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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
      • 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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H.O.L Test case appeal. Judgement Declared. ***See Announcements***


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Surely if they lose they would have to pay the judicial interest just like anyone else would in a court of law if they lost.

 

If not its a good point to argue as s69 interest is written down in statute

 

PF

 

Surely s69 interest will not cover or indeed get anywhere near the interest that the Banks have made through undue enrichment?

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They have now spent no doubt hundreds of thousands on this test case which would have quietly settled an awful lot of cases. So where is the logic, where is the reasonable? You're looking the wrong way, buddy. :-(

 

I would expect it to be in the range of millions by now.

 

I don't know, I really don't. I suspect that the game plan is "resist to the bitter end" and not much more. I suspect that they think that if they cave, it will open the floodgates when word spreads that it's easy to reclaim whereas just their show of resistance will have put off a lot of people (which we know it has). And of course for people who are waiting for the end of the test case to get started, the 6 years clock is still ticking, although if we win, that should be very arguable under s32...

 

A very good point, it would suit them if they lost that they could turn around and just calmly say to everyone "sorry the 6 years have expired on your older charges and we'll only refund recent ones..." its up to consumer sites and advisers to inform the public about s32 and the fact that it could be argued in court.... too many people think banks tell the truth and are trust worthy... the days of a respectable banker went out with captain mainwaring to be honest.

 

I have no real answer. But I HAVE to hope that the justice system will not fail us. :-(

 

Yep, hope the same too.

 

S.

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This whole thing is getting very frustrating - how can it be that no one knows when the decision will be handed down - I cant find any information anywhere, and the great Martin Lewis seems to be quiet :-x

 

Does anyone know what is happening?

 

There's potential insider knowledge saying after 26th October, but no one knows more for definite, that much is clear.

 

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I reckon......and betting on....that the Judgement will be handed down on 30th October 1030 hrs!! ;)

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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'Bookworn' - your comments of rigid collars is exactly spot on!! We should all remember that banks are there for the 'well heeled' and not

the 'sc®uffed heeled'. :rolleyes:

Who was it who said let the masses into our small controlled world? Now they are (hopefully) going to ay the price.

Michael

When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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:eek: *

 

 

 

 

 

 

 

 

 

*although probably fairly accurate, come to think of it. :razz:

 

 

LOL SORRY - that was a genuine typo!! (honest! :D)

 

Michael

When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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This from

 

ROBERTSON-HOLBROOK News

 

Just Spoke to SCoJ (ex HOL) press office, reports in the press (namely The Mail) are somewhat optimistic.

 

The Judgment is due to be handed down this term which is Michaelmas which could be at any time up until Thursday 17 December.

 

Sian Lewis (press officer) told me;

 

"We simply don't know but as soon as there is an intended handing down announced it will be posted on the News Page as there is a lot of interest in this case"

 

"It will be this term and it will be before Christmas"

'I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around the banks will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered.'

Thomas Jefferson 1802

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Dunno who this Michael bloke is but I hates him already!

 

LOL

'I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around the banks will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered.'

Thomas Jefferson 1802

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They're really taking the "Micheal-mas" now aren't they :D

 

So.........................December 24th then?

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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AH! Now that REALLY would be the season of good will! :lol:

 

 

 

... yes and whoever said Santa Claus was not real needs to be crucified. :wink:

 

Michael

When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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In the episode of BBC's "Watchdog" which was 1st aired early this evening (22/10/09), Martin Lewis stated that in his opinion, unless direct action was taken by the government to prevent otherwise, even if the Test Case was won by the OFT, the Bank's would inevitably challenge in the courts any decision that the OFT decided with regards 'Unfairness' etc + drag the reclaiming process out by a further 2-3yrs.

 

A link to the entire program (...am not sure how long it will be valid for btw:rolleyes:)...

 

BBC iPlayer - Watchdog: 22/10/2009

 

 

:)

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If the waiver is not kept in place for the duration of the OFT study then I'm sure any number of us would welcome the chance to 'invite' the banks et al to court to show just how fair their charges are. If the waiver.......

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You know whilst I think Martin Lewis has struck 'gold' by enhanced TV appearances on just about all output from morning TV to the News we should all get what he says in prospective. The output is scripted and I'm quite sure that it's not him speaking personally in many situations. Anyhow good luck to him but there's one side in being in these situations (like us all) and him talking about them.

Just where are the banks going to go next if they lose? Russia, the G20, Obahma (who I believe has seen the banks do to the US public what they have done to us) or maybe the EU? It's unchartered waters but they know eventually they are going to have to face the backlash of the avergae banking population who in those same eyes feel theyhave been 'ripped off'.

The 'stay' will remain until conclusion beause quite simpy one of the the reasons for all this is to safeguard the court system. The longer it drags on the more open it will become so they really need to strike a balance. Personally I hope the banks suffer for their greed but as we all live in an unfair world it's probably not going to be as such.

 

Michael

(now having gotten an unbreakable soapbox)

When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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