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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.

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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.

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      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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Leaflet / Card drops in (or around) branches?


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Nice one! Excellant job. I'd certainly be interested in distributing a load if you can get them printed off.

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Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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What's wrong with your printer?

 

If I had £100 to get, like 5000 printed, I would, but I haven't got that kind of money! - And neither has the CAG...

 

What I suggest is that generous users of CAG print their own flyers and pop them round to their neighbours.

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Err.... oh yeah. Doh!

 

You'll have to excuse me, I barely know my way around a computer to be honest. I'll try to print some now....

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how about a marketing day near a popular bank? during rush hour.. would need a group of volunteers to hand out leaflets and t-shirts and explain how the banks are acting unlawfully etc (with appropriately witty slogans on t-shirts etc :D)

 

t-shirts

banner

A3, A4 posters

guidance leaflets on what to do to

e.g.

Mobile Billboard Advertising UK - Posters On Wheels (very expensive though!)

 

Could maybe generate enough publicity to get a mention in the local papers.

Either that or phone/email a couple of local reporters to get them to come along.

 

Sometimes sheer persistance and nagging at local mps and newspapers might get them to pay some attention.

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HBOS - Preliminary Letter Asking for it Back 01/09/06

HBOS - LBA Sent 19/09/06

HBOS - Moneyclaim filed 06/10/06

HBOS - acknowledged claim 11/10/06

HBOS - partial offer received for £716 16/10/06

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how about a marketing day near a popular bank?

 

Considered, and rejected on the grounds of littering - it's a fairly minor thing, but the bank concerned will likely decide to be vindictive and milk it for all it's worth.

 

Sometimes sheer persistance and nagging at local mps and newspapers might get them to pay some attention.

 

Well, it's entirely failed so far. The banks are paying out on a commercial basis only, and still charging the unknowing masses. What would make considerable progress would be to do something they couldn't ignore - unfortunately, that comes with the risk that they will unload both barrels.

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Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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Considered, and rejected on the grounds of littering - it's a fairly minor thing, but the bank concerned will likely decide to be vindictive and milk it for all it's worth.

 

 

ehh? vindictive about litter that is caused??? to who?

 

but you dont target one bank specifically on the leaflets. If this kind of practice is good enough for political parties, charities, interest groups, promoting any kind of event at all! then i'm surprised and puzzled why it would suddenly fail in this case.

HBOS - Data Protection Act Request 03/08/06

HBOS - Statements received 29/08/06

HBOS - Preliminary Letter Asking for it Back 01/09/06

HBOS - LBA Sent 19/09/06

HBOS - Moneyclaim filed 06/10/06

HBOS - acknowledged claim 11/10/06

HBOS - partial offer received for £716 16/10/06

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with £2341 + costs/interest!! will know details soon

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ehh? vindictive about litter that is caused??? to who?

 

Whoever's leafleting. From their point of view, you are obstructing their means of fraudulently milking their customers, thus they will do anything in their power to be rid of you. This means finding any small technicality to stop you from doing it - if it means calling out the council about a litter complaint while their solicitors are waiting for the restraining order to come through, so be it.

 

If this kind of practice is good enough for political parties, charities, interest groups, promoting any kind of event at all!

 

Most of these groups usually get permission and supervision from local authorites. There's also a good reason why they stand in the middle of the road, not right outside individual shopfronts.

 

If you really wanted to withstand any sort of action, you'd need to be there in such force as to overwhelm anyone else - we're talking Greenham Common numbers here. Even this would expose you to action from the banks, since if there were 12 or more of you, the bank would be entitled to report you for rioting!

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Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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Whoever's leafleting. From their point of view, you are obstructing their means of fraudulently milking their customers, thus they will do anything in their power to be rid of you. This means finding any small technicality to stop you from doing it - if it means calling out the council about a litter complaint while their solicitors are waiting for the restraining order to come through, so be it.

 

a restraining order????? ehh??? on what basis?? Uhmm i dont think so. Unless the demonstration is unlawful then it has every right to peacably protest/inform.

 

Bear in mind that the banks can already close accounts with utter impunity. Your response seems to be that it is not adviseable to hand out leaflets because this will enrage and annoy the banks yet further. I would suggest that we are already at war with the banks (asking for money back and issuing court proceedings against them kinda sends a signal to them dont you think?) and instead of passifying them we should be attacking them on all fronts (legal fronts of course :) )

 

cry havoc and let slip the dogs of war!!!! :D :D

 

Most of these groups usually get permission and supervision from local authorites. There's also a good reason why they stand in the middle of the road, not right outside individual shopfronts.

