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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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midge61 v smile


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Just an update. I sent smile a letter of non complience for the s.a.r.s I did recieve them just over week ago but this week Thurs and Sat I recieved two more!!! all 3 exactly the same seems they dont talk to each other there the doughnuts!

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  • 2 weeks later...

hi

had a letter from smile today reply to LBA. Says sorry not able to respond to complaint yet will do so as poss or let me know if there is going to be further delays. Well I should now file claim but got no money at the moment. Will have to wait til 31st-payday.

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Just to let you know you aren't being ignored but seem to be doing fine on your own, so well done.

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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Hi Caro

Thanks for reply. It's ok I know the sites really busy. I've been recommending it to everyone at the school gate at the college I work at and everyone I know!

Thanks for the support tho it is very reassuring when you get a reply just gives you the boost you need to keep your confidence up.

Many thanks again

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  • 2 weeks later...

Hi

Went to court today to put in my claim but they woulkdn't accept it because of the name and address i put in for smile. I put:Smile Co-operative Bank PLC 1 Balloon Street Manchester M60 4EP So what should I put?

Thanks

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I don't understand what was wrong with the Balloon Street address, but any address for smile will be fine.

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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I really don't see why not. I have just looked at the website for clarification and it says smile The Internet Bank. My claim against Yorkshire Bank was accepted although they said they were Clydesdale Bank t/as Yorkshire Bank, but it was still accepted.

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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Hi Caro

I think it was just the person I happened to speak to don't think they have many for Smile through our court yet. Will try again in the week. I've just written to Smile anyway cos they accepted a payment of £250 to my card 4months after the account was closed and say they now can't trace it and when I phone they wont talk to me cos I can't remember my security numbers! So I have rminded them that I am just about to file a claim for bank charges and if they don't get their act tog for the £250 that I've been trying to get paid to me since August I'll included this in the claim. So will wait to see what comes of this first.

Thanks anyway

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  • 2 weeks later...

Hi all

I wrote to Smile reminding them of their complaints procedure last week and told them they had less than a week to reply to my origional complaint.

Letter from them this morning containing a cheque for £495. This is £60 short of what I asked for but I'm too poorly to argue anymore so it'll do for me along with my full settlement offered by LTSB it's been a good couple of days (despite the gallstones!)

Thanks for all the support and help donation will be made when cheque has been cleared

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