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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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      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.

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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.

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      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.

Store card reclaiming

Ferg

By Ferg
in Store Cards

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Ferg

Ferg

Posted
Posted

Hi all,

 

I am in the process of claiming back store card charges. I sent a cheque for £10 to the company to release statements and charges. They have responded but claim that they have 'lost' data for around 7 months. I am now unable to work out what I can claim. Can anyone help?:(

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dpick

dpick

Posted
Posted
Hi all,

 

I am in the process of claiming back store card charges. I sent a cheque for £10 to the company to release statements and charges. They have responded but claim that they have 'lost' data for around 7 months. I am now unable to work out what I can claim. Can anyone help?:(

 

Had same problem with creditor they had "lost" 6 months of statements, I calculated the monthly average of charges covering the periods they had supplied and then calculated the value for the missing 6 months they never complained just paid up.

 

dpick

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Ferg

Ferg

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Oh, I also noted that they added interest per month and payment protection to the account. I did not ask for pp and this was not discussed when I naively signed up for the card in store...can I claim this back too? Soory, I am a bit of a newbie when it comes to tackling these parasites!!

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dpick

dpick

Posted
Posted
Oh, I also noted that they added interest per month and payment protection to the account. I did not ask for pp and this was not discussed when I naively signed up for the card in store...can I claim this back too? Soory, I am a bit of a newbie when it comes to tackling these parasites!!

 

Hi about PPI don't know for sure due to my claim for PPI was mes-selling with regard to medical condition. As for interest I claimed all interest applied to card for charges and also charged them interest on charges and interest applied to charges. Spreadsheet does this for you.

 

dpick

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MARTIN3030

MARTIN3030

Posted
Posted

Ferg which store card is it ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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mangle101

mangle101

Posted
Posted

It is Burtons....rrrrrr

 

If it is then if like me you are going to be in for a battle with Santander Cards UK, have been waiting since 24th March when i sent a request for an SAR, did not recieve any information so i sent a complaint to ICO & it is now in their hands, Good Luck tho.

Debt Free Since 1st September 2009:D

 

Target Savings For 2010 = £1000:)

 

Savings So Far = £700:lol:

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MARTIN3030

MARTIN3030

Posted
Posted

Yes if the 40 days have expired then send the non compliance letter (can be found in CAG library)

and file a complaint with the ICO

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Ferg

Ferg

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Hello all,

 

A quick update: I have received a letter from them today stating that they OFT had ruled that a £12 charge was reasonable and that their charging supports this rule. As a "good will gesture" they are sending £6 "in full and final settlement"...

 

They now say that it is over to the Financial Ombudsman Service or I can effectively do one!!

 

Any ideas on how to proceed?

 

The only letter I have sent to them so far was the letter asking them to refund me the full amount.

 

Next step is the threat to take them to the small claims court i suspect?

 

HELP!!!

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Ferg

Ferg

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Hi All,

 

I am having an irritating time with with Santander who state that the OFT agreed that a £12 fee is reasonable and that they won't refund the charges. This is merely their interpretation of the OFT ruling. I do not see that the OFT said it was OK to charge £12...

 

I have now written to them again stating that they are punitive charges and therefore unlawful. This is a letter that I am sending them before issuing a Letter Before Action.

 

Has anyone else had the same problem? If so, any advice??

 

Many thanks :confused:

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Crocdoc

Crocdoc

Posted
Posted

The OFT never at any time said that £12.00 was resonable and I recently confimed this at a meeting with representatives of the FSA. What the OFT did say was that any charge greater than £12.00 would be automatically unfair. You may wish to consider a Small Debt Action.

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Ferg

Ferg

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Thanks Crocdoc. They imply in their letter that £12 is a fee that the OFT has agreed is fair (something which i believe is utter BS).

 

I have responded to the letter saying so and re-iterated what I put in the original letter, saying that I am demanding ALL charges back. I have given them 7 days to respond and if I hear nothing, I will issue a Letter Before Action.

 

RRRR!!

 

I haven't even asked for the interest or the PPI that they chose to put on the account either....

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sallysas

sallysas

Posted
Posted

You could just sent the lba adding in your response to their last letter. Now you have given them a week and then will be sending the lba..........

 

I suggest you read some longer threads to make yourself 100% sure of how to proceed. Is this a bank or credit card claim - the lba is different but at least when you file at court if it is not a current account you won't be waiting for the Test Case

 

 

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yourbank

yourbank

Posted
Posted

I would google OFT 842 and quote them 1.14 and tell them to save additional legal costs on their part you will settle for £xx.xx(the amount your are reclaiming).

They will payout.

.

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

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Ferg

Ferg

Posted
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Thanks for your advice people. It is an old store card (Burtons). I racked up a few charges on the card and then paid it all off but I am now making sure I get all the charges back. Annoyingly, I just asked for the charges and did not take in to account the interest and the fact that they also added PPI on to my account...I never asked for PPI. I will see what happens with the last letter I sent and will keep the details posted on here.....victory will be mine!!!

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pennypenny

pennypenny

Posted
Posted

Good luck Ferg,

 

They said exactly the same to me, that the OFT said the £12 charge was fair and after a lot of letters back and forth they still wouldn't give in so I have issued a court claim against them. I have added interest to my claim and it has now been transferred to my local court so it seems they are still not going to give up so easily.

 

I will watch your thread to see how you get on.

 

Penny:)

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Ferg

Ferg

Posted
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Santander have sent a cheque for a paltry amount, stating that it is a gesture of goodwill; I see it as more of an insult!

 

I did put in the last letter that I sent to them, that I would take the amount offered on the inderstanding that it was part of the payment I should be receiving and that I would be pursuing the full amount...

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  • 2 weeks later...
Ferg

Ferg

Posted
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Posted

Hi All,

 

I have still heard nothing from Santander so it looks like I will have to send them a Letter Before Action Letter....Any suggestions?

 

I think they are going to drag their feet but it is not a problem as I am going to be a thorn in their parasitic side until they cough up!

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Ferg

Ferg

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Hi,

 

I have reached a stalemate with Santander. After sending them a letter stating that I wanted all charges levied on me back, they sent a cheque for £6 (nowhere near what they owe me) and stated that if I was unhappy I would have to take it up with the Financial Ombudsman.

 

I have sent them a letter back stating that I will accept the £6 paltry offering as a part payment on the understanding that I will be pursuing the rest of the money the owe.

 

I have not heard anything since (this was about a week ago).

 

Shall I just send them a Letter Before Action?

 

Any ideas gratefully received.

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maroondevo52

maroondevo52

Posted
Posted

Hi,

 

I'd give them 14 days from your rejection letter, then send this...........

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/121-bookworm

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

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