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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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      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. 
       

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    • A2Dominion - Housing Association property flooding - damning ombudsman report

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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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    • 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 first claim against HSBC - Settled

Spiceskull

By Spiceskull
in HSBC, FD and HFC successes

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Spiceskull

Spiceskull

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Nope, I'm wrong? Who posted that to my reps?

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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un1boy

un1boy

Posted
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Do what?

 

Indeed!!

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Spiceskull

Spiceskull

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Someone posted a rep to my post, telling me that I was wrong...I may well be, but I need to know what it was that I was wrong about...especially as I am in court in a couple of hours for an allocation hearing...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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Spiceskull

Spiceskull

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The judge decides how to allocate all the money to the claimants (me!!!) - seriously though, it is to determine what track to allocate the hearing proper to (small claims track in my case...)

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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RussellRoberts

RussellRoberts

Posted
Posted

Hi Phoenix, a couple of questions if thats ok,

 

I received a Notice of transfer of proceedings to my local court on the 3rd October, with an allocation questionnaire that I duly filled in and hand delivered on the 4th of October (the AQ didn't have to be returned until the 21st October). I had an offer of two thirds on the 9th which I politely accepted as part payment etc, I then got a letter back dated the 19th still offering two thirds explaining how the figure was calculated. "We do not consider that the claim for all debit interest charged to the account or the money transmission charges, which relate to specific account transactions that you authorised, have any merit as they have no relevance to your claim which is stated to be a refund of alleged "penalty charges". We are therefore instructed to repeat the offer of......"

My questions are:

 

From your experience, how long was it between Notice of transfer of proceedings/deadline for allocation questionairre to hearing a court date?

 

Are there deadlines at this stage? Am I being dim here or do I just wait to hear from my local court?

 

How much longer can this go on, every where I look, and believe me I've looked, say that it is unlikely that it will get to this stage.

 

I'd really appreciate any help, advice or feedback on my situation, It's starting to do my head in. Thanks

 

Russell

Business Account Statements rec'd 8/07/06

request for repayment sent r/d 16/07/06 £2723.04

LBA sent 12/08/06 No Joy

Moneyclaim issued £3291.15 31/08/2006

 

HSBC Personal account £695.11 Settled in full:D :D

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Spiceskull

Spiceskull

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There is no hard and fast timetable, but the civil procedure rules state that an allocation hearing (a rare occurrence) should be timetabled 'promptly' and in a timely fashion.

 

I take this to mean that you should find out in a couple of weeks, and certainly that you should find out with at least 7 days notice. My case involved notification being sent to the wrong address!!! and you can read all about it here.

 

In a nutshell, you wait to hear from the court. However, and as mentioned, an allocation hearing is a rare occurrence, and the offer you received indicates that the bank does not want to go down this route.

 

I suggest you stick out for the full amount. Not quite sure what the amount they contest relates to, but I would look over your own calculations again. If there is anything you feel they could justifiably resist (have you made errors calculating the interest?) then amend your figures and accept the revised amount.

 

If there is anything in error in your claim, and they decide to defend, you could come off worse in the court. Check your figures, and offer to accept what you know you can justify in court. If you want some help with this, PM me and we can continue by looking at your calculations in private.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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RussellRoberts

RussellRoberts

Posted
Posted

Phoenix Thankyou,

 

I was hedging my bets a little to be honest. I hadn't had much response in my own thread for a while and was panicking, so decided to ask someone directly that had or was having a similar experience. My apologies if I butted in in any way:-) . I am currently going through my statements as i type to check details. I am right in assuming (I hope!!) that I can claim back "Total charges", "recall so/dd", "unpaid items" and 8% interest on these amounts. I have not included overdraft interest (although I could have done, but it seemed like a minefield), arrangement fees, or overdraft fees. Did I make it clear that this was a business account? and do you think this would make an difference?

 

Thankyou for your patience

 

Russell

Business Account Statements rec'd 8/07/06

request for repayment sent r/d 16/07/06 £2723.04

LBA sent 12/08/06 No Joy

Moneyclaim issued £3291.15 31/08/2006

 

HSBC Personal account £695.11 Settled in full:D :D

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un1boy

un1boy

Posted
Posted

Hi Russell, you are right in terms of the things are and aren't claiming for......I don't have a business account, but I assume that it is the same - I'm sure someone will correct me if I'm wrong!! :)

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Spiceskull

Spiceskull

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TBH the rules on unfair contract terms apply to business accounts as well as personal accounts, but you need to ensure that your letters do NOT refer to CONSUMER regulations. It's been a while, but I think you just need to drop the reference to UTCCR in your letters - all other regulations are equally valid...if this makes sense.

 

What I would stress is that you must be doubly sure that all your figures are correct: in business accounts you may well have agreed to be charged for certain services, and as such these would not be recoverable. Better to err on the side of caution rather than right, and you should not encounter any hurdles.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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Spiceskull

Spiceskull

Posted
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Posted

Going there now - any help in particular?

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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  • 12 years later...
Spiceskull

Spiceskull

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This topic was closed on 03/07/19.

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

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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Please

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That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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