Jump to content


  • Tweets

  • Posts

  • 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 
      • 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

Getting angry


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6541 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

Hi Folks,

 

Have had telephone call with silly offer for £400 against charges of £4,125, backed up by a letter today with all the normal bla bla trying to put me off.

 

I have already sent the letter before action, so I guess its time to ctart a claim going?

 

Should I respond however accepting the offer, and laying out my intention to go to court to recover the rest?

 

I would also like to (if advisable) state in the letter that I will give them 7 days to pay in full or I will beging a claim without any further communication. Would this be ok?

 

Claire

Link to post
Share on other sites

Up to you whether to accept as part payment or not. If you are on the last stretch of the 14 day LBA then I would wait until that's up then issue the claim. I wouldn't even waste a stamp on them tbqh.

Just the FAQ’s ma'am. Please read 'em thoroughly before jumping in. Cheers :)

 

Find all the letters under the rainbow here

 

Being a man, I am always right (however I will make no admission of liability if you have misinterpreted my instructions!! :) ) If you are in any doubt, then consult a professional. All opinions offered on this site are just that, and should not be taken as legal advice.

 

Halifax - £1400 reclaimed. Now on a crusade to help others!

Link to post
Share on other sites

YES! That would be fine! So long as you have it in writing from the bank that they are not prepared to offer you any more than that poxy amount then I would say..........File the court claim and watch them bend over backwards to get your money back to you.

I would wish you luck, but you dont need luck. All you need is some patience and a small amount of time to fill in the forms and the money is yours!

I will watch your thread !

Jamie

Alliance and Leicester -

£306 - settled in full!

Halifax -

£1600 + interest + fees -

27/06/06 - 1st Small Claim initiated for

£704 + £217 + interest + £39 Costs

01/08/06 - cheque received for £965

28/09/06 - 2nd Small Claim initiated for

£950 inc int + costs

05/10/06 - settlement letter received- awaiting cheque!

Standby for 3rd claim!:)

Barclaycard -

17/06/06 - Data Protection Act letter sent

03/10/06 - Statements rec'd £525 charges!

04/10/06 - 1st letter sent for refund

 

Link to post
Share on other sites

  • 2 weeks later...

Just to let you know, I am claiming from all my cards, had a couple of offers which I have rejected, interestingly though not one have replied saying NO!!!!!

Capital One settled in full today after the initial letter£248

Link to post
Share on other sites

  • 2 weeks later...

They almost always back down before going to court because they don't want to be forced to reveal the true (minimal) cost of these breaches (ranging from 0p to £1.50 max).

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

Link to post
Share on other sites

Hi Folks,

 

Got my first outright No today from BOS. However am I right in thinking that what regardless of what they say re- agreeing to their terms and conditions etc, because their charges etc have now been deemed unlawfull etc that I this actually relates to the charges they have already levied against accounts, so telling me I don't have a case is rubbish?

 

Also have filed claim against Halifax and just wanted to check- although I know I am claiminf my court costs of £120 from them- if it doesnt go to court will they still pay the costs?

 

Just wondering as If I have to file a claim against BOS also, the court costs will take a big chunk of what they actually owe me, and unless I get to court are they liable for this if they settle before court?

 

Hop this all makes sense.

 

Claire

Link to post
Share on other sites

The rejection is standard practise to try and cut the number of people claiming - many of those who do not understand what they are doing might give up at this stage.

 

Even if the case doesn't actually go before a judge the court fee is still part of the amount you have had to pay out to get them to pay your money back, so must be repaid as part of the settlement (otherwise you tell the court that it hasn't been fully settled and ask for default judgement on the balance outstanding). You can also include postage costs (recorded/special delivery), DPA fee (if paid) and 8% s69 interest in your court claim.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...