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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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Smile Charges returned today.. but...


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RESULT!

 

Sent the LBA (adapted to my personal style) on Friday and Charges returned to my account "ADJ. INTEREST" of £630.50 today.

 

I am so happy.... and would be glad to leave it at that... but...

 

The amount refunded did not include the debit interest which I detailed (another £44), and only included the charges from the opening of my account 3 years ago up until when I sent the first letter. How very crafty of them. When I sent the LBA 2 weeks later, there had been an additional £105 in charges (mostly "Commission unpaid items") on my current account because I was in a tight spot(no wonder). In fact since I sent the LBA this figure has gone up to £155.

 

I'm not bothered about them not giving me back the interest although I'd be delighted to hear any particular idea why this might be - i've read conflicting views on the forum about this and I'm a little confused.

 

Should I go after the £155? These charges were all made in the last 2 weeks which is taking the p*** a little I think, and morally wrong as they were blatantly exploiting my financial difficulty. I am self employed and sometimes wait a month or longer for payments to come in, that is one reason why I have got into difficulty and incurred these unlawful charges.

 

I want to go after the remaining charges, how exactly should I do this? In one way they have been very "co-operative" and I'm happy about the outcome, but I still feel aggrieved in another way.

 

Good luck to all of you behind me in the queue - stick in there - you'll win.

 

trianglehead

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congrats on getting your money back. I managed to get my daughthers back last week after the LBA. I have had several phone conversations with Smile and they have been very good. I would ring them Im sure they will return your recent charges

 

Perhaps they have seen the opportunity to steal a few angry customers from the other banks. In my recent dealings with all the banks they have probably been the easiest to deal with and seem to have realised that early resolution is better than wasting money on court fees etc.

 

Enjoy your money

7 actions in progress

 

amount refunded so far £6500

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I would try a phone call first too, but if that doesn’t work straight away I would just send another preliminary letter and start the process again.

Congrats on the success by the way.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank 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.

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