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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. 
       

      Many thanks 
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    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      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.

omollmeg v Barclays - **WON**

omollmeg
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omollmeg

omollmeg

Posted
Posted

Hi I did all the preliminary letter writng and within 10days of sending it I got a reply saying most of the things already posted but that they "disagree with my legal analysis" and that when an account is opened the customer is provided with a copy of Terms and Conditions blah blah blah

 

Then :Quote "Putting the above aside, on this occasion and as a gesture of good will, I confirm I am willing to refund £1000, being almost half the total amount of charges claimed I am unable to agree to refund any overdraft interest you have incurred. I hope you agree this is fair and reasonable. If you would like to accept this offer please sign and return the enclosed form in the pre-paid envelope provided. I will then arrange for the payment to be credited direct to your current account.

If you wish to discuss this letter, or feel there are further issues I need to consider, please contact me on my direct number. If you are dissatisfied with my proposal for resolving your complaint you may ultimately be eligible to refer to the Financial Ombudsman Service.

In accordance with our standard practice unless I hear from you to the contrary within eight weeks from the date of this letter, I shall assume that your complaint is resolved and close my file.

Yours Sincerely.......

 

The total amount I was applying for was £2035 + £539.98 in interest so the amount they have offered is not half.

What should I do ??

It doesn't help when my husband thinks I should take the money as he is worried my account might get shut down..

Any advice please....

Many thanks

EVO

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Spiceskull

Spiceskull

Posted
Posted

Step one: open another account with another bank whilst your credit rating is good - this will prevent a divorce...and will provide you with a parachute if they do close your account

 

Step two: they suggested the ombudsman - take them at their word. A letter from the ombudsman will cost the bank £370 (see other threads)

 

Step three: what is the basis of the good will gesture refund (ask them)?

 

If it is purely goodwill, then proceed with the full claim (the bank is lawfully entitled to demonstrate goodwill to customers...)

 

If it is as a refund of your charges, ask them to apply goodwill gestures to the balance of your claim (the full claim)

 

Whatever they say, accept the money on the proviso that you will continue with your claim, and that the deadline you set them is still running. Obviously settlement of your FULL claim within this timeframe will enable you to stop the claim going to court...

 

Good luck.

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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BankFodder

BankFodder

Posted
Posted

 

Whatever they say, accept the money on the proviso that you will continue with your claim, and that the deadline you set them is still running. Obviously settlement of your FULL claim within this timeframe will enable you to stop the claim going to court...

 

Good luck.

 

You do not need to accept their money on any proviso. Just take the money. What you must not do is to accept their proviso that it is in full settlement.

If they do not make this condition then take the money and then go for the rest. You do not need to give them any warning when you are accepting their "Goodwill" gesture.

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omollmeg

omollmeg

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Hi

I just spoke with Lisa Brown-Customer relations manager and said that I would like to accept the £1000 but that I would stil be going ahead with the full claim. She said that the offer was a "full and final settlement" and I could not do both.

What now????

I don't want any bad ratings with bank etc have been with them for more years than i care to think about....

Phone number 020 7116 3994

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richardc

richardc

Posted
Posted
I believe and I could be corrected that there is no such thing as full and final settlement. I don't think that you taking the £1k can stop you from going to court

 

There is such a thing as a full and final settlement. If you take money and sign that it is full and final settlement of your claim, you can not then take further action in the courts to recover the remainder.

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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omollmeg

omollmeg

Posted
  • Author
Posted

Thanks for your help guys.

Still not sure what to do. £1000 alot of money and could

really do with not getting as far as court! Decisions decisions!!

Don't like bailing out either though... :(

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omollmeg

omollmeg

Posted
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Posted

Three

 

 

 

 

 

 

 

 

MODERATED threads joined .please keep to your original thread when updating this is for your benefit and the benefit of everyone who is following your claim

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Natasha

Natasha

Posted
Posted

Please can you keep all your questions that relate specifically to this claim in one thread, that way it makes it easier for other members to follow your story.

 

-thread locked-

 

Thank you

Natasha

 

Abbey-received DPA letter on 13/03, received some breakdown till 2004 waiting for the more recent ones(where most charges occurred)

sent reminder email on 17/4/06

called abbey on 19/04/06 to remind them:rolleyes:

sent another email on 26/04/06:mad:

Approx charges £2500

received £500 refund in dec 06

sent LBA

Capital one- sent DPA letter 17/03

Sent prim letter for charges of £260 14/04

Received a refund £109 awaiting further refund of £151

Settled IN FULL

Barclay card- Sent DPA letter 17/03 sent reminder 14/04

received info claiming £120

settled in FULL

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omollmeg

omollmeg

Posted
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Posted

Have decided after lots of reading on this site to go ahead.

I am going to send the customer aknowledgement slip back with DO NOT ACCEPT written on it.

Should I send anything else??another letter perhaps?and if yes is there another template as couldn't find one.

Many thanks

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omollmeg

omollmeg

Posted
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Ok I have now sent a reply!! Thought I had better do it before I got cold feet!

I put

I refer to your letter dated 21st March.

I have noted your offer and I am not prepared to except it as full indebtedness is £2,574.98.

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked..............

I require repayment in full of this money. If you do not comply fully within 14days then I shall begin a cliam against you for the full amount plus intersest plus my costs and without further notice.

Yours faithfully

 

Fingers crossed :roll:

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BankFodder

BankFodder

Posted
Posted

Well done.

You can actually enter into a contract where you agree not to sue in return for a payment of money.

 

I need to look into it though because it doesn't feel very satisfactory to me - as Dave suggests.

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Janet-M

Janet-M

Posted
Posted
PMed you BF re this.....

 

admins will not reply to PM'S over personal claims, as they have stated. If they replied personally to every PM they would not be able to do anything else .If you ask your question in the forum then the answer could benefit other people.

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M 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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apollo69

apollo69

Posted
Posted

I am bank staff and Bankfodder has taken on board information that I have provided but would rather not have posted publically. He will do with it what he feels is right.... It wasn't about my personal situation.

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Janet-M

Janet-M

Posted
Posted

sorry appollo ,if anyone has been asked to PM an admin then that is different.

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M 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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omollmeg

omollmeg

Posted
  • Author
Posted

Hi all,

Have just received my 2nd letter from ****** Barclays.

It is basically the same one they sent out before .

"If you would like to reconsider our offer for a refund of £1000,please sign and return the acceptance form enclosed........I apologise in advance as ity would appear we are unable to reach an amicable resolution.

If you wish to discuss this letter,or feel there are further issues I need to consider,please contact me on my direct tel no 020 7116 3994.If you are dissatisfied with my proposal for resolving your complaint you may ultimately be eligible to refer to the Financial Ombudsman Servie."

blah blah blah

Lisa Brown-Customer relations Manager

Help!!! Are they just stalling for time?? If I keep going can I end up with nothing???

what should I do next and are there any more pressing letters??

Many thanks

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richardc

richardc

Posted
Posted

The advice would be to reject the offer and continue with your claim to get all your money.

 

However, it's your money and your decision.

 

If you read around the forum, you will see plenty of cases in which people have stood their ground, rejected an offer and then get the claim in full.

 

Of course there is no guarantee and you must be prepared to go to court.

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

 

Thanks

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