Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 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
        • Like
      • 160 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
        • Like

PO returned as bank cannot accept it!!!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6501 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

This is one of two posts on my reply from Bristol and West (which is shown in full on my progress thread):

 

I have today had my £10 postal order returned from Bristol and West, who state: "unfortunately we are unable to accept the payment by postal order....request that you forward a cheque made payable to Bristol & West plc in replacement as soon as possible".

 

They go on to say that they will respond to my claim 40 days after they receive "correct payment".

 

The woman in the post office could not believe it, and I must admit I was wondering if it was an April fool joke, but since the letter is dated 30th March (and B&W has no sense of humour whatsoever) it seems to be genuine.

 

Any thoughts?

 

 

 

 

 

 

Link to post
Share on other sites

Put in a formal complaint to the IC and make an issues of it when you make a claim in court. You have tendered a lawful payment which they have reject for not good reason. This is just arrogance of the highest order so take them to task!

The law maybe reason without passion as Aristotle said, but hey, he said nothing about having fun when getting even!

 

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

 

 

Reputation Points Always Welcome

Link to post
Share on other sites

"Arrogant" is a word that I have used on many occasions when recounting the things that B&W have done over the past few years.

 

It reached the stage where they would reissue the possession order they have held over us just for us going about £350 in arrears - usually this had been caused by them demanding arrears and charges from us a couple of months earlier!

 

They have made our lives hell, and have no regard for the mortgage code - and they have got away with it because they are able to proverbally wave the deeds of our house, and say pay-up, or say bye-bye to your house.

 

When this is all over those deeds will be ours!

 

 

 

 

 

 

Link to post
Share on other sites

They will accept when you pay into your account - it is legal tender.

 

Not an answer I know, but it might be wortha phone call - and tell them the call is being recorded for quality and training purposes. The answer might be interesting.

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

Link to post
Share on other sites

Thanks for your reply.

 

To be honest it is not a major issue at the moment as they have refused to provide the info under DPA anyway. After getting some advice from bankfodder I am challenging them to provide the reason for the DPA refusal, and then intend to continue with the reclaim process - if necessary, on an estimate.

 

After that is completed, I have an outstanding complaint which I intend to escalate to the Ombudsman. The DPA refusal, and the postal order debacle, will be added to that complaint.

 

 

 

 

 

 

Link to post
Share on other sites

Just come off the phone after talking to the Information Commissioner's Office, and they have agreed that this appears to be obstructive action.

 

They have advised that I should inform B&W that they have no grounds to delay the process as this is a legitimate form of payment, and I should also make a complaint to the IC.

 

1-0 to me I think. :)

 

 

 

 

 

 

Link to post
Share on other sites

Are you able to get this advice in writing from the IC?

 

If you can then I owuld suggestan immediate action under the DPA for their breach. you can bring it as a small claim in the county court.

get the IC's advice in writing.

one LBA giving 7 days and then the Good News.

 

I would move very quickly - if you have the energy for it.

Link to post
Share on other sites

Unfortunately, B&W have backed down and accepted that it was a "correct" payment - they have said that their system does not allow them to process PO's and have asked for a replacement cheque, but they have conceded that the date of the DPA is to run from the date the postal order arrived.

 

Actually, I got them to back down on refusing the DPA as well, by quoting case law at them. For full info see:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=2424

 

 

 

 

 

 

Link to post
Share on other sites

  • 2 months later...

Hi - sorry I'm new to all this. I noticed in your signature 'DCP Disclosure offence committed - now unenforcable' re Beneficial Bank - what does this mean?

 

Thanks

 

Janet

______________________________________________

Capital One - DPA sent 13/06 (MCard) - have acknowledged DPA request, say they will send info shortly....

Egg - DPA sent 14/06 (2 Visa Cards) - standard request for identification document received in response to Data Protection Act

NatWest Current A/C - DPA sent 15/06 -initial estimate of claim is £4,358 plus interest (to be calculated) :-D

Morgan Stanley - DPA sent 15/06 (Platinum MCard) - have cashed my £10 cheque...no statements yet...

MBNA - DAP sent 15/06 (Visa and MCard) - acknowledged

Barclaycard - DPA sent 15/06 (Visa and MCard) - acknowledged

Bank of Scotland - DPA Letter sent 16/06 (Loan)

Beneficial Bank (HFC) - DPA sent 20/06 (Visa)

RBOS - (Visa and MCard) - DPA sent 23/06

Natwest (Visa) - DPA sent 23/06

Link to post
Share on other sites

  • 12 years later...

This topic was closed on 03/07/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

 

 

 

 

 

 

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6501 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...