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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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First off this may be quite vague with certain details as I can't find my credit agreements so apologies.

 

I have 2 items with Brighthouse the first being a sofa, which i have had no problems with at all, haven't missed a payment. Agreement signed approx May 2010.

The second being a washing machine which i have now had for 16 weeks. The washing machine is the one I have had nothing but problems with.

 

I was made to take out their 'insurance' and their 'optional' service cover. I was informed that I couldn't have the item unless I took them out (this is when the agreement for the sofa was signed nobody mentioned either when i signed the agreement for the washing machine it was just automatically done).

 

In the past 16 weeks I have had 4 different machines. I was left without a working machine for 11 weeks. In 14 weeks I have been able to wash 3 loads of clothes. The last washing machine that I had delivered is a different model to the original one (upgrade by managers decision because of previous problems with the other model). I will detail what has happened with the most latest washing machine rather than all of them because it is all very similar and this is going to be long enough!

 

Due to not having a washing machine and having 3 young children (9months, 4 years and 5 years) as you can imagine clothes get stained quite easily especially with a baby that is weaning! Despite hand washing what I could quite a substantial number of items were ruined due to not having a washing machine and the stains not coming out. This was discussed with the BH manager who told me to keep it all and then once the problem was resolved to take the clothes in and they would sort out reimbursement for the damaged items. They originally demanded the receipts for the clothes and this was their suggestion when i stated that I didn't still have the receipts as I don't keep receipts for clothes.

 

The latest washing machine I have was delivered to me on the 30/09/10. The first time I used it, it flooded my kitchen. I rang BH and spoke with the manager who told me that he would get them to come back out on the 01/10/10 and not to worry. So the following day I sat in waiting for them to come back round by 3pm I rang the store manager again and asked if he was sure they were coming. To which I was told yes and that they had until 5pm. 5pm came and went and nobody turned up.

On the 02/10/10 I rang the store manager again and asked him what had happened to be told 'I don't know and we are having trouble getting through to the service centre leave it with me' by 4pm I still hadn't heard from him so rang again to be told they would be out on the 04/10/10.

So I sit in on the 4th it comes to 3pm again and I still haven't heard anything i ring the store again and get told they have until 5pm but the store manager was there until 8pm if i needed to ring back. It got to 5pm and still nobody had arrived so I rang again spoke to the store manager who told me it was agency staff that were out so he didn't have a number for them however it was his brother in law in the service centre who had no reason to lie to him had said they were coming out but were running late. He told me if it got to late then he would be contacted and it would be automatically rebooked for the following day. He promised to ring me back before he left at 8pm. No phone call.

On the 05/10/10 I got a phone call from a staff member at the BH store who had been asked by the manager to call me and tell me they had booked in a service call for the washing machine for the 08/10/10. I stated that I wasn't happy with this and asked if the manager was there. To be told he would be unavailable until 11am.

At 11am I walked into the BH store all the staff looked at each other and I asked to speak with the manager. To be told that he was on a conference call and he would be for the next hour. Whilst I was stood in the store the manager walked between 2 doors at the back of the store twice and neither time was he on the phone and when I said it to the staff about it, they attempted to distract me. Whilst I was there another member of staff said that she would try and arrange an earlier service call for me and whilst i was in the store arranged it for 06/10/10. At that point before leaving the store I asked her to get the manager to call me.

 

2 hours later I walked back past the store and the manager was at the desk so I went in, he told me he hadn't received any message to call me and when I asked him what had happened the day before all he could say was 'I don't know'.

 

So 06/10/10 I sit in wait of the engineer to turn up to fix my washing machine at 4.45pm he arrived. On looking at it he said that the door seal had completely gone and it would need replacing and that the only way that sort of damage could have been done was by the machine being moved around more than likely when it was being delivered. So he fitted the new door seal and for the first time in months I actually thought I had a working washing machine. It lasted for 2 cycles, before it stopped spinning clothes properly. Infact it was that bad it took me 8 hours to dry one load of clothes in a tumble dryer.

 

I rang BH and asked to speak to the manager on 08/10/10 at 9am and was told that he was unavailable I left a message for him to call me and also explained that the washing machine wasn't working as it should be. I was told that they would call me back asap to give me a day for the service call. At 17.05pm I received a message on my answerphone telling me that a service call had been booked for 15/10/10. I tried to call them back at 17.30 and got no answer.

