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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.
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      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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Shelton v Clydesdale


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I sent out the first letter yesterday and will let you know of any reply.

 

My claim is for a relatively small amount compared to others - £75 over a 6 year period - as I try to be good with my bank accounts - but its better in my pocket than theirs!

 

My boyfriend is writing out to the halifax today to get a detail of all his charges. he estimates that its got to be over £300 at least. He will no doubt add to the site as time goes on.

Edited by k_shel
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Guest littlesally

One of my accounts is only £130, waiting for the statements of the other but it will be about the same. It will be nice to have it back though

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Good luck both of you. Don't forget to keep us updated on your progress!:)

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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You can only claim the interest on the unlawful charges. Keep reading the FAQ's, step by step instructions, and around the forums and you will get the hang of it in a few days. Could you also start your own thread so that we can follow your progress.

 

Good luck everyone.

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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Just recieved what seems to be the standard letter from Neil McKirdy, Customer Relations Manager. Quick - as I posted it on Monday after leaving the envelope at work on Friday - so letter was dated 15th but sent on 18th and their reply letter back is dated 20th.

 

I'm off work until Tuesday and have no printer at home so Tuesday my LBA will be sent - actually I'll just probably walk along with it... as I work on Waterloo Street about 2 blocks up from Customer Relations - on Tuesday!

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And there was me worried they might be struggling!:rolleyes:

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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Ask the bailiffs to collect it for you if they don't pay up.:p

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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  • 2 weeks later...

Received a letter yesterday in the post.

I refer to your letter received on 26 September 2006 and as requested I have reopened your complaint and a further review is being undertaken.

Please accept my apologies for the delay but I hope to respond to your complaint shortly, and in any event within the next 28 days.

Please be assured that every effort is being made to bring your complaint to a satisfactory conclusion.

Yours sincerely,

Neil McKirdy.

Now – question – is this their usual delaying tactic?

I wondering whether I should just wait the 28 days (until 1 November) to show reasonableness or press ahead to action.

My original letter was sent on 18th and I received a reply back very quickly on 22nd.

I then sent LBA on 26th giving 14 days – which would bring me to the 10th.

So the options are:

a) wait till 10th and then proceed forward.

b) wait till 16th (28 days after the first letter was sent) and proceed forward.

c) wait till 11 November and then proceed forward.

Should I be writing to them again and reminding them they have until the 10th to get back to me before I take things forward.

I'm tempted to wait till 1 November to show reasonableness but also aware that I want to show that I'm a sticking to what I'm saying.

Suggestions anyone?

Thanks

Kelda

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Option A, definitely. YOUR money, YOUR claim, YOUR deadlines. The deadlines you've given them are in no way unreasonable,and they know exactly what they have to do to avoid going to court. They're trying to direct you down an internal complaints route, which is essentially a way of them siezing the initiative from you so that they can string you along for a while with an 'investigation', after which they'll tell you to get lost. If it were my claim, I would be sticking very rigidly to the deadlines.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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Option A, definitely. YOUR money, YOUR claim, YOUR deadlines. The deadlines you've given them are in no way unreasonable,and they know exactly what they have to do to avoid going to court. They're trying to direct you down an internal complaints route, which is essentially a way of them siezing the initiative from you so that they can string you along for a while with an 'investigation', after which they'll tell you to get lost. If it were my claim, I would be sticking very rigidly to the deadlines.

 

Thanks for the quick reply Robert.

 

so, Should I be writing to them again and reminding them they have until the 10th to get back to me before I take things forward.

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Thanks for the quick reply Robert.

 

so, Should I be writing to them again and reminding them they have until the 10th to get back to me before I take things forward.

No. They know what they have to do. The more you contact them, the more opportunity you give them to engage in time wasting dialogue.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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  • 4 weeks later...

Okay - I'm now going forward and am filling out Vampiras spreadsheets to work ou the interest rate. But I have probably a very silly question.