 

If you really wanted to withstand any sort of action, you'd need to be there in such force as to overwhelm anyone else - we're talking Greenham Common numbers here. Even this would expose you to action from the banks, since if there were 12 or more of you, the bank would be entitled to report you for rioting!

 

Yes i think the bank would be able to get the police/council representatives to remove the demonstration/reject the demonstration if it was literally on their doorstep but if its not anywhere near them then shouldnt be anything they can do about it. (provided the 'demonstration' itself has went through the proper setup procedural channels)

 

since if there were 12 or more of you, the bank would be entitled to report you for rioting

 

not a chance in hell. Which law is this which allows the police to intervene and arrest peaceful protesters? There were 5000 + of us at the G8 marches in Gleneagles last year...police didnt arrest any peaceful demonstrators there...

 

http://community.foe.co.uk/resource/how_tos/cyw_59_protest_law.pdf#search=%22right%20to%20%20protest%20uk%20law%22

 

Your Rights: The Right of peaceful protest: Static demonstrations rallies and assemblies: Static demonstrations and assemblies

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HBOS - LBA Sent 19/09/06

HBOS - Moneyclaim filed 06/10/06

HBOS - acknowledged claim 11/10/06

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I can get 1000's of flyers printed and sent out to members if they want it will cost but its cheaper than printing them at home. If your interested just let me kno and i'll sort them out could do with a generic design 55mm x 85mm then i can get 10k for 99 quid full colour double sided.

 

Not trying to sell or anything but it'll make it easier for everybody. :-)

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Once again, let me repeat it in case anyone did not see the original message...

 

This 'idea' has been discussed before and the site owners would prefer users did not do it. We can't force anyone, but that is the state of play at the moment.

 

I think you'd all be fine to put something through the doors of your neighbours though - making sure all the people around you have at least had a chance to hear about the site.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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This 'idea' has been discussed before and the site owners would prefer users did not do it. We can't force anyone, but that is the state of play at the moment.

 

Fair enough. I agree totally that we must do all we can to uphold the reputation of the site - public opinion of us is important and ANYTHING that could possibily play into the hands of the banks should be avoided at all costs.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Do you guys have car display stickers? promoting CAG? and the fight against the banks?

HBOS - Data Protection Act Request 03/08/06

HBOS - Statements received 29/08/06

HBOS - Preliminary Letter Asking for it Back 01/09/06

HBOS - LBA Sent 19/09/06

HBOS - Moneyclaim filed 06/10/06

HBOS - acknowledged claim 11/10/06

HBOS - partial offer received for £716 16/10/06

HBOS - I THINK I MIGHT HAVE WON!! HBOS credit my account

with £2341 + costs/interest!! will know details soon

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It is one of the ideas that have been discussed - we have some prices but other events got in the way, as usual.

 

I believe it will be revisited soon, along with T-Shirts etc

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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a restraining order????? ehh??? on what basis??

 

You carry out a protest about the bank's policies outside their front door, and they're entitled to be annoyed. They can claim slander (even libel if they lay their hands on a flyer), and get a temporary injunction restraining you from that protest until the matter is settled. Because the nature of slander and libel is itself accusatory, the defendant has to prove the guilt of the claimant, not the other way around.

 

but if its not anywhere near them then shouldnt be anything they can do about it.

 

See the bit about libel above.

 

not a chance in hell. Which law is this which allows the police to intervene and arrest peaceful protesters?

 

Public Order Act 1986. If there's more than 12 of you, the bank can say you're assulting their business and report it as a riot to 999. Doesn't necessarily mean that it is a riot, but they would at least be able to accuse you of such. From their perspective, you are infringing their right to peacefully carry on business. In the interest in preserving the peace, even if the police agree with your cause, they will probably ask you to disperse anyway. If you just moved on, the police would probably then detain you on public order charges.

 

Remember, even if you can't get anyone else, you must keep the police on your side.

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Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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You carry out a protest about the bank's policies outside their front door, and they're entitled to be annoyed. They can claim slander (even libel if they lay their hands on a flyer), and get a temporary injunction restraining you from that protest until the matter is settled. Because the nature of slander and libel is itself accusatory, the defendant has to prove the guilt of the claimant, not the other way around.

