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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
      • 160 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
        • Like

Cahoot charges


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12/03/06 - Initial letter sent to reclaim £900.00 in applied 'unauth overdraft fees' + 8% apr interest.

 

20/03/06 - Email received from Cahoot customer service relationship manager:

 

' I refer to your letter dated 8th March 2006 regarding your cahoot current account. I've taken ownership of your specific case to provide a response to the issues you've raised.

 

We don't accept that the cases that you mention apply in this situation or that Abbey's charges are unfair under the Unfair Terms in Consumer Contracts Regulations 1999. The object of these Regulations wasn't price control nor were they intended to interfere with people's freedom to agree the terms of their contracts.

 

It is well known that banks make charges and Abbey's charges are in line with those of other banks. The terms and conditions of the account and the charges that apply are clear and fair and were provided to you at the time you opened it. You freely agreed to the terms and conditions and the charges when you opened the account. You were not under any obligation to do so and could have gone to another bank if you did not agree to the charges. Equally, you are free to move your account to another bank at any time if you do not agree with the charges.

 

After checking all of the statements issued on your account since it was opened, I can confirm that a total of exactly £900 has been debited for exceeding your agreed overdraft limit. For the above reasons I will not be reimbursing any of these charges. I am sorry that I cannot be writing on more of a positive note and apologise for any disappointment that this may cause. If you still require copies of the statements attached to your account, please email me accordingly.'

 

21/03/06 - Summary Cause Summons drafted and posted to local Scottish Sheriff Court

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We don't accept that the cases that you mention apply in this situation or that Abbey's charges are unfair under the Unfair Terms in Consumer Contracts Regulations 1999. The object of these Regulations wasn't price control nor were they intended to interfere with people's freedom to agree the terms of their contracts.

 

Well, they might not accept it, but I sure hope they are willing to put their lack of acceptance in the hands of a judge!

 

As for their interpretation of the Regs 99, priceless!

 

Could you forward me a copy of the e-mail to:

 

[email protected], pls?

 

Well done with the swift action, btw! :D

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Yeah, you would think that they would try a bit harder to defend themselves.

 

How long does it take roughly for the response from the court then? I assume the court contacts the defender (Abbey) and serves them with my claim?

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Hello,

 

I requested £900.00 back from Abbey (Cahoot Credit Card). They refused so I have submitted a 'Summary Cause Summons' (Scottish law if over £750) to reclaim this amount.

 

Will keep you posted on the outcome.

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Hello,

 

I requested £900.00 back from Abbey (Cahoot Credit Card). They refused so I have submitted a 'Summary Cause Summons' (Scottish law if over £750) to reclaim this amount.

 

Will keep you posted on the outcome.

 

Great - but you have hijacked another thread. PLease could you start your own thread in Other Institutions. A separate Cahoot forum will be started soon.

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Sorry, I thought that members could post their own claims and details so that others may feel supported and drwa from other examples.

 

Didnt realise it was 'Hijacking'!

 

Yes please post your claims but please start your own thread. Any post regarding your claim should be in that thread.

 

If you feel you have someting to say about someone else's claim, feel free to post in that thread.

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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That's exactly what will happen.

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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Add me as your friend on FaceBook - I need all the friends I can get :-(

 

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  • 2 weeks later...

Hi there,

 

I submitted a Summary Cause Summons to reclaim cash back from Cahoot, but its been returned as I have not corrected named who I am raising the claim against.

 

Can anyone help with who I should name and the address for court action?

 

Thanks,

 

Dominic

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What about the back of your statements? They usually have the whole name and address (well, my other cards do).

 

Or maybe try to check the Cahoot site? They would have a "about us" or something like that.

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Hi there,

 

No I looked on the back of some Cahoot correspondence and found the actual Prudential head office address in London, so have raised an action in sheriff court using this address as the defender.

 

Would like to hear from others who have been successful with Cahoot though to check this is correct.

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  • 2 weeks later...
  • 12 years later...

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

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