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    • If you are buying a used car – you need to read this survival guide.
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    • 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
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    • 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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And so it begins...


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got a letter back saying sorry i dont accept the 25%, now go away. moneyclaim time....

 

ALLL HELP AND ADVICE APPRECIATED AT THIS POINT!

 

Read the FAQ and use the templates all the info you need is there. If there is anything specific you are ahving a problem with then post back.

Consumer Health Forums - where you can discuss any health or relationship matters.

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how ya doin whitemouse?

 

Just thought i'd let you know, i'm at exactly the same point as you with I.F, received there customary 25% offer letter on the 25th, sent a thanks but no thanks letter same day and got a letter back today saying they will not refund any more so i'm filing the court claim today.

 

I actually called Rhona Kerr-Sloan to have a bit of an informal chat today, just to ask a few questions and to double check that that was there last offer as i was about to file court claim and that would result in them paying hundreds more......but sounds like her hands are tied... 'just leave it to the litigation dpt in halifax she says'...

 

Will do, its their loss at the end of the day!!

NatWest

- LBA Sent: 23/10/06

- MCOL Claim Filed: 06/11/06

- Claim Acknowledged: 14/11/06

- Defence Received: 08/12/06

- Cobbetts AQ Received: 27/12/06

LLOYDS TSB

- LBA Sent: 23/10/06

- MCOL Claim Filed: 06/10/06

- Claim Acknowledged: 15/11/06

- Defence Recd/AQ Sent: 06/12/06

- SCM AQ Recd: 15/12/06

MORGAN STANLEY

- Partial Offer Received with statements: 03/11/06

- Prelim Sent: 07/11/06

- Settled in Full: 17/11/06 :)

NATIONWIDE

- LBA Sent: 23/11/06

- Settled in Full: 21/12/06:)

- Account Closure Notification: 23/12/06

INTELLIGENT FINANCE

- LBA Sent: 23/11/06

- Partial offer Recd: 25/11/06

- Rejection Sent: 25/11/06

- MCOL Claim Filed: 30/11/06

- Judgment Filed: 04/01/06

BLACK HORSE

- S.A.R Sent: 16/11/06

NATWEST VISA

- S.A.R Sent: 16/11/06

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ok, tyring to do mcol but on the particulars of claim it won't submit, i can only guess that its due to it being over 24 lines despite being well within the 1080 character limit.

 

1. The Claimant has an account xxxx with the Defendant, opened xxxx.Since xxxx the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. 4. Claimant contends a)The charges exceed the Defendant's losses caused by the breaches; (b)The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999,Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims a) return of the amounts debited of £xx;(b) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from xx to xx of £xx and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £xx 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.

 

 

 

how can i trim it down??

repeat S.A.R - (Subject Access Request) letter sent recorded 20/10/06

list of charges & cheque for £10 received 24/10/06

Prelim letter sent 24/10/06

another £10 cheque received and lba sent 03/11/06

16/11/06 25% of claim offered

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ok, just deleted step 6 towards the end, claim submitted!

repeat S.A.R - (Subject Access Request) letter sent recorded 20/10/06

list of charges & cheque for £10 received 24/10/06

Prelim letter sent 24/10/06

another £10 cheque received and lba sent 03/11/06

16/11/06 25% of claim offered

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  • 2 weeks later...

mcol acknowledged 11/12/06

repeat S.A.R - (Subject Access Request) letter sent recorded 20/10/06

list of charges & cheque for £10 received 24/10/06

Prelim letter sent 24/10/06

another £10 cheque received and lba sent 03/11/06

16/11/06 25% of claim offered

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they still have acknowledged mine yet!! theyve got until 19th!