 

The protest/demonstration would not attack specific banks. If it did then yes they might have cause. If all it was about was informing people then dont see what the bank could do really.

 

 

 

Public Order Act 1986. If there's more than 12 of you, the bank can say you're assulting their business and report it as a riot to 999. Doesn't necessarily mean that it is a riot, but they would at least be able to accuse you of such. From their perspective, you are infringing their right to peacefully carry on business. In the interest in preserving the peace, even if the police agree with your cause, they will probably ask you to disperse anyway. If you just moved on, the police would probably then detain you on public order charges.

 

Remember, even if you can't get anyone else, you must keep the police on your side.

 

Do you have an real world example or is this all conjecture? Because you have a lot of IFS and maybes in there. The bank can say whatever they like but it wont stop a legal demonstration, trust me.

 

After ive done my case (if i win) i'm thinking about doing something close to (but not infringing upon) my local Bank. I'm a bit late to do something for university freshers week though hrmm. But no there wont be more than 12 maybe just 1 !! :)

 

So i'll let you know how it goes when i get arrested in front of the bank ehh! :D (although i'm about 99% sure that the police wouldnt do a thing!)Obviously i wont make any mention of CAG in case you guys get sued or whatever. I'm quite surprised by CAGs reticence though and reluctance to take it to another level.

HBOS - Data Protection Act Request 03/08/06

HBOS - Statements received 29/08/06

HBOS - Preliminary Letter Asking for it Back 01/09/06

HBOS - LBA Sent 19/09/06

HBOS - Moneyclaim filed 06/10/06

HBOS - acknowledged claim 11/10/06

HBOS - partial offer received for £716 16/10/06

HBOS - I THINK I MIGHT HAVE WON!! HBOS credit my account

with £2341 + costs/interest!! will know details soon

26/10/06

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.... I'm quite surprised by CAGs reticence though and reluctance to take it to another level.

 

Be assured that we have no problem taking it to 'another level' but we are exploring options with less costs, less time and more impact.

 

Trust me, the leafleting thing sounds like a good idea, but it's not all it's cracked up to be (I'm one of the "been there - got the t-shirt" brigade)

 

:D

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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sure no probs didnt mean to imply that you guys arent doing everything possible sry! :D I think its excellent what you guys are doing!

 

btw i also meant to ask. Do you guys have a downloadable logo that ppl can put in their signatures etc to promote the site?

HBOS - Data Protection Act Request 03/08/06

HBOS - Statements received 29/08/06

HBOS - Preliminary Letter Asking for it Back 01/09/06

HBOS - LBA Sent 19/09/06

HBOS - Moneyclaim filed 06/10/06

HBOS - acknowledged claim 11/10/06

HBOS - partial offer received for £716 16/10/06

HBOS - I THINK I MIGHT HAVE WON!! HBOS credit my account

with £2341 + costs/interest!! will know details soon

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The protest/demonstration would not attack specific banks. If it did then yes they might have cause. If all it was about was informing people then dont see what the bank could do really.

 

If you give the bank even the slightest excuse to unleash its team of legal commandos, it will.

 

Do you have an real world example or is this all conjecture?

 

Only that the longest, most complex and most drawn-out trial in English legal history was a libel case brought by a big company in respect of a "peaceful demonstration" that took place away from any of its premises, and left the defendants, and some of their supporters, bankrupt.

 

I'm quite surprised by CAGs reticence though and reluctance to take it to another level.

 

Might be something to do with the fact that direct action gets less than pleasant coverage in the press - CAG can't afford to have public opinion going against it.

 

Remember: First they ignore you, then they laugh at you, then they fight you, then you win.

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Only that the longest, most complex and most drawn-out trial in English legal history was a libel case brought by a big company in respect of a "peaceful demonstration" that took place away from any of its premises, and left the defendants, and some of their supporters, bankrupt.

 

What was it?

 

Elsinore

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If you give the bank even the slightest excuse to unleash its team of legal commandos, it will.

 

You mean like they do when people claim charges back from them. :rolleyes:

 

 

Only that the longest, most complex and most drawn-out trial in English legal history was a libel case brought by a big company in respect of a "peaceful demonstration" that took place away from any of its premises, and left the defendants, and some of their supporters, bankrupt.

 

Do you have a link to this? Or a reference to the case i can check when i go to the law library later today? or perhaps its on Westlaw or Lexisnexis?

 

 

Might be something to do with the fact that direct action gets less than pleasant coverage in the press - CAG can't afford to have public opinion going against it.

