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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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My first time....


andyhargreaves
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Well, I've been lurking around here for a while and put my 2p worth in some other threads, but I've sent off my own S.A.R - (Subject Access Request) letter to smile today. From the statements available online I've added up around £900, so should be worthwile getting older statements from them. Will post progress here as we go along.

 

Am a little concerned about them closing the account and demanding the overdraft is repayed, as (like lots of others on here) I actually quite like them most of the time, and it would be a shame to have to move. I have already got a parachute account open and ready just in case.

 

Let's hope I have cause to make a donation very soon, as this site sure deserves it!!!

 

Andy

Current projects:

 

First Direct

MCOL Filed 24/9/06

£3116.60 including 8% interest

Offer from DG £1618.30, 3/10/06. Accepted as Partial Payment Only - pursuing remaining ££££

Offer for £3236.60 (full amount, plus court charges) from DG 10/10/06.

Accepted, crossed out confidentiality clause, funds cleared. Thanks to all for help and support.

Barclaycard

MCOL Filed 4/10/06

£1370.22 including 8% interest

Payment of £216 (:lol:) received. Settlement politely declined...

Allocation Questionnaire received 8/11/06

 

Smile

Prelim sent 23/09/06

LBA sent 27/10/06

£2435

Payed in full, just before MCOL, 17/11/06

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S.A.R - (Subject Access Request) acknowledged today (18/08/06)

 

Tick-tock...

Current projects:

 

First Direct

MCOL Filed 24/9/06

£3116.60 including 8% interest

Offer from DG £1618.30, 3/10/06. Accepted as Partial Payment Only - pursuing remaining ££££

Offer for £3236.60 (full amount, plus court charges) from DG 10/10/06.

Accepted, crossed out confidentiality clause, funds cleared. Thanks to all for help and support.

Barclaycard

MCOL Filed 4/10/06

£1370.22 including 8% interest

Payment of £216 (:lol:) received. Settlement politely declined...

Allocation Questionnaire received 8/11/06

 

Smile

Prelim sent 23/09/06

LBA sent 27/10/06

£2435

Payed in full, just before MCOL, 17/11/06

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There have only been a very few smile accounts closed Andy, and not usually because of making a claim, although it is as well to be prepared.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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That's good to hear.

 

To top everything off, I checked my smile a/c online this morning and found they'd hit me for £50 more "daily excess charge" and £15 "service charge", despite my account being more than £100 below o/d limit... One annoying phone call and one confused Smiler later they've managed to correct their mistake, "Oh but it's stated in our terms and conditions... You agreed to when you opened the account" etc. Took him 8 minutes to observe that I hadn't breached o/d limit. They are obviously so used to dealing with people disputing the charges that's what he assumed I was getting at!

 

Wonder how long my statements are going to take to arrive??

Current projects:

 

First Direct

MCOL Filed 24/9/06

£3116.60 including 8% interest

Offer from DG £1618.30, 3/10/06. Accepted as Partial Payment Only - pursuing remaining ££££

Offer for £3236.60 (full amount, plus court charges) from DG 10/10/06.

Accepted, crossed out confidentiality clause, funds cleared. Thanks to all for help and support.

Barclaycard

MCOL Filed 4/10/06

£1370.22 including 8% interest

Payment of £216 (:lol:) received. Settlement politely declined...

Allocation Questionnaire received 8/11/06

 

Smile

Prelim sent 23/09/06

LBA sent 27/10/06

£2435

Payed in full, just before MCOL, 17/11/06

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  • 5 weeks later...

OK, they arrived this morning with a resounding thud on the doormat.

 

Prelim letter sent for £2435 this morning.

 

Hopefully I shall be smiling soon!!

Current projects:

 

First Direct

MCOL Filed 24/9/06

£3116.60 including 8% interest

Offer from DG £1618.30, 3/10/06. Accepted as Partial Payment Only - pursuing remaining ££££

Offer for £3236.60 (full amount, plus court charges) from DG 10/10/06.

Accepted, crossed out confidentiality clause, funds cleared. Thanks to all for help and support.

Barclaycard

MCOL Filed 4/10/06

£1370.22 including 8% interest

Payment of £216 (:lol:) received. Settlement politely declined...

Allocation Questionnaire received 8/11/06

 

Smile

Prelim sent 23/09/06

LBA sent 27/10/06

£2435

Payed in full, just before MCOL, 17/11/06

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  • 2 weeks later...

Got acknowledgement from Lee Saunders dated 03-10-06, letter also telling me how to complain....

 

Andy

Current projects:

 

First Direct

MCOL Filed 24/9/06

£3116.60 including 8% interest

Offer from DG £1618.30, 3/10/06. Accepted as Partial Payment Only - pursuing remaining ££££

Offer for £3236.60 (full amount, plus court charges) from DG 10/10/06.

Accepted, crossed out confidentiality clause, funds cleared. Thanks to all for help and support.

Barclaycard

MCOL Filed 4/10/06

£1370.22 including 8% interest

Payment of £216 (:lol:) received. Settlement politely declined...

