you will be entitled to treat the contract as breached by Big Motoring World and insist on cancelling the contract. It may be that you will eventually be obliged to keep the car but have the repairs paid for. Have you had any quotations for the work that needs doing? I asked you questions about the MOT – but you haven't responded.
    • A 'violent left wing mob', comprised of a chap in a red hoody with a damp polystyrene coffee cup and a bit of wet cement, gets nowhere near cowering frightened farage some distance away on top of his double decker bus .. as farages security and support seem to film the incident grinning     Farage bravely flinches, grimaces and seems to almost burst into tears as the 'objects managed to travel a part of the way toward his position on top of his bus. His reactions honed by having a bit of milk splash him at a prior incident allow him to swiftly fall into a protective cower and grimace .. .. Sometime after, once the mob of 1 had been safely bundled away, farage apparently wipes his eyes of tears, and rising from his cowed and frightened pose, bravely shouts “I will not be bullied or cowed by a violent left-wing mob who hate our country.” .. however few they may comprise of.   https://www.independent.co.uk/news/uk/crime/nigel-farage-cement-barnsley-reform-uk-b2560501.html  
  • Recommended Topics

  • Our picks

    • 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 
        • Like
      • 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
        • Like
  • Recommended Topics

Anybody Fancy Some Fun ?


surreyscouse
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5978 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

Guest Lueeze

Eric, could you start your own thread, as its going off track a bit. If your posting here to advise someone of their claim great, but if your posting about your own expriences, could you stick to your threads? Thanks a lot.

 

Lou xx

Link to post
Share on other sites

  • Replies 371
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Dinghy,

 

Looks like you were right. Two emails to Stuart Johnson and then these come back:

 

Your message

To: [email protected]

Subject:

was deleted without being read on 25/05/2006 17:34.

Your message

To: [email protected]

Subject:

was deleted without being read on 25/05/2006 17:34.

 

Maybe he was just clearing out his inbox !!!!!!!

 

Anyway, after all the hassle yesterday of them not sending me their letter by email, I got up super early this morning and went down the post office to collect their letter, signed for it and it turns out it was bloody concert tickets !!!!!!

 

Oh, well, I fancy chilling out a bit today so will put work on the back burner and bombard MBNA with emails. First one going off to ask for the recorded delivery number for their letter, I am actually doubting that they have sent when they say they did !

Link to post
Share on other sites

Guest Lueeze

Oh I hate that, I wait every day for letters to drop from the bank, but its always junk or bills! LOL!

 

Take it easy SS, you have got some sh at least for now eh!

Link to post
Share on other sites

Dinghy,

 

Looks like you were right. Two emails to Stuart Johnson and then these come back:

 

Your message

To: [email protected]

Subject:

was deleted without being read on 25/05/2006 17:34.

Your message

To: [email protected]

Subject:

was deleted without being read on 25/05/2006 17:34.

 

Maybe he was just clearing out his inbox !!!!!!!

 

Anyway, after all the hassle yesterday of them not sending me their letter by email, I got up super early this morning and went down the post office to collect their letter, signed for it and it turns out it was bloody concert tickets !!!!!!

 

Oh, well, I fancy chilling out a bit today so will put work on the back burner and bombard MBNA with emails. First one going off to ask for the recorded delivery number for their letter, I am actually doubting that they have sent when they say they did !

 

SM_tosser.gif

 

Think that says it all !

If you have found this post (or any other post) useful ensure you click on the scales in the top right of that post to give credit where credit is due.:D

 

DO YOU HAVE A WEBSITE AND WANT TO PROVIDE A VALUABLE LINK TO THIS FORUM ? Go to this thread:-http://www.consumeractiongroup.co.uk/forum/showthread.php?p=52854

 

As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment.

Seek advice of a qualified, insured, professional if you have any doubts.

Link to post
Share on other sites

Here is this mornings email to MBNA: Copied in Stuart Johnson and Gavin Thebald, let's see if it gts read or not !

 

Dear Mr Rhodes,

I refer to a recorded delivery letter which your staff have stated was sent to me on 24th May 2006 and that your staff confirmed I had not signed for.