 

CLAIM DATE: 19-Sep-2006

INTEREST RATE: 8.00%

TOTAL CLAIM AT DATE OF SERVICE: 37.21

JUDICIAL INTEREST RATE: 8.00%

DATE OF JUDGEMENT OR PAYMENT: 25-Sep-2006

TOTAL DUE: 37.26

DAILY INTEREST RATE IN PENCE: 0.82

 

Above, is from Vampiress' spreasheet - can I ask what I should put in for the DATE OF JUDGEMENT OR PAYMENT??

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Looks like you need to leave that out until you know the answer.

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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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  • 2 weeks later...

Okay...

 

I recieved in the post in saturday a cheque for £37.08.

 

Half of my charges.

 

I was going to use the response to settlement offer letter saying thanks but this is just a part payment, but just rereading the letter thay sent me.. they say:

 

The cheque is tendered without admission of liability qand is in full and final settlement of your claim and your encashment of ot will be taken as your acceptance of this.

 

So, not sure whether to send the letter an cash the cheque anyway or not.

 

Suggestions??

 

Thanks

Kelda

 

 

 

 

 

BANK NAME

Address

Address

Postcode

Re: Account number XXXXXXXX

Response to settlement offer.

 

Dear [named sender or Sirs]

Thank you for your letter dated xx/xx/xx

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £xxxx

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

My letter before action sent previously indicates that you have until xx/xx/xx to respond before Court action commences. You are reminded that there will be no extension to this timescale.

 

I trust this clarifies my position.

 

 

Yours faithfully

[signature]

[print name]

 

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Well done.

 

Stick to your guns, I am absoloutley stunned that the bank still have the audacity to do this, why will they not realise that people will not be ripped off anymore.

Yorkshire Bank Plc £3553.77 Prelim letter sent 14/9/06 LBA sent 22/9/06, MCOL Sent 10/10/06 MCOL Notice of Issue Rcvd 12/10/06, MCOL Acknowledged 17/10/06, £929.00 Offer Rcvd, 03/11/06 - Rejected, 09/11/06 YB Defended, 10/11/06 Transferred to Local Court, AQ Returned;) 30/11/06 Copy of Banks AQ Received, 1 month extra asked for by Clydesdale, 09/01/07 £2140.00 Offer Rcvd, 09/01/07 - Rejected, 11/11/07 Allocation To Small Claims Track, Court Date Set - 05/03/07, 15/01/07 £2590.00 Offer Rcvd, 15/11/07 - Rejected, 07/02/07 £3773.77 Offer Rcvd (FULL), 12/02/07 - Accepted, 21/02/07 - Chq Received for FULL AMOUNT. :)

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I would send the cheque back, I have. I dont trust them at all...so ripped in half and sent back with a thank you but no thank you letter!

 

Started 25th Sep 2006 - got cheque on 4th December 2006. Settled without interest but full amount plus court costs :)

A & L Watch out buddy you are next 2007!!!!

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Just amend the letter you were going to send...take this bit out** I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary. **

And leave the rest in...:)

 

Started 25th Sep 2006 - got cheque on 4th December 2006. Settled without interest but full amount plus court costs :)

A & L Watch out buddy you are next 2007!!!!

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Hand delivered a refusal letter and torn up cheque to the waterloo street office at lunchtime. I have given them 14 days.. so they might well be getting a Sherriff Court Shaped Present for their Christmas if they don't come back with my full amount.

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  • 1 month later...

Over the phone yesterday i was verbally offered the full amount I asked for in my letter of 15 Novermber which was £83.40. This included interest up until 15 November.

I ahve accepted this and await a cheque - i will let you know once recieved ao this can be moved to the settled section.

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CONGRATS, it may take them a long while to send it as they can get away with it more, I would have asked for that offer in writting, just so you had some proof :)

 

Started 25th Sep 2006 - got cheque on 4th December 2006. Settled without interest but full amount plus court costs :)

A & L Watch out buddy you are next 2007!!!!

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