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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 
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    • 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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Foreign Transfer


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Please can someone help me in this matter as I am at my wits end.

 

On 13th Jan I sent a secure message to the bank asking them to make a SWIFT transfer of £1600 to a recipient in Bali. Normally it should take a few days for the money to arrive. Until today (56 days later), the recipient has not received the money and the recipient's bank is denying that they have it despite giving them some sort of transfer reference number.

 

I have made loads of calls and secure messages to Smile to try and sort it out. On 5th Feb, they offered that if I paid an additional £20, they would trace the money for me and told me that I would get an answer within 10 days. Here's a copy of their last communication after I thought I had got hold of the Customer Services Manager to sort it out:

 

Hello Mr ****

 

Following our telephone conversation yesterday, I have spoken to our foreign team regarding the foreign payment you made on the 15th January 2010.

 

Having spoke to our foreign team I can confirm that we have sent several

chasing messages to our corresponding bank. We have also sent several messages over the last two weeks including urgent messages to the international beneficiary bank directly asking them to provide us with an update,to date we have not received a reply from either.

 

I have been advised that our only course of action is to continue to chase the beneficiary bank. I can confirm that the payment was correctly sent to the details that you provided to us by secure message and that no bank error has been made. All foreign payments are sent at your own risk and the secure message you send to us confirms you accept this prior to us making the transfer for you.

 

The charge of £20.00 for the trace is charged in-line with our standard tariff. This charge reflects the time and work involved in chasing the foreign bank and also covers any charges that the foreign bank may make when replying to the trace.

 

I can confirm that I have addressed the other matter of secure messages not being replied to promptly with the Team Manager and thank you for bringing this to my attention.

 

If you need to discuss the matter further please contact me on between 7.00 and 15.00.

 

Regards

 

Claire Ogden

Team Manager

 

In the meantime, the exchange rate has gone down by 10%, so I guess the very poor recipient will get a payment reduced by at least £160, while some bank employee takes a bonus. Has anybody any suggestions to solve this matter?

Dave

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Guest Old_andrew2018

Have you considered paying the fee and then once the money has been traced complaining to the FOS.

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I paid the extra £20 to trace the money on the 5th Feb. They told me that they would find the money within 10 days, but now, 6 weeks later, I have nothing! I complainedto Ms Ogden that I had paid and got nothing It appears that she thinks thats quite fair. I think the FOS is perhaps the next step.

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  • 2 years later...
Can you prove the money didn't arrive in Bali?

I got my money back eventually - after about 3 months if I remember correctly. In the meantime the exchange rate swung a lot, so when I sent it by other means, I lost over £200. There was no explanation from Smile where it had been. Personally, I don't believe they sent it because I could never get straight answers to my questions and there was unrest in their office due to personnel cuts. I think someone was trying to prove a point.

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Sounds more to me like the money was held in Bali. I know it leaves the UK quite quickly and the time taken is through the clearing banks. Maybe someone mis-keyed the international bank account number and the clearing bank in Bali didn't have a clue what to do. It's a shame though, but I wouldn't say it was done on purpose. Even the people in the life and savings department who were shelved some months ago kept their spirits high and didn't go about doing dodgy stuff like that.

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