I made the effort of collecting the letter that had attempted delivery yesterday and the letter in question was not from MBNA.

Please can you email me the recorded delivery reference number so I can track it online and I would once again request an electronic copy of the letter which I have already done on numerous occasions. Once again, I see no good reason why this letter cannot be emailed. I have been polite and courteous in my request and will continue to be so, there is no reason why MBNA should conduct themselves in any other manner.

I will contact you again at midday today if the letter has not been emailed to me.

Kind regards,

surreyscouse

 

Don't think I will be seeing that letter to be quite honest !

Link to post
Share on other sites

AH ! Talk about changing their story, they told me yesterday it was sent recorded delivery but then this email has just turned up !

 

surreyscouse,

The letter in question was not sent by recorded delivery, but rather by first class Royal Mail post. You should therefore receive the letter today or tomorrow.

Kind Regards

Gavin Theobald

They are just playing games now !

Link to post
Share on other sites

Dinghy,

 

Looks like you were right. Two emails to Stuart Johnson and then these come back:

 

Your message

To: [email protected]

Subject:

was deleted without being read on 25/05/2006 17:34.

Your message

To: [email protected]

Subject:

was deleted without being read on 25/05/2006 17:34.

 

Maybe he was just clearing out his inbox !!!!!!!

 

Anyway, after all the hassle yesterday of them not sending me their letter by email, I got up super early this morning and went down the post office to collect their letter, signed for it and it turns out it was bloody concert tickets !!!!!!

 

Oh, well, I fancy chilling out a bit today so will put work on the back burner and bombard MBNA with emails. First one going off to ask for the recorded delivery number for their letter, I am actually doubting that they have sent when they say they did !

 

In their defence icon_eek.gif, outlook does act a little weird if using the preview pane... If he's read them there and then deleted them it would also give this response...

If you have found this post (or any other post) useful ensure you click on the scales in the top right of that post to give credit where credit is due.:D

 

DO YOU HAVE A WEBSITE AND WANT TO PROVIDE A VALUABLE LINK TO THIS FORUM ? Go to this thread:-http://www.consumeractiongroup.co.uk/forum/showthread.php?p=52854

 

As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment.

Seek advice of a qualified, insured, professional if you have any doubts.

Link to post
Share on other sites

Guest Lueeze

I meant at least they paid you the charges until the rest is ironed out....;)

 

They obviously dont know their a$$ form their elbow eh!

Link to post
Share on other sites

Good point there Dignhy, although most companies (my office included) do not have the preview plane on the inbox in case a virus comes through.

 

Just a thought here, but they can't reapply the charges can they ? I only say this because I am now game on for turning 'em over ! :mad:

Link to post
Share on other sites

Guest Lueeze

reapply them meaning the ones they have refunded? No surely not! In a way I hope they did then you could come down on them like no man has ever done before!:lol: :lol:

Link to post
Share on other sites

Good point there Dignhy, although most companies (my office included) do not have the preview plane on the inbox in case a virus comes through.

 

True... But I feel morally bound to at least offer up an alternative... eusa_shifty.gif

 

Just a thought here, but they can't reapply the charges can they ? I only say this because I am now game on for turning 'em over ! :evil:

 

Do you have anything that unequivocally states they were repaying them ?

If you have found this post (or any other post) useful ensure you click on the scales in the top right of that post to give credit where credit is due.:D

 

DO YOU HAVE A WEBSITE AND WANT TO PROVIDE A VALUABLE LINK TO THIS FORUM ? Go to this thread:-http://www.consumeractiongroup.co.uk/forum/showthread.php?p=52854

 

As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment.

Seek advice of a qualified, insured, professional if you have any doubts.

Link to post
Share on other sites

Well, if they did (and surely they are not that stupid) then I have the perfect argument. I kept the charges and the breaches of the DPA completely seperate. In their response to me they dealt with the charges and concluded that section of their letter. They then turned to the DPA section so although they wrote one letter for the lot they did deal with each item seperately as far as I am concerned.

