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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
      • 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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Lee v the Yorkshire Bank ***WON***


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I was thinking that myself actually Caro because I'm sure on the documents from the Court it says the claiment has to give notice if proceedings are to be stopped.

 

Has anything dodgy happened to other people when they settled and let the bank take care of the notice of discontinuance

 

I'm not 100% sure but I know YB have taken their time about paying once they get it. It depends how much faith you have in them I guess, but I would be uncomfortable signing it without having the money in my possession.

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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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  • 2 weeks later...
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Well its been over a week and still no money off them.

 

I ended up doing as you advised Caro, signed the acceptence letter but added my own letter saying "on advice, I will retain the Discontinuance Notice until the funds are in my account".

 

Their deadline for me to accept was the 12th so hopefully after tomorrow they might actually put the funds in my account!

Yorkshire Bank:

LPA sent 21/08/06

LBA sent 05/09/06

Received and rejected offer to settle (half £amount) 18/09/06

MCOL started 21/09/06

Bank acknowledged claim 27/09/06

Defence received 21/10/06

Sent AQ Form 25/10/06

Court Date 16/02/2007

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Hi Lee i signed my acceptance notice last week but i also sent the discontinue notice aswel, can they take as long as they want to pay or is there a time limit before you can ask for it?

YORKSHIRE BANK £870! LBA SENT 19 OCT! CHEQUE FOR £435 RECIEVED 2 NOV! SENDING CHEQUE BACK 6 NOV GIVING THEM 14 DAYS TO PAY BEFORE MCOL!!:)

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I don't know mate to be honest.

 

I think if they haven't paid up by next week will send them a letter reminding them I still have the Discontinuence Notice and I agreed to settle over 2 weeks ago expecting prompt payment etc etc... and I may have to rethink as it doesn't appear they are going to honour their side of the agreement.

 

Dunno how much good it will do but worth a shot.

 

Glad I kept hold of the discontinuance notice though.

I think it would be good to advise for all to keep hold of it if YB send it with a Acceptance Letter.

Yorkshire Bank:

LPA sent 21/08/06

LBA sent 05/09/06

Received and rejected offer to settle (half £amount) 18/09/06

MCOL started 21/09/06

Bank acknowledged claim 27/09/06

Defence received 21/10/06

Sent AQ Form 25/10/06

Court Date 16/02/2007

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i sent mine back on the 24th november and they admitted they received it by the 27th and everything has been agreed and a cheque requested. they have promised me I will have it before crimbo. Probably come on the 23rd.

 

I will call them tomorrow i think, but like lee i kept hold of my court papers.

 

Stef

Spanish Holiday Rental - 10% off BAG and CAG Members

www.rent-in-spain.org.uk

 

 

Progress so far:

 

Yorkshire Bank - LBA 26/07/06 £1001.00 - £500.50 offered and rejected

RBS Credit Card - Settled £200.00

Sainsburys - Settled in full £100.00

JD WIlliams - Settled in full £50.00

Argos Card Services - £98 - offered £60 and rejected.

Abbey Mortgages - MCOL 2nd October - Deadline 21st

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OH DEAR! I wish id have kept hold of my court papers now, whats my worst case sinario then? can they just drag it out or maybe even not pay even though i have it in writing that they would?

YORKSHIRE BANK £870! LBA SENT 19 OCT! CHEQUE FOR £435 RECIEVED 2 NOV! SENDING CHEQUE BACK 6 NOV GIVING THEM 14 DAYS TO PAY BEFORE MCOL!!:)

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Because Janzer: That would be the simple common sense answer!

We all know YB like to drag things out as long as possible and to take the scenic route whenever possible.

 

To Nogga - This is only a guess but I reckon they could hold out until the court date you were given. They'll have to pay it eventually though as you have a copy of the acceptance letter.

So basically don't worry about not getting it - but plan for it coming after xmas rather than before.

Yorkshire Bank:

LPA sent 21/08/06

LBA sent 05/09/06

Received and rejected offer to settle (half £amount) 18/09/06

MCOL started 21/09/06

Bank acknowledged claim 27/09/06

Defence received 21/10/06

Sent AQ Form 25/10/06

Court Date 16/02/2007

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Cheers LEE the only problem is i never got a court date they offered to pay before i got one. i supose il see how long it takes fo you to get yours then decide when to expect mine or send them a letter, their a right set of KNOB JOCKEYS !!!!!!!!!!!!!:(

YORKSHIRE BANK £870! LBA SENT 19 OCT! CHEQUE FOR £435 RECIEVED 2 NOV! SENDING CHEQUE BACK 6 NOV GIVING THEM 14 DAYS TO PAY BEFORE MCOL!!:)

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  • 4 weeks later...

Hello, sorry I've not posted in a while! Very busy Xmas etc etc...

Anyway, has anyone got the Clydesdale Legal Services Phone number?

 

They are playing up.. again!

I settled - they send me half the amount stating they have already issued a previous cheque.

They did, it's the one I sent back last September when they offered me half.

 

I sent them a letter (2weeks ago) telling them as much but I want to phone them to see whats going on - soooooo glad I kept hold of the Notice of Discontinuance.

Yorkshire Bank:

LPA sent 21/08/06

LBA sent 05/09/06

Received and rejected offer to settle (half £amount) 18/09/06

MCOL started 21/09/06

Bank acknowledged claim 27/09/06

Defence received 21/10/06

Sent AQ Form 25/10/06

Court Date 16/02/2007

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That would be me moss......

 

I looked on Yell.com, searched for CLydesdale in Glasgow, phoned any of the numbers (did this a few times) ask for legal services, if they ask for a name give them kirsties. They may try and fob you off saying that it is corporate legal services, but they dont have any other, and that is where she works. Dont tell them its regarding a bank claim as they will put you through to the bank claim line, and its basically an answer phone telling you this number no longer exists

Spanish Holiday Rental - 10% off BAG and CAG Members

www.rent-in-spain.org.uk

 

 

Progress so far:

 

Yorkshire Bank - LBA 26/07/06 £1001.00 - £500.50 offered and rejected

RBS Credit Card - Settled £200.00

Sainsburys - Settled in full £100.00

JD WIlliams - Settled in full £50.00

Argos Card Services - £98 - offered £60 and rejected.

Abbey Mortgages - MCOL 2nd October - Deadline 21st

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Ok thanks, thing is it will be them in the Sh*t if they don't cough up as I wont have served the Notice of Discontinuance and I'll just turn up at Court in Feb and explain what has happened!

In fact I think I may phone the Court tomorrow and explain whats gone on and what sort of time scale would they expect for me to start the discontinuance proceedings?

Then rely the information to YB/Cdale

Yorkshire Bank:

LPA sent 21/08/06

LBA sent 05/09/06

Received and rejected offer to settle (half £amount) 18/09/06

MCOL started 21/09/06

Bank acknowledged claim 27/09/06

Defence received 21/10/06

Sent AQ Form 25/10/06

Court Date 16/02/2007

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  • 3 weeks later...

Finally received the outstanding money they owed me!

A mod can change this to won if they please :)

 

I'm gonna go for my YB credit Card charges now but I'll start another thread for that :D

Yorkshire Bank:

LPA sent 21/08/06

LBA sent 05/09/06

Received and rejected offer to settle (half £amount) 18/09/06

MCOL started 21/09/06

Bank acknowledged claim 27/09/06

Defence received 21/10/06

Sent AQ Form 25/10/06

Court Date 16/02/2007

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Congratulations. Seems they've been writing a few cheques lately.:D

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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