NatWest

- LBA Sent: 23/10/06

- MCOL Claim Filed: 06/11/06

- Claim Acknowledged: 14/11/06

- Defence Received: 08/12/06

- Cobbetts AQ Received: 27/12/06

LLOYDS TSB

- LBA Sent: 23/10/06

- MCOL Claim Filed: 06/10/06

- Claim Acknowledged: 15/11/06

- Defence Recd/AQ Sent: 06/12/06

- SCM AQ Recd: 15/12/06

MORGAN STANLEY

- Partial Offer Received with statements: 03/11/06

- Prelim Sent: 07/11/06

- Settled in Full: 17/11/06 :)

NATIONWIDE

- LBA Sent: 23/11/06

- Settled in Full: 21/12/06:)

- Account Closure Notification: 23/12/06

INTELLIGENT FINANCE

- LBA Sent: 23/11/06

- Partial offer Recd: 25/11/06

- Rejection Sent: 25/11/06

- MCOL Claim Filed: 30/11/06

- Judgment Filed: 04/01/06

BLACK HORSE

- S.A.R Sent: 16/11/06

NATWEST VISA

- S.A.R Sent: 16/11/06

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i'm not sure what it actually means other than it gives them another 28 days

repeat S.A.R - (Subject Access Request) letter sent recorded 20/10/06

list of charges & cheque for £10 received 24/10/06

Prelim letter sent 24/10/06

another £10 cheque received and lba sent 03/11/06

16/11/06 25% of claim offered

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its not another 28 days, its 14 more days (28 days in total) from the date that the claim was deemed to be served on the defendant, you should have this date in the confirmation ltter from the court!

NatWest

- LBA Sent: 23/10/06

- MCOL Claim Filed: 06/11/06

- Claim Acknowledged: 14/11/06

- Defence Received: 08/12/06

- Cobbetts AQ Received: 27/12/06

LLOYDS TSB

- LBA Sent: 23/10/06

- MCOL Claim Filed: 06/10/06

- Claim Acknowledged: 15/11/06

- Defence Recd/AQ Sent: 06/12/06

- SCM AQ Recd: 15/12/06

MORGAN STANLEY

- Partial Offer Received with statements: 03/11/06

- Prelim Sent: 07/11/06

- Settled in Full: 17/11/06 :)

NATIONWIDE

- LBA Sent: 23/11/06

- Settled in Full: 21/12/06:)

- Account Closure Notification: 23/12/06

INTELLIGENT FINANCE

- LBA Sent: 23/11/06

- Partial offer Recd: 25/11/06

- Rejection Sent: 25/11/06

- MCOL Claim Filed: 30/11/06

- Judgment Filed: 04/01/06

BLACK HORSE

- S.A.R Sent: 16/11/06

NATWEST VISA

- S.A.R Sent: 16/11/06

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deemed served on the 6/12, hope they chop chop!!

repeat S.A.R - (Subject Access Request) letter sent recorded 20/10/06

list of charges & cheque for £10 received 24/10/06

Prelim letter sent 24/10/06

another £10 cheque received and lba sent 03/11/06

16/11/06 25% of claim offered

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hmmm, received a letter from legal services today asking for my account number or roll number (?) as i had forgotten to put them in my claim despite the first line saying:

1. The Claimant has an account xxxxxxxx with the Defendant, opened xx/xx/xx

 

stalling tactic?

 

repeat S.A.R - (Subject Access Request) letter sent recorded 20/10/06

list of charges & cheque for £10 received 24/10/06

Prelim letter sent 24/10/06

another £10 cheque received and lba sent 03/11/06

16/11/06 25% of claim offered

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Probably a mistake their side, might be an idea just to call them so they don't try to strike out your claim.

 

So have they acknowledged your claim yet on MCOL, they still havent with mine, i'll apply for judgemnt tomorrow!

NatWest

- LBA Sent: 23/10/06

- MCOL Claim Filed: 06/11/06

- Claim Acknowledged: 14/11/06

- Defence Received: 08/12/06

- Cobbetts AQ Received: 27/12/06

LLOYDS TSB

- LBA Sent: 23/10/06

- MCOL Claim Filed: 06/10/06

- Claim Acknowledged: 15/11/06

- Defence Recd/AQ Sent: 06/12/06

- SCM AQ Recd: 15/12/06

MORGAN STANLEY

- Partial Offer Received with statements: 03/11/06

- Prelim Sent: 07/11/06

- Settled in Full: 17/11/06 :)

NATIONWIDE

- LBA Sent: 23/11/06

- Settled in Full: 21/12/06:)

- Account Closure Notification: 23/12/06

INTELLIGENT FINANCE

- LBA Sent: 23/11/06

- Partial offer Recd: 25/11/06

- Rejection Sent: 25/11/06

- MCOL Claim Filed: 30/11/06

- Judgment Filed: 04/01/06

BLACK HORSE

- S.A.R Sent: 16/11/06

NATWEST VISA

- S.A.R Sent: 16/11/06

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yeah mine was acknowledged, gives them until about 04/01.

