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    • 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
      • 162 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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Particulars of claim


dannster
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Hey,

 

I was wondering if you could tell me if this is ok? It's for this section on Money Claim Online:

 

Particulars of claim

 

A short statement (maximum 1080 characters) of what you are claiming for and why. Also include details of any interest that you are claiming.

 

And am I correct entering this?:

 

I have a contract with the defendant bank dated 12/11/2004 and which is conducted on their standard terms and conditions. I am claiming the return of money taken by the defendant in the way of charges over the last 16 months, plus the interest levied on those charges. The banks charges are a disproportionate penalty and therefore unenforcable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contract) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para. 8 and sch. 2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. I have repeatedly asked the bank to justify their charges but they have declined to do so.

 

And then list the charges that I have worked out in Excel with the 8% APR?

 

Will it all fit? lol

 

Danny :)

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Hey,

 

I was wondering if you could tell me if this is ok? It's for this section on Money Claim Online:

 

Particulars of claim

 

A short statement (maximum 1080 characters) of what you are claiming for and why. Also include details of any interest that you are claiming.

 

And am I correct entering this?:

 

I have a contract with the defendant bank dated 12/11/2004 and which is conducted on their standard terms and conditions. I am claiming the return of money taken by the defendant in the way of charges over the last 16 months, plus charges levied by way of interest on those charges. The banks charges are a disproportionate penalty and therefore unenforcable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contract) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para. 8 and sch. 2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. I have repeatedly asked the bank to justify their charges but they have declined to do so.

 

And then list the charges that I have worked out in Excel with the 8% APR?

 

Will it all fit? lol

 

Danny :)

 

You will be better off using an N1.

 

There is one linked in the library which allows you to type and then print it out.

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  • 10 months later...
  • 12 years later...

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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at the bottom of one of the posts.

 

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Please

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Thanks

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