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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
      • 161 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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hfc is it legal ??


feelinglow
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Hi pedross

 

Bit of bad news I'm afraid had this letter drop through my door today from HFC..

 

http://i401.photobucket.com/albums/pp94/badger1964_2008/100042.jpg

 

Nice little xmas prezzie from them after all this time why didn't they just send it in the 1st place instead of just messing me around...

Does this mean the end of things now am I stuck ??

 

Thanks for all the help you have given over the months you have been great with all the advice you have given me, I have tipped your scales for you.. Hope you have a nice xmas and new year and same to all that have read this thread Merry Christmas.

 

Best Rgds

FL

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Hi FL

You have only uploaded the covering letter I cannot see the agreement. As you say they send it to arrive in time for Xmas after all this time when they could have left it a few more days. Sums them up really.

 

They had enough time to find it earlier so if it is so watertight why did they just not send it until this stage.

 

Do not let it spoil your Xmas which is probably what they intended seeing as we have been winning up to now. If you load the agreement I will have a look at it and then we will make our next move.

 

Its not the end whatever it shows its just another item to take into account. The shows not over etc.......

 

Have a good Xmas and dont let this get in the way.

 

Regards

 

Pedross

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There is an insurance premium on there, any chance that it could have been mis sold ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Just had a quick look and the first thing that stands out to me is the fact that the dates are not in the schedule. It does not look as if you have blanked them out so do I take it that they were not entered.

 

The agreement states that you agreed to repay the money on the dates shown therefore why would you pay it on any other date. Is this why they did not send it?

 

Pedross

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Hi pedross

 

On the agreement that they sent the other day that is signed like you say there are no dates marked in there, but on the other 2 different agreements they sent me that aren't signed the dates are in there for some reason don't know why they are not in the signed 1.

 

http://i401.photobucket.com/albums/p...wagreement.jpg

 

http://i401.photobucket.com/albums/p...ementcopy1.jpg

 

Rgds

FL

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Hi FL

 

Thanks and best wishes to you also.

 

Basically, the figures should be in the agreement you signed. In addition, there is a potential claim on the PPI even though you have used it to your benefit. Thats a bit more complicated and I need to look into it.

 

The next step will be to send another letter telling them that they still do not have an enforceable agreement, giving them the options and asking them to confirm what they want you to do next (re last letter)

 

I might not be able to sort this for a few days but we are still in the driving seat so we should take our time. If they think you are getting legal advice they will not expect an answer until next week.

 

Pedross

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Hi FL

 

I have looked at the whole thread again and it is now getting more complicated. Looking through the PPI documents etc it is probably best to leave this alone at the moment.

 

The agreement includes an amount to pay off a previous loan so I believe that the previous agreement may also be relevent. If that is unenforceable or not available it will help your cause.

 

I will continue looking into it for you.

 

Pedross

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  • 3 weeks later...

Hi pedross

 

How's things your end well I hope.. I've not heard from them as yet but now I've spoken I proberbly will lol. Thing is do you remember when they knocked on my door and I sent them packing, well the bloke that came that day gave me his contact details to deal with him with any letters that I would be sending. The last letter you did for me that you sent to my private email address, well I sent it to him 1st class recorded delivery and guess what, it was returned to me today still sealed and unopened and the box they have ticked saying why it wasn't delivered was ( not called for ). They tried to deliver it on the 16/12 since they couldn't they took it back to the sorting office and no one bothered to go and collect it. So no one as actually seen or even read that last letter ? what should I do now sit tight and wait to hear from them ? as you know they came back with a signed copy of the agreement in the end after alot of messing around their end. so I'm guessing I can't resend this letter now to somebody else. I'm suprised they have left it this long to be honest. Thx again.

 

Rgds

FL

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Hi FL

 

I must admit I have not had very much time since Xmas and that is the reason that I have not posted. In view of this latest information I think you should just wait for their next contact, then we can decide how to handle it.

 

They did come back with a copy of the agreement but part of the loan was to pay off another agreement so if they start chasing you again we will want to see that agreement also. If they do not have that or it is faulty in some way it will give you another argument.

 

I will go through what they have provided once we know what they intend to do next.

 

I hope that this is satisfactory to you, I think it is probably the best way forward rather than show signs of weakness by contacting them first.

 

However you look at it they will not get a lot of money from you and they probably realise that which is why they are in no hurry.

 

Pedross

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  • 4 weeks later...

Hi pedross

 

Long time no speak, hope your keeping well ?

Finally got a letter off of them the other day but it's about my income and bills and how much I can pay basically. Could not get it up till today had problems with my scanner which is fixed now thankfully,

 

http://i401.photobucket.com/albums/pp94/badger1964_2008/Hfc250210001.jpg

 

Thx again pedross speak to you soon.

 

Rgds

FL

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Hi pedross

 

How's things your end well I hope.. I've not heard from them as yet but now I've spoken I proberbly will lol. Thing is do you remember when they knocked on my door and I sent them packing, well the bloke that came that day gave me his contact details to deal with him with any letters that I would be sending. The last letter you did for me that you sent to my private email address, well I sent it to him 1st class recorded delivery and guess what, it was returned to me today still sealed and unopened and the box they have ticked saying why it wasn't delivered was ( not called for ). They tried to deliver it on the 16/12 since they couldn't they took it back to the sorting office and no one bothered to go and collect it. So no one as actually seen or even read that last letter ? what should I do now sit tight and wait to hear from them ? as you know they came back with a signed copy of the agreement in the end after alot of messing around their end. so I'm guessing I can't resend this letter now to somebody else. I'm suprised they have left it this long to be honest. Thx again.

 

Rgds

FL

 

 

I would say this might be worth contacting the OFT in respect of the returned letter.

 

I am sure that by giving you a "duff " address they are breaking some guideline ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I would say this might be worth contacting the OFT in respect of the returned letter.

 

I am sure that by giving you a "duff " address they are breaking some guideline ?

 

Hi CB

 

I expect you are right, that s a good idea, but we are probably best to save all these up to show a catologue of errors all together. More importantly, you have reminded me about the previous letter, which we may now want them to have.

 

Hi FL

 

Can you email me the letter in CB's post please, to make sure I am looking at the right letter.

 

I will then do you the next letter to send to HFC which will get them scratching their heads again.

 

Pedross

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  • 3 weeks later...

Hi pedross..

 

Just a quick reminder for you cheers bud..

 

1 other thing as well. I was having a clear out today and guess wot I found all the paper work for the other loan that you said you wouldn't mind finding out about earlier in the thread. I will get everything scanned and put up here for you by tomoz.. hope this is of any help. thx again. speak soon.

 

Rgds

FL

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You are actually under no obligation to provide them with the information they have asked you for.

 

If you have completed an I&E form already then that should be sufficient and they are just being obstructive.

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Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi FL

 

Thats a good point from CB.

 

I am sorry I have not been up to speed on this but I have had a big task on and its not a 5 minute job sorting out our next move.

 

I will be catching my work up this week and will spend some time to do your next letter. They are just pushing their luck to see what responce they get probably.

 

I have not deserted you.

 

Pedross

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