i emailed the person who wrote yesterday's letter, they said it was because i only included the account number not the sort code. i thought IF only had one sort code, and even if not, surely they could find it out on the internal phone quicker than writing to me???

repeat S.A.R - (Subject Access Request) letter sent recorded 20/10/06

list of charges & cheque for £10 received 24/10/06

Prelim letter sent 24/10/06

another £10 cheque received and lba sent 03/11/06

16/11/06 25% of claim offered

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you would think so wouldnt you, their incompetency really doesnt surprise me, i had nothing but problems when i was with them.

NatWest

- LBA Sent: 23/10/06

- MCOL Claim Filed: 06/11/06

- Claim Acknowledged: 14/11/06

- Defence Received: 08/12/06

- Cobbetts AQ Received: 27/12/06

LLOYDS TSB

- LBA Sent: 23/10/06

- MCOL Claim Filed: 06/10/06

- Claim Acknowledged: 15/11/06

- Defence Recd/AQ Sent: 06/12/06

- SCM AQ Recd: 15/12/06

MORGAN STANLEY

- Partial Offer Received with statements: 03/11/06

- Prelim Sent: 07/11/06

- Settled in Full: 17/11/06 :)

NATIONWIDE

- LBA Sent: 23/11/06

- Settled in Full: 21/12/06:)

- Account Closure Notification: 23/12/06

INTELLIGENT FINANCE

- LBA Sent: 23/11/06

- Partial offer Recd: 25/11/06

- Rejection Sent: 25/11/06

- MCOL Claim Filed: 30/11/06

- Judgment Filed: 04/01/06

BLACK HORSE

- S.A.R Sent: 16/11/06

NATWEST VISA

- S.A.R Sent: 16/11/06

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  • 2 weeks later...

ok, i reckon that 28 days from being served on 6/12 gives them until 4pm today. what happens if i have heard nothing?

repeat S.A.R - (Subject Access Request) letter sent recorded 20/10/06

list of charges & cheque for £10 received 24/10/06

Prelim letter sent 24/10/06

another £10 cheque received and lba sent 03/11/06

16/11/06 25% of claim offered

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Hello again, have just filed for judgement myself today, they had until yetserday to file a defence.

 

Its dead easy to do, just clcik on the 'start' button on mcol - fill in how you would like to be payed (i've put the immediately option) and work out how much more in interest your due since you filed your claim and fill that in the box provided.

 

Just hope the courts dont let them file a defence now that their time is up!!!

 

Good luck

NatWest

- LBA Sent: 23/10/06

- MCOL Claim Filed: 06/11/06

- Claim Acknowledged: 14/11/06

- Defence Received: 08/12/06

- Cobbetts AQ Received: 27/12/06

LLOYDS TSB

- LBA Sent: 23/10/06

- MCOL Claim Filed: 06/10/06

- Claim Acknowledged: 15/11/06

- Defence Recd/AQ Sent: 06/12/06

- SCM AQ Recd: 15/12/06

MORGAN STANLEY

- Partial Offer Received with statements: 03/11/06

- Prelim Sent: 07/11/06

- Settled in Full: 17/11/06 :)

NATIONWIDE

- LBA Sent: 23/11/06

- Settled in Full: 21/12/06:)

- Account Closure Notification: 23/12/06

INTELLIGENT FINANCE

- LBA Sent: 23/11/06

- Partial offer Recd: 25/11/06

- Rejection Sent: 25/11/06

- MCOL Claim Filed: 30/11/06

- Judgment Filed: 04/01/06

BLACK HORSE

- S.A.R Sent: 16/11/06

NATWEST VISA

- S.A.R Sent: 16/11/06

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is there any reason for sonsidering not filing for judgement? the deadline passed at 4pm yesterday

repeat S.A.R - (Subject Access Request) letter sent recorded 20/10/06

list of charges & cheque for £10 received 24/10/06

Prelim letter sent 24/10/06

another £10 cheque received and lba sent 03/11/06

16/11/06 25% of claim offered

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cant see any reason why you wouldnt want to file for judgement, i filed yesterday and its been accepted today, the order has now been sent to I.F and fingers crossed, must be only a week or so till i get the cash!!

