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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.

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      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
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    • 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.
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      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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Advice Required:Hardship Claim, HBOS offer


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I recently submitted a hardship claim with HBoS, claiming for £2300 of charges. They have made an offer of £749 which I am not going to accept and will negotiate with them. The offer is conditional on it being paid directly into my account - this is where I require some advice......Am I within my rights to only accept any offer in form of payment by cheque as my overdraft has been withdrawn and I won't see a penny of any refund? My account is overdrawn by about £1500 which I am more than happy to pay back but over a period of say 1 year and I would much rather have any charge settlement by cheque as I have a couple of priority debts I would like to settle.

 

Thanks in advance for any help.

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I recently submitted a hardship claim with HBoS, claiming for £2300 of charges. They have made an offer of £749 which I am not going to accept and will negotiate with them. The offer is conditional on it being paid directly into my account - this is where I require some advice......Am I within my rights to only accept any offer in form of payment by cheque as my overdraft has been withdrawn and I won't see a penny of any refund? My account is overdrawn by about £1500 which I am more than happy to pay back but over a period of say 1 year and I would much rather have any charge settlement by cheque as I have a couple of priority debts I would like to settle.

 

Thanks in advance for any help.

 

You have every right to ask them to write cheques to the various priority debt arrears, you have every right to negotiate the amount based on the priority debt arrears against amount they owe you.

If they have withdrawn the overdraft, then they have made themselves a priority debtor so if after paying the £749 into the account that it does not cover priority debt arrears(mortgage/rent, council tax, utilities) then I think there is a good argument for negotiation.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Hi guys would it not be a case of i accept the payment on the grounds that it is not the final settlement and will continue to proceed to regain the rest of the charges in court.?

 

I have struggled like mad to even get two departments in HBOS to talk to each other with my hardship case. Their Money management team accept that I am a serious hardship case but couldn't send their report through to their customer services team. Until I mentioned the Ombudsman and their incompetant system.

 

regards nigel

HALIFAX CURRENT ACCOUNT SETTLED IN FULL 9/9/06.

 

N1 form completed 05-06-07,LBA sent 14-05-07,2nd go!Prelim sent 24/04/07

 

Halifax Visa 1.Paid in full

Halifax Classic.Paid in full.

 

LBA sent 14-05-07,GMAC prelim sent 24/04/07

 

Data Protection Act for halifax mortgage 16/09/06.

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Hi guys would it not be a case of i accept the payment on the grounds that it is not the final settlement and will continue to proceed to regain the rest of the charges in court.?

 

I have struggled like mad to even get two departments in HBOS to talk to each other with my hardship case. Their Money management team accept that I am a serious hardship case but couldn't send their report through to their customer services team. Until I mentioned the Ombudsman and their incompetant system.

 

regards nigel

 

Under the FSA Waiver on Bank charges, unless the offer is 100% then any offer is not a full and final settlement, cos they can't do that.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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So why would a bank only offer doc8207 a certain amount of the total charges.?

HALIFAX CURRENT ACCOUNT SETTLED IN FULL 9/9/06.

 

N1 form completed 05-06-07,LBA sent 14-05-07,2nd go!Prelim sent 24/04/07

 

Halifax Visa 1.Paid in full

Halifax Classic.Paid in full.

 

LBA sent 14-05-07,GMAC prelim sent 24/04/07

 

Data Protection Act for halifax mortgage 16/09/06.

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I sent a letter negotiating their offer to which they wrote back advising that it was their maximum offer and my claim was now on hold until the FSA ruling. Should I just take the case to the ombudsman?

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I sent a letter negotiating their offer to which they wrote back advising that it was their maximum offer and my claim was now on hold until the FSA ruling. Should I just take the case to the ombudsman?

I know they say they won't negotiate but try this, priority debt arrears(mortgage/rent, utilities, council tax) = x amount. And offer = y amount. if the difference is a minus figure then ask them to make the cheques payable directly to the priority debt creditors. Give them one last chance(let's say 7 days to respond). I would accept the interim payment but the negotiation as above.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Sorry to high jack the thread but would it also be appropriate to mention the further action to the FOS if they fail to go with you on this.They don't seem to be worried about the FOS at all.

 

Regards Nigel

HALIFAX CURRENT ACCOUNT SETTLED IN FULL 9/9/06.

 

N1 form completed 05-06-07,LBA sent 14-05-07,2nd go!Prelim sent 24/04/07

 

Halifax Visa 1.Paid in full

Halifax Classic.Paid in full.

 

LBA sent 14-05-07,GMAC prelim sent 24/04/07

 

Data Protection Act for halifax mortgage 16/09/06.

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Cant you ask for a cheque made out to you so you can use it for what you need like food. Im sick of living on cheap pasta and beans on toast. I try and feed the kids better but cant always affor it.

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