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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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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      BankFodder

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    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

My Smile journey starts here

Dave J

By Dave J
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Dave J

Dave J

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I got a we are looking into it letter last week, i proceeded with the LBA and didn't move from the schedule.

 

Hopefully they will stick to the form book and credit my account in the next few days.

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sunseeker

sunseeker

Posted
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Hiya Dave, Jacksy,

 

Keep on at them. It took me a few weeks of phone calls (about 2 per week) before one where they said something along the lines of, 'don't want to jump the gun but looks like a credit of £2,500 will be made to your account in the next few days. It just needs confirming by a manager'.

 

I asked them who and requested they contacted me the next day to confirm. Went on Smile website next day and there the money was! Result.

  • Confused 1

Smile: £2,522 full payment received,

Citi Cards: £693.71 balance written off. Full value of Court claim,

West Brom Building Society: DPA request sent 15.05.06,

Capital 1: £220 claimed LBA sent 15.05.06.

Barclaycard: DPA request sent 16.05.06

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zara_goza

zara_goza

Posted
Posted

I hope this can help you. This is the answer they gave me when I questioned the charges

 

ou exceed your overdraft limit, there will be the following charges:

 

-£15 service charge, applied monthly

-£5 daily excess charge for each day you are over the limit.

 

If you are in your overdraft but within the limit, debit interest will be charged at 9.9%.

 

Maybe you can do a better calculation from this...

 

There is also something the called commision unpaid item of £25, just for a computer tells to another that there isn't enogh funds...How expensive is that!!

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Jacksy1980

Jacksy1980

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Well they have until this saturday, which is the new date they made after the 1 i made, as of yet they have not replied to my secure messages regarding my DPA request. So once saturday comes and i havnt recieved anything il send the appropiate letter stating my actions and court proceedings, I dont know a value that they owe because Ive had no info, so il just state I want ALL charges etc that I have accuired through out my history with smile.

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Jacksy1980

Jacksy1980

Posted
Posted

got my data today, added it up and it comes to £975 i havnt added the debit intrest charges though(about £2-£4 per month) because not sure if this covers it as its part of me going into my overdraft

But still a nice amount anyway

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caro

caro

Posted
Posted

Not so nice when they were taking it off you though.

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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Dave J

Dave J

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SUCCESS!!

 

Received a credit for £570 today to my account, i believe a letter is in the post but I have to go out now so i'll give you guys the heads up.

 

They haven't sent the £30 I claimed for debit interest on the charges but seeing as i haven't even got to the moneyclaim stage yet I will be accepting this as final settlement.

 

I'll sort the survey/donation/Pm'ing BFodder out later today.

 

Been a great couple of days for me as Capital One settled yesterday also.

 

I have still to hurt Barclaycard/Mint (getting tricky) and a couple of others for smaller amounts so i'll be around on here for a while yet.

 

Anyone that has a claim stick with it as it's your turn soon.

 

All the best

 

Dave

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Jacksy1980

Jacksy1980

Posted
Posted

Just recieved a message from "manager" replying to the 1st action letter I sent via secure message this is what he says:-

 

Hello Mr Haughey

 

I'm sorry you've felt the need to make a complaint and I can let you know I'm currently looking into it.

 

However, as we are regulated by the Financial Services Authority I do need to make you aware of our complaints procedure.

 

If you go to our website at http://www.smile.co.uk, click on 'talk to us' and then on complaints on the left hand menu. Here you'll find our full procedure.

 

Regards

 

Alex Hope

smile Complaints Team

 

Anyone else recieved a similar responce before they paid up?

Oh and dave may I ask how long it took to get your money back?

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caro

caro

Posted
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Well done Dave. The success stories just keep on piling up. Very encouraging for those of us who are starting out. Keep up the good work. Glad you are donating in recognition of the help from this site. Keep up the good work with the other claims too.:)

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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Dave J

Dave J

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Hi Jacksy

 

They do not want to go to court, when the 14 days are approaching from the 2nd letter (LBA) make sure they realise the implications.

 

Re-iterate the deadline as much as you can, they really are running scared.

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Dave J

Dave J

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Data Request Dated 3/3/06 (received a reply saying its X per statement)

Unhappy reply these are your DPA responsibilities letter sent 14/03/06

Prelim sent 26/4/06

LBA 10/05/06

 

Paid today 27/05/06

 

Nearly three months.

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talula

talula

Posted
Posted

ohh fantastic.

 

i sent my letter for £627 by recorded yesterday so they should get it on Tuesday.

 

also sent one for my standard co-op account for about £230 and am going to start working out the amounts for my Pathfinder and HSBC accounts today.

 

then roll on credit and store cards....

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  • 12 years later...
Dave J

Dave J

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This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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