 

Ehh?? Could you explain how its possible a peaceful demonstration informing members of the public that their banks are unlawfully charging them extortionate fees could possibly be interpreted as bringing about NEGATIVE public opinion! :confused: :?

HBOS - Data Protection Act Request 03/08/06

HBOS - Statements received 29/08/06

HBOS - Preliminary Letter Asking for it Back 01/09/06

HBOS - LBA Sent 19/09/06

HBOS - Moneyclaim filed 06/10/06

HBOS - acknowledged claim 11/10/06

HBOS - partial offer received for £716 16/10/06

HBOS - I THINK I MIGHT HAVE WON!! HBOS credit my account

with £2341 + costs/interest!! will know details soon

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Do you have a link to this? Or a reference to the case i can check when i go to the law library later today? or perhaps its on Westlaw or Lexisnexis?

 

Google "McLibel".

 

Ehh?? Could you explain how its possible a peaceful demonstration informing members of the public that their banks are unlawfully charging them extortionate fees could possibly be interpreted as bringing about NEGATIVE public opinion! :confused: :?

 

I might, but you'd have to remove all the loaded language from this first.

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Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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double post

HBOS - Data Protection Act Request 03/08/06

HBOS - Statements received 29/08/06

HBOS - Preliminary Letter Asking for it Back 01/09/06

HBOS - LBA Sent 19/09/06

HBOS - Moneyclaim filed 06/10/06

HBOS - acknowledged claim 11/10/06

HBOS - partial offer received for £716 16/10/06

HBOS - I THINK I MIGHT HAVE WON!! HBOS credit my account

with £2341 + costs/interest!! will know details soon

26/10/06

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Only that the longest, most complex and most drawn-out trial in English legal history was a libel case brought by a big company in respect of a "peaceful demonstration" that took place away from any of its premises, and left the defendants, and some of their supporters, bankrupt.

 

Mclibel Trial

 

Ok i had a quick look at this. A couple of things immediately grab my attention

 

Uhhmm you sure you have the right case? a Mr Morris and Ms Steel vs McDonalds and Mcdonalds won damages for £30,000 which Mr Morris and Ms Steel didnt pay (Mcdonalds did NOT seek to enforce it)

 

But the consequent media storm surrounding it did untold damage to Mcdonalds reputation.

 

The legal controversy continued. The McLibel 2 took the British Government to the European Court of Human Rights to defend the public's right to criticise multinationals, claiming UK libel laws are oppressive and unfair that they were denied a fair trial. The court ruled in favour of Helen and Dave: the case had breached their their rights to freedom of expression and a fair trial.

 

The McLibel Trial

 

So i dont see how this case strengthens your argument?

 

 

 

 

Ehh?? Could you explain how its possible a peaceful demonstration informing members of the public that their banks are unlawfully charging them extortionate fees could possibly be interpreted as bringing about NEGATIVE public opinion! :confused: :confused:

I might, but you'd have to remove all the loaded language from this first.

 

 

ok. 2 people standing on street handing out leaflets containing pertinent information regarding uk banking charges. They arent attacking banks. They dont even need to mention any one bank at all. So tell me again how the bank can sue them?

HBOS - Data Protection Act Request 03/08/06

HBOS - Statements received 29/08/06

HBOS - Preliminary Letter Asking for it Back 01/09/06

HBOS - LBA Sent 19/09/06

HBOS - Moneyclaim filed 06/10/06

HBOS - acknowledged claim 11/10/06

HBOS - partial offer received for £716 16/10/06

HBOS - I THINK I MIGHT HAVE WON!! HBOS credit my account

with £2341 + costs/interest!! will know details soon

26/10/06

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Mclibel Trial

 

Ok i had a quick look at this. A couple of things immediately grab my attention

 

Evidently the bit about the case taking SEVEN YEARS wasn't one of them. Neither of the defendants was able to take a job during that time, and doubtless they are now unemployable.

 

ok. 2 people standing on street handing out leaflets containing pertinent information regarding uk banking charges.

 

In your opinion.

 

They arent attacking banks.

 

In your opinion. The banks probably won't share this opinion.

 

So tell me again how the bank can sue them?

 

Because they can. It's as simple as that. What's stopping them? The same thing that's stopping them from imposing charges and closing accounts. Nothing. If they decide to sue you for libel, they don't have to prove you did anything wrong. They can accuse you, and then sue you, but in libel trials you have to prove your innocence.

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Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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