NatWest

- LBA Sent: 23/10/06

- MCOL Claim Filed: 06/11/06

- Claim Acknowledged: 14/11/06

- Defence Received: 08/12/06

- Cobbetts AQ Received: 27/12/06

LLOYDS TSB

- LBA Sent: 23/10/06

- MCOL Claim Filed: 06/10/06

- Claim Acknowledged: 15/11/06

- Defence Recd/AQ Sent: 06/12/06

- SCM AQ Recd: 15/12/06

MORGAN STANLEY

- Partial Offer Received with statements: 03/11/06

- Prelim Sent: 07/11/06

- Settled in Full: 17/11/06 :)

NATIONWIDE

- LBA Sent: 23/11/06

- Settled in Full: 21/12/06:)

- Account Closure Notification: 23/12/06

INTELLIGENT FINANCE

- LBA Sent: 23/11/06

- Partial offer Recd: 25/11/06

- Rejection Sent: 25/11/06

- MCOL Claim Filed: 30/11/06

- Judgment Filed: 04/01/06

BLACK HORSE

- S.A.R Sent: 16/11/06

NATWEST VISA

- S.A.R Sent: 16/11/06

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i just thought i'd read something about them being able to apply for an extension or something, dragging it out even longer

repeat S.A.R - (Subject Access Request) letter sent recorded 20/10/06

list of charges & cheque for £10 received 24/10/06

Prelim letter sent 24/10/06

another £10 cheque received and lba sent 03/11/06

16/11/06 25% of claim offered

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cant see any reason why you wouldnt want to file for judgement, i filed yesterday and its been accepted today, the order has now been sent to I.F and fingers crossed, must be only a week or so till i get the cash!!

 

 

ok, i filed and it was also accepted, do we just sit and wait now?

repeat S.A.R - (Subject Access Request) letter sent recorded 20/10/06

list of charges & cheque for £10 received 24/10/06

Prelim letter sent 24/10/06

another £10 cheque received and lba sent 03/11/06

16/11/06 25% of claim offered

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I've filed too..am waiting for some action!!! It seems to be such a long and drawn out process but here's hoping we all get our money back...Im on to Halifax now too (I know in retrospect I should have combined the two but didnt realise, so am doing it separately!). Agree re this forum being quiet...are all those IF customers happy not to claim???

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its sad really, i think it should be merged with the halifax one, seeing as we deal with the same people.

 

i had to post a thread on the halifax board and pm individuals just to get a response on here

repeat S.A.R - (Subject Access Request) letter sent recorded 20/10/06

list of charges & cheque for £10 received 24/10/06

Prelim letter sent 24/10/06

another £10 cheque received and lba sent 03/11/06

16/11/06 25% of claim offered

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You should get a letter any day now settling in full.... I did today!!

 

£1800 Settled in full!! Only problem is, they said they would credit my account.. its been closed for 2 years though. I rang them and they are sending out a cheque asap!!

 

Dont worry, you'll get yours by the end of the week i would guess.

NatWest

- LBA Sent: 23/10/06

- MCOL Claim Filed: 06/11/06

- Claim Acknowledged: 14/11/06

- Defence Received: 08/12/06

- Cobbetts AQ Received: 27/12/06

LLOYDS TSB

- LBA Sent: 23/10/06

- MCOL Claim Filed: 06/10/06

- Claim Acknowledged: 15/11/06

- Defence Recd/AQ Sent: 06/12/06

- SCM AQ Recd: 15/12/06

MORGAN STANLEY

- Partial Offer Received with statements: 03/11/06

- Prelim Sent: 07/11/06

- Settled in Full: 17/11/06 :)

NATIONWIDE

- LBA Sent: 23/11/06

- Settled in Full: 21/12/06:)

- Account Closure Notification: 23/12/06

INTELLIGENT FINANCE

- LBA Sent: 23/11/06

- Partial offer Recd: 25/11/06

- Rejection Sent: 25/11/06

- MCOL Claim Filed: 30/11/06

- Judgment Filed: 04/01/06

BLACK HORSE

- S.A.R Sent: 16/11/06

NATWEST VISA

- S.A.R Sent: 16/11/06

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