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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 
      • 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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Harassment

I COME IN PEACE AND IM ON A JOURNEY

 

I have a problem with perfect homes them people who sell you stuff and you pay weekly yes them my problem is this

 

i work nights 12 hour shifts 19:00 to 07:00 and they ring me at like 08:30 in the morning asking am i paying on friday (friday is the day i pay them usually) but the call will be on tuesday

i get calls all times of the day sometimes twice a day so i called there manager and said this is unfair and its a form of harassment i would like you to put a note on your system not to call me till after 12:00 he said we do business at 08:00 i said well i dont do business at 08:00 i do it after 12:00 you are waking me up and im back in work tonight so he agreed but the calls still come WHAT CAN I DO ABOUT THEM any advice please oh i just joined hello everyone this is going to be a very interesting journey

Edited by thematrix28
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Oh dear, Perfect Homes, what an oxymoron that is ??

 

I have moved your thread to the correct forum and where you will find other stories about this and other BAYV companies.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

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3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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laws of harssment

 

Offence of harassment

.(1)A person who pursues a course of conduct in breach of section 1 is guilty of an offence.

(2)A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.

 

ok lets see what section 1 says

(1)A person must not pursue a course of conduct—

(a)which amounts to harassment of another, and

(b)which he knows or ought to know amounts to harassment of the other.

which he knows or ought to know well i told them its harassment so he now knows and the amount of calls i get shows the amount of harassment

 

ok so how can i sue for harassment here what the law says

Civil remedy.

(1)An actual or apprehended breach of section 1 may be the subject of a claim in civil proceedings by the person who is or may be the victim of the course of conduct in question.

(2)On such a claim, damages may be awarded for (among other things) any anxiety caused by the harassment and any financial loss resulting from the harassment. lets look at this i have told them im losing sleep for work which puts my job at risk hench anxiety and finacial loss will be me calling and writing to them to stop it plus and court actions i take to them and time off work to deal with this matter

lets look at section 3

(3)Where—

(a)in such proceedings the High Court or a county court grants an injunction for the purpose of restraining the defendant from pursuing any conduct which amounts to harassment, and

(b)the plaintiff considers that the defendant has done anything which he is prohibited from doing by the injunction,

the plaintiff may apply for the issue of a warrant for the arrest of the defendant.

So if i go to a county court put my evidence down and the judge agrees with me they can issue a warrent for arrest or an injuction

like john lennon said "POWER TO THE PEOPLE" so we all have rights that we dont use to stop this sort of thing happening

ok lets look at the goverments interpretation of harassment

References to harassing a person include alarming the person or causing the person distress.

i think thats me lets look at the definition of distress

To cause strain, anxiety, or suffering the strain is the ongoing calls the anxiety is losing my job suffering lack of sleep

i think i fit all the laws here

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ok so i need evidence i cant tell the court what happened thats HEARSAY and that dont stand up in court so i need to record all calls and inform them im recording the call any letters of harassment from them keep. And any letters i sent them must be sent by registered mail so they have to sign for it and cant deny it cause i have a reciept of it but my fisrt thing i must do is send a registered mail letter to the head office 1st giving warning to stop also ill give them 7 days to reply so they acknowledge the letter i sent if they dont reply thats seen in court as guilt SILENCE IS CLASSED AS GUILT

im no solicitor im just using the tools of the internet, goverment websites law definition websites and law and legislation websites. but now i have a power i didnt have before through knowledge

Ok so now im going to collect all the evidence 1st then see what path it leads down will it stop at head office or at court ill let you know how things go watch this space

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Yes, record calls if you can - if not log the date and time and a summary of what was said.

 

I would send a letter along the lines of..

 

 

 

"I received a telephone call from your office today (date and time) .

 

This call is in direct opposition to my request for calls to be made after (TIME) due to my working shifts.

 

You have in fact breached the following OFT guidelines.

 

3.3 Examples of unfair or improper practices are as follows:

c. those contacting debtors not making clear who they are, who they work for, what their role is and the purpose of the contact.

 

j. contacting debtors at unreasonable times.

k. ignoring or disregarding debtors' reasonable requests in respect of when, where and how to contact them. (this would include not making contact by telephone and keeping communication to writing )

I must insist that any and all communication from your company is kept to writing, as is my legal right.

Yours etc..

You only need send it the once - recorded delivery - keep receipt and print off the receipt/signature of delivery from the RM Website and keep that as well.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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i like this letter thanks i got a call yesterday asking if i was paying today (friday) were is the trust i have fell behind twice with this company and when i fall behind i doubled my payment the following week so in the 2 times i only missed a week each time and they had the cheek to send some idiot out to my door which i showed him my trespass notice and said leave or ill call police off he went in fact he almost ran away ok back to the call yesterday i was polite and said its thursday its 08:10 i was asleep working nights you have woke me up now i want your name and store you are in im recording the call and i want your head office address to complain then this person from being the big i am on the phone just fell apart here is what he said to me errrr eeerrrr mmmmmm i dont eeerrrrrr what eeerrrrr ill have to eeeeerrrrrrrr wait eeeerrrr the system is slow today eeeeeerrrrrrrr sorry sir can i help you with anything today YES YOUR HEAD OFFICE ADDRESS NOW PLEASE after a few mins i got it from him my 1st real evidence this is the start i will defo use your letter ill insert it into my letter for more impact on them thanks

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Their charges are unfair.You need to be getting a list of all these and add them up.

Then write asking them to explain how they get the figures and to give you some evidence that those charges are legitimate-that is to say how they work them out,and that each charge is justified as a cost or loss to them every time you pay late or fall into arrears.

If they are unable to do this,then you could consider taking them to court to get the charges back.

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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Ok thats for all the help with this matter from everyone but i think i have stopped the calls to a point were my T&C are in effect i called the head office or the complaints department (not sure which number i was given) but anyway i spoke to them and stated no calls before 12:00 because its affecting my job i got a bit of oh we start at and you must pay on time or we do this and that so then i said my bit i told her the laws on harassment and any more of it and ill take legal action against them and i have all the evidence i need and to stop it going to that stage just dont call before 12:00 and both parties are happy anyway this was about 5 days ago and guess what i can sleep without them calling before 12:00 ive had no more hassle now this is how i wan ted it to be in the 1st place so i will say this is resolved up to now thanks again for all your help people. :whoo:

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Good to hear it...now you should go a step further and ask them to refund your charges...you may get enough back to buy a truecall telephone recorder.:whoo:

  • Confused 1

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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First you need to work out how many of these charges there are how much and the dates.

I am pretty certain that there is no way they will be prepared to give a breakdown of what the charges cost them in the first place (Though would love to be proved wrong)

And take it from there.

We can help you through the process which begins with a couple of letters.

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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Yes of course-although Perfect Homes wont agree with you-in fact they prob wont agree with any........thats their problem not yours.

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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thanks mate i read some of DX100UK notes in his sig and i got more info and found out up to 6 years can be claimed back them notes are very informative :whoo:

 

but if we can claim it back why do they still think they can charge over the odds or is it a case of they try it on and hope we dont find out

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