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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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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    • A2Dominion - Housing Association property flooding - damning ombudsman report

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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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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Victory settled in Full

e17tintin

By e17tintin
in RBS and BOS Successes

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davefirewalker

davefirewalker

Posted
Posted

As far as I'm aware you can only claim the 8% if you take them to court, ie put it into your claim. if they settle before i guess you lose it. however if they dont settle for the full amount you can then take them to court and claim the 8%

 

dave

  • Confused 1

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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davefirewalker

davefirewalker

Posted
Posted

I'm at the same stage...... just rejected tommys offer of £3.5k but I cant afford to take them to court yet. My claim is just below the £5k threshold and with the interest and fees it will bring it about £6.5k. This means that the court fees will be £250.

 

just have to wait a while longer :-(

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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davefirewalker

davefirewalker

Posted
Posted

yeah me too :-) :-) :-)

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Share on other sites
davefirewalker

davefirewalker

Posted
Posted

I would open another account anyway (just in case) and pay the loan from there.

problem solved!

 

I am in the same sort of position I have a largish loan and am claiming about 5k. I have opened a natwest account because I beleive that they may do something stupid like close the account shortly. The loan account is a different aggreement, ie they definetly wont close that, so I can continue to pay it from the natwest one if I have to.

 

dont be bullied. Even if you tell them that YOU are going to close your account the worst that they can do is ask for the overdaft back, but they wouldnt get anywhere because the account is in dispute.

 

hope this helps

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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davefirewalker

davefirewalker

Posted
Posted

I havent as yet.....just set the account up as a parachute, but if what you say is true, then it is disturbing.

 

So let me get this straight, if for example you ( or they ) closed your account how would you pay the loan? they would HAVE to accept payments from another source.

 

This sounds like bullsh*t to me, it also sounds Illegal ( no suprises there ). I would write to them and ask for the details, chapter and verse where it says you HAVE to pay from your RBS bank account, and ask them to highlight the sections.

 

DONT phone as you won't have a record of it, and you might get fobbed off again.

 

If NO joy from the branch get onto customer services at head office.

 

If you DID close your account what effect would that have on you ?

They would obviously ask for the overdraft back, but as you are making a claim anyway nothing could be finalised until your dispute is over. Does your claim cover it? I noticed that you are claiming £956 does this include the latest charges AND interest?

 

Nothing legal could happen as the account is in dispute at the moment.

 

my gut feeling would be to tell them to shove it, but thats just me :-)

 

PM a mod or someone who knows better and get some proper advice

there may be an easier way

 

rgds

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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davefirewalker

davefirewalker

Posted
Posted

I still don't understand this......the loan account and the bank account MUST be two seperate entities with different account no.s otherwise they would have just given you an overdraft and not a loan. DONT phone them...they'll try to confuse you or bullsh*t you. WRITE a letter stating your case and ask for a copy of the aggreement.

 

If this can ONLY be paid from your rbs account then something stinks.

 

Any defaults are now seeming to be soley due to charges etc so can probably be removed when this gets sorted.

 

hope this helps

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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