Allocation Questionnaire received 8/11/06

 

Smile

Prelim sent 23/09/06

LBA sent 27/10/06

£2435

Payed in full, just before MCOL, 17/11/06

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  • 2 weeks later...

Looking into some other threads here, wondering if Smile are biting back a bit. My wife (it's a joint account) had a voicemail message from someone at "The Cooperative Bank" yesterday. Not sure why - there's no real reason for them to contact us, except that it's now LBA time....

 

Andy

Current projects:

 

First Direct

MCOL Filed 24/9/06

£3116.60 including 8% interest

Offer from DG £1618.30, 3/10/06. Accepted as Partial Payment Only - pursuing remaining ££££

Offer for £3236.60 (full amount, plus court charges) from DG 10/10/06.

Accepted, crossed out confidentiality clause, funds cleared. Thanks to all for help and support.

Barclaycard

MCOL Filed 4/10/06

£1370.22 including 8% interest

Payment of £216 (:lol:) received. Settlement politely declined...

Allocation Questionnaire received 8/11/06

 

Smile

Prelim sent 23/09/06

LBA sent 27/10/06

£2435

Payed in full, just before MCOL, 17/11/06

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I've been wondering about calls and voicemail messages and the appropriate response to be taken.

 

While I accept the view of Caro expressed elsewhere on this site that it is best to stick to written communication I cannot help but be concerned that it is reasonable for the bank to attempt to communicate with you by telephone. This may lead to it being seen as unreasonable for you not to call them back and its best to act reasonably in your dealings with the bank.

 

I feel that the most appropriate solution to this would be an additional paragraph in the closing of all letters sent (prelim, LBA etc), something along these lines:

 

"While I seek to bring this matter to its conclusion at the earliest opportunity I am also acutely aware of the evidential value of any communication between us, therefore I respectfully request that such communication should all be in written form. If you call me in relatoin to this matter I will endeavour to accept or return your call but only so as to remind you of this request."

 

I am not a qualified solicitor so I cannot be sure of the value of this suggestion, it seems to me to be a sensible approach to pre-empt the telephone problem and give you a reasonable response in the event that the bank does call you.

 

Any views?

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OK, no panic. As it goes, the message was regarding something unrelated and trivial, so no matter.

 

I agree with bnoc though, there can be no end of problems proving who's said what on the phone, and recording conversations isn't always easy, especially if the bank calls you. I have had this issue with smile with previous issues, and it can be very awkward. I think we should be encouraging people to insist on written communication and recorded delivery to ensure these problems do not arise.

 

Andy

Current projects:

 

First Direct

MCOL Filed 24/9/06

£3116.60 including 8% interest

Offer from DG £1618.30, 3/10/06. Accepted as Partial Payment Only - pursuing remaining ££££

Offer for £3236.60 (full amount, plus court charges) from DG 10/10/06.

Accepted, crossed out confidentiality clause, funds cleared. Thanks to all for help and support.

Barclaycard

MCOL Filed 4/10/06

£1370.22 including 8% interest

Payment of £216 (:lol:) received. Settlement politely declined...

Allocation Questionnaire received 8/11/06

 

Smile

Prelim sent 23/09/06

LBA sent 27/10/06

£2435

Payed in full, just before MCOL, 17/11/06

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  • 2 weeks later...

Sorry, forgot to update here. LBA was a few days late, so sent on 27/10/06.

 

Tick tock

 

Andy

Current projects:

 

First Direct

MCOL Filed 24/9/06

£3116.60 including 8% interest

Offer from DG £1618.30, 3/10/06. Accepted as Partial Payment Only - pursuing remaining ££££

Offer for £3236.60 (full amount, plus court charges) from DG 10/10/06.

Accepted, crossed out confidentiality clause, funds cleared. Thanks to all for help and support.

Barclaycard

MCOL Filed 4/10/06

£1370.22 including 8% interest

Payment of £216 (:lol:) received. Settlement politely declined...

Allocation Questionnaire received 8/11/06

 

Smile

Prelim sent 23/09/06

LBA sent 27/10/06

£2435

Payed in full, just before MCOL, 17/11/06

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  • 3 weeks later...

Well, better late than never. Just about to file MCOL and checked account. Smile payed full amount in yesterday, so now SETTLED IN FULL!!!

 

Thanks for support.

 

Andy

Current projects:

 

First Direct

MCOL Filed 24/9/06

£3116.60 including 8% interest

Offer from DG £1618.30, 3/10/06. Accepted as Partial Payment Only - pursuing remaining ££££

Offer for £3236.60 (full amount, plus court charges) from DG 10/10/06.

Accepted, crossed out confidentiality clause, funds cleared. Thanks to all for help and support.

Barclaycard

MCOL Filed 4/10/06

£1370.22 including 8% interest

Payment of £216 (:lol:) received. Settlement politely declined...

Allocation Questionnaire received 8/11/06

 

Smile

Prelim sent 23/09/06

LBA sent 27/10/06

£2435

Payed in full, just before MCOL, 17/11/06

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Share on other sites

Congratulations Andy.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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