 

On 09/10/10 I rang BH again and asked to speak with the manager to be told that he wasn't in work all weekend. I left another message for him to call me.

 

At 10.30am this morning I rang again and asked to speak to the manager who was actually in. I told him that I had had enough and that he should cancel the service call and arrange for both items to be collected because I wasn't prepared to deal with a company with such awful customer service any longer, I also asked him about the clothes which were ruined. He told me to leave it with him and he would call me back by 12.

 

By 2pm I was fed up of waiting for him to call me back so I called again. He told me he had arranged for the washing machine to be collected on 15/10/10 and that everything I had paid towards the washing machine would be credited onto my account to go towards the sofa. At which point I reiterated to him that I had stated collection of both items. He then stated if that was the case then I would no longer be a customer of BH and would therefore lose the money I had paid towards the washing machine as it would be my fault as I am terminating the contract. When I asked him about the clothes he told me that head office are disputing the clothes because they are all different sizes. At which point he asked me how old my children were. So I told him, I also told him that the baby in the past 4 months has now obviously grown out of his 3-6 month old clothes but that doesn't change the fact that he was wearing them when I first started having problems with the washing machine and that I still had to go out and buy more to replace them. My 4 year old is in 2-3yrs trousers and 3-4yrs tops and my 5year old is in 4-5yrs tops and 5-6yrs trousers so of course there was going to be different sizes there.

He then stated again that I would be losing the money that I had paid towards the washing machine as I was no longer going to be a customer and I replied with 'When is the sofa going to be collected?' The conversation was left that he would get back to me asap with a date for the collection of the sofa.

Im still waiting.

 

I am aware by sending the sofa back that I will lose all money that I have paid on that, but to be honest thats a small price to pay to get rid of BH for good and I have used the sofa. I can't say it sits comfortably with me knowing that I will lose the money I have paid towards the washing machine though baring in mind the amount of damage it has caused and the fact that I have not been able to use it.

 

In hindsight I know i should have written everything down and recorded every time I had rang them and itemised every piece of clothing I gave them that was in the bags but stupidly I didn't.

 

I intend on going to the store tomorrow to ask for copies of my agreements and an up to date statement of my account. Is there anything else I should be asking for? and can they refuse to give me copies of these?

 

I did speak to Consumer Direct earlier today who stated without knowing exactly what the agreement stated they could not advise, but she did say that because the agreement for the washing machine was for a different washing machine to the one that I have it puts a totally different spin on things!

 

Can anybody please advise on anything that I may have missed? Anything that I should be doing? (I know from now on all correspondence needs to go in writing) Any advice on where I stand?

 

All help would be greatly appreciated.

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Quick update

 

Have just had the BH service centre call me to confirm that a service call was booked for my washing machine for tomorrow apparently the dryer isn't drying the clothes properly??

 

Anyway I told them that they were supposed to be collecting it as I didn't want it in my house anymore and their response was 'We can't do that, I will cancel the service call. If there is a problem you will have to take it up with the store.'

 

Round and round in circles we go :-x

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Just got off the phone to BH Customer Service Centre.

 

Where the lady has just informed me that on her notes on the system it states that I have been compensated for the damaged clothes with an upgraded machine. I explained to her that was different to what I had been told and that no compensation figures had been discussed.

 

I told her that the store manager stated that I wouldn't be entitled to a refund on what i had paid towards the washing machine because I would no longer be a customer. She has just said that it would be refunded because the machine was clearly not fit for purpose.

 

She has escalated the complaint to the regional manager who will be calling me back within the next 24 hours but it would be as soon as possible. The regional manager will be dealing with the compensation of the clothes, the refund of what i have paid so far, and the removal of the items from my home. He will also be investigating the complaint I have made with regards to the store manager.

 

The lady I spoke to is also going to contact the store and request that they send out to me copies of my agreements, statements of my account, and any call logs and service reports that they have, as my request appears to have fallen of deaf ears.

 

So here I am awaiting a phone call from Alex.

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Kenny, you should work for Consumer Direct - from the first post of this thread

I did speak to Consumer Direct ... but she did say that because the agreement for the washing machine was for a different washing machine to the one that I have it puts a totally different spin on things!

 

 

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  • 2 weeks later...

Any further updates ?

Seems like a shoddy cycle of events.

As far as I am concerned,their feeble excuses simply do not wash.

Daz not suprise me though,after reading about this lot for last 4 years.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Agree.

How people can Persilvere with such bad service is beyond me.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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