 

I think they are really under the impression they have done no wrong although I can see clearly that they have breached 3 of the 8 data protection principles. It's gonna take me ages to write out my court summons !!!!! I'll enjoy doing it though

Link to post
Share on other sites

Do you have anything that unequivocally states they were repaying them ?

 

Their letter goes on about charges being fair etc. but then says in order to bring to swift conclusion I have credited your account with £510. I think that's good enough

Link to post
Share on other sites

Their letter goes on about charges being fair etc. but then says in order to bring to swift conclusion I have credited your account with £510. I think that's good enough

 

Certainly sounds good enough to me...

 

IMO you are on fairly safe ground with that...

 

PDT_Aliboronz_20.gif

If you have found this post (or any other post) useful ensure you click on the scales in the top right of that post to give credit where credit is due.:D

 

DO YOU HAVE A WEBSITE AND WANT TO PROVIDE A VALUABLE LINK TO THIS FORUM ? Go to this thread:-http://www.consumeractiongroup.co.uk/forum/showthread.php?p=52854

 

As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment.

Seek advice of a qualified, insured, professional if you have any doubts.

Link to post
Share on other sites

Phewwwwwwwww

Just read this from start till today...................what a story.............makes Coronation Street and Eastenders look like a tea party !!!

 

Waiting eagerly for the letter to arrive (will be standing by your letterbox with you )

 

 

These guys have probably done a little more than turn off their e mail reply scripts..........they have prob threw their comps thru the window and ripped out all the phones !!!

 

Keep it up

 

:lol: :lol: :lol: :lol: :lol:

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

Hello Martin, welcome to the thread, glad you are being entertained !!!!!

 

Just a further thought though. Gavin Theobald replied to my email but there was not a read receipt from him, although there was from Stuart Johnson. Anyway, 45 minutes until my nxt email requesting a copy of the letter, I pretty much gurantee that will be ignored as well. The Mrs gets home about 2.30 anyway so she'll let me know if anything turns up today ! I reckon it will arrive tomorrow so I have to dwell on it for the whole weekend, they are rather devious like that !

Link to post
Share on other sites

Chaser as promised by email:

 

Dear Mr Rhodes,

There appears to be conflicting information regarding this letter. I was informed yesterday that the letter was sent recorded delivery, yet this morning I have received an email from Gavin informing me it was sent 1st class unrecorded. That aside, midday has been and gone and I have not received an electronic copy of your letter. I have assumed this is an oversight on your behalf and look forward to receiving the electronic copy by return of email.

In consideration of lunch hours, I will contact you again at 2.30pm today if I have not received the letter.

Kind regards,

surreyscouse

 

Absolutely no chance of a response !

Link to post
Share on other sites

Weirdest thing just happened: Had 4 read recipts all come through at once from Michael Rhodes. These range from 8.52 this morning to 12.46 this afternoon. Then received a read receipt from Gavin Thobald from my initial email this morning which he replied to followed by another from the one sent at midday.

 

I think their server is cracking under pressure as well ! :lol: :lol: :lol:

Link to post
Share on other sites

Hear that a lot of the banks will be allowing their staff to watch the world cup.

 

Its not that they are all into football.........................

 

 

They want to see all the PENALTIES....................

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

Thanks guys ! MBNA know I am a nutter and that really do hate them, they are already expecting the following email which has just been sent:

 

Dear Stuart,

Many thanks for your letter dated 19th May 2006 which was received by recorded delivery this morning. I have not personally seen your letter nor it's enclosures yet, but I have had the contents of your letter read to me over the telephone. I have not yet been informed as to exactly what the enclosures are with your letter.

 

I accept that you have credited our account with the sum of £510. Unfortunately, in the time elapsed since my claim commenced, you have applied a further £50 in "fees" on my most recent statement which was received yesterday. Please can you confirm to me whether you are willing to credit those "fees" to the account without delay. If not I will have to commence a further claim for this amount.

 

Additionally, I believe that the interest that is applied to our account is unsustainable and far exceeds the current base rate set by The Bank Of England. Additionally, relations both ways between MBNA and myself have been strained for quite some time and that we should try to resolve matters amicably sooner rather than later. My proposals are:

 

1. Interest is frozen on the account with immediate effect

2. We agree between ourselves a manageable set amount each month that we pay

3. Our credit record do not show any "arrangement to pay". You just merely report payments as being on time

4. I would ask that you consider a "short payment". I understand other customers of yours have been offered and taken advantage of this

 

Please can let me know your considerations of the above proposals. A set amount each month will be much more convenient as you no longer allow me to have access to my account online. A direct debit mandate/standing order form would be required for me to complete.

 

I would direct you towards point 4 of my proposal. As you are aware, the information requested under my data protection act request was very much incomplete after the 40 days period allowed by the Information Commissioner. I have incurred extra costs since the 40 day period expired and I am entitled to claim these back along with a claim for distress via our legal system. In the interest of economics, may I suggest you offer a significant reduction in the account balance in order to reflect these potential damages and the large saving you would make in not paying legal fees should I choose to instigate a claim against yourselves. An informal agreement on this amount will prevent any further action being taken on my part.

 

Once again, many thanks for your letter and as always, please feel free to contact me with any queries you may have. You have my mobile number.

Kind regards

surreyscouse

 

 

So there you go. Nowhere near finished. Good to hear from so many of my cyber friends already with well wishes. I have been helping people out on here for weeks and giving names,numbers and advice without even knowing how my own claim was going ! I knew deep down they would just cave in with their first response as they know how difficult and awkward i can be when I want to !

 

I will let you see his reply !

 

I Love this site !

 

 

Anyway, the Mrs has just read the response over the phone to me.

 

Here's the upshot, they have refunded the other £50, no surprise there then.

 

My 4 points for resolution

 

1. Interest will not be frozen under any cirumstances. Move your balance to another card

2. Yeah, we will agree a reduced payment plan and record it on your credit file. Fees and interest will be frozen (er, answer to point 1 meant what ?) Fill out the attached forms and send them back to prove what you earn and spend.

3. We will record all info on your credit file to try and screw you up as much as possible

4. Yes, we will consider a short payment.(Took me bit by surprise) Please contact us with your offer.

 

Ok, so that is basically it. No mention whatsoever of their DPA breaches.

 

I need to have a proper read of their letter over the weekend. I will then send a fax to them giving 7 days to settle for damages and distress for their breach. Damages are mobile phone costs, ink, envelopes, fax charges, stamps, paper, plasters (for my paper cut when sealing envelope) . Distress, well clearing the balance should cover that one !

 

Any ideas on how we can have a bit of fun with this lot. Balacne about £4k at the moment, £25 settlement a good starting point, they are already very familiar with that figure after all ! !!!!!!!:grin:

Link to post
Share on other sites

I don't know what occurs with a short payment... You might need to be careful if they can record that on your credit file ?

If you have found this post (or any other post) useful ensure you click on the scales in the top right of that post to give credit where credit is due.:D

 

DO YOU HAVE A WEBSITE AND WANT TO PROVIDE A VALUABLE LINK TO THIS FORUM ? Go to this thread:-http://www.consumeractiongroup.co.uk/forum/showthread.php?p=52854

 

As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment.

Seek advice of a qualified, insured, professional if you have any doubts.

Link to post
Share on other sites

he did say that this would be recorded. I think I might be better going down the "I'm suing you for DPA breach route" and see what sort of response that gets. Surely I'm right in thinking it would cost them more than £4k to deal with the court summons and defend in court ?

Link to post
Share on other sites

You might want to suggest to them that you pay X amount and they make up the rest in an ex-gratia payment in respect of the agravation caused and in the understanding that you won't be pursuing the DPA claim(which co-incidentally clears the account)

Clearly this then wouldn't be a 'short-payment' and they then wouldn't be able to register anything other than balance cleared & account closed.

If you have found this post (or any other post) useful ensure you click on the scales in the top right of that post to give credit where credit is due.:D

 

DO YOU HAVE A WEBSITE AND WANT TO PROVIDE A VALUABLE LINK TO THIS FORUM ? Go to this thread:-http://www.consumeractiongroup.co.uk/forum/showthread.php?p=52854

 

As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment.

Seek advice of a qualified, insured, professional if you have any doubts.

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5978 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

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...