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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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      • 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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bombardier v smile ***WON***


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I am about to send my preliminary letter to smile. Before I do though, I want to make absolutely sure I'm not claiming anything I shouldn't, so does anybody know what description smile give any charges they have refunded to yur account? I have only been able to go back three years with my paying in book as I must have lost my first one with the stubs in.

 

Thanks,

 

bombardier

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Hi Bombadier

 

If you haven't got all of your details you should do a SAR to get all of the information on your account going back at least 6 years. I am not sure how you paying in book helps, but basically you can claim any charge that is a penalty.

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 Bombadier

 

If you haven't got all of your details you should do a S.A.R - (Subject Access Request) to get all of the information on your account going back at least 6 years. I am not sure how you paying in book helps, but basically you can claim any charge that is a penalty.

 

Hi, and thanks for the quick reply. I have already sent an S.A.R. and received back copy statements for the last six years. My problem is that credits that were not made by bank transfer or retailer refunds etc. show on my statements simply as 'CREDIT' or '000000 CREDIT' with no indication of what they were (cash paid in, cheque paid in etc.) and I am worried that there could be a refunded charge listed with no indication that that's what it was. I understand the case to be that you cannot claim back charges that have been refunded and I want to make sure that I don't have any of these.

 

I have gone back three years (with the use of my paying-in book) and confirmed each credit, but can't do that for the fourth - sixth years as I don't have my paying in book. So, if there is anybody who has had charges refunded in the past, please could you let me know what they appeared as on the statements?

 

Does that make sense now? Sorry if my first post was confusing.

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I see what you mean. Were there any instances of refunded charges in the years that you checked, and if so what did they say? I assume that the paying in slips would have numbers showing on the transactions so you could eliminate those.

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 see what you mean. Were there any instances of refunded charges in the years that you checked, and if so what did they say? I assume that the paying in slips would have numbers showing on the transactions so you could eliminate those.

 

Hi. Thanks for the reply.

 

That's the problem - I'm not sure if I had any refunded charges as there is nothing to explicitly say that I did - I have also confirmed those that I paid in with my paying-in book by the amount of them, not by an individual reference as there isn't one.

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Hi... Smiles charges appear as items such as "Late Payment" (on credit cards) and as "Daily Excess Charge" and "Service Charge" on current accounts.

 

I believe they also sometimes use "Commission".

SMILE VISA & CURRENT 15th August - Data Protection Act sent

MBNA VISA (3 of them) 21st August - Data Protection Act sent

 

MBNA 21st September - S.A.R - (Subject Access Request) data + Good will gesture received.

SMILE 26th September - S.A.R - (Subject Access Request) data received.

 

MBNA 28th September - Settled in full with compound interest!!!

SMILE 28th September - Prelim Letter sent

SMILE 12th October - LBA sent

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Hi... Smiles charges appear as items such as "Late Payment" (on credit cards) and as "Daily Excess Charge" and "Service Charge" on current accounts.

 

I believe they also sometimes use "Commission".

Thanks for the replies. I think you're missing the point of my question though. I know what charges are called. I'm trying to ascertain what refunded charges are called. From reading other posts on here it seems to me that you should not (and rightly so, really), claim for any charges that have been refunded, and doing so could jeopardise the possibilty of getting anything back - or have I got that wrong?

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Ahhhh sorry, I understand now. Good question. When I was looking through my statements I couldnt see any credits that were the opposite of my charges. I've never asked them to refund charges before so I wasnt really expecting any so I'm not entirely sure what they'd list them as.

 

On my MBNA account my refunds have been listed as "ADJUSTMENT TO BALANCE" so perhaps something similar?

 

Sorry thats not much help!

SMILE VISA & CURRENT 15th August - Data Protection Act sent

MBNA VISA (3 of them) 21st August - Data Protection Act sent

 

MBNA 21st September - S.A.R - (Subject Access Request) data + Good will gesture received.

SMILE 26th September - S.A.R - (Subject Access Request) data received.

 

MBNA 28th September - Settled in full with compound interest!!!

SMILE 28th September - Prelim Letter sent

SMILE 12th October - LBA sent

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I have not heard of anyone having their case thrown out for having the amount wrong so I don't think you need worry unduly. The schedule of claims is done so that the items can be checked, so the point Cillit is making is that Smile will let you know if they disagree with any of them. It would not invalidate your claim against the unlawful charges which had not been refunded.

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 have not heard of anyone having their case thrown out for having the amount wrong so I don't think you need worry unduly. The schedule of claims is done so that the items can be checked, so the point Cillit is making is that Smile will let you know if they disagree with any of them. It would not invalidate your claim against the unlawful charges which had not been refunded.

Perfect, thanks so much for putting my mind at ease - I'll get the prelim letter off today.

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Putting the preliminary letter in the post to smile tomorrow (5th October).

 

£1,558.70 being claimed.

 

I'm also trying to get hold of details for a VISA I had with them but paid off 3 years ago. As soon as I have the info though I'll be sending off a SAR for that too.

 

I'll come back and update as necessary!

 

Thanks to all that have helped me so far.

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Hi

 

When I've had refunds it tends to say "Adjust...." or "Refund...."

 

HTH

 

Andy

Current projects:

 

First Direct

MCOL Filed 24/9/06

£3116.60 including 8% interest

Offer from DG £1618.30, 3/10/06. Accepted as Partial Payment Only - pursuing remaining ££££

Offer for £3236.60 (full amount, plus court charges) from DG 10/10/06.

Accepted, crossed out confidentiality clause, funds cleared. Thanks to all for help and support.

Barclaycard

MCOL Filed 4/10/06

£1370.22 including 8% interest

Payment of £216 (:lol:) received. Settlement politely declined...

Allocation Questionnaire received 8/11/06

 

Smile

Prelim sent 23/09/06

LBA sent 27/10/06

£2435

Payed in full, just before MCOL, 17/11/06

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  • 1 month later...
  • 3 weeks later...

SUCCESS!

 

The day after smile acknowledged my moneyclaim I received a letter telling me that as a 'gesture of goodwill' they had refunded the total I claimed minus two charges for overdraft arrangements and one charge of £10 that they couldn't find. Fair enough with the overdraft arrangement charges, I guess they organised a service (they were £12.80 and £16.40 so I'm not that bothered). I rechecked my statements and found that the £10 was definitely on there so called them and they refunded that too.

 

I also told them I wouldn't withdraw the moneyclaim unless they paid the £120 fee I had to pay. After a secure message their legal team wrote to me to tell me that they'd refunded that too.

 

I was happy with all of this, and have now transferred the money out of my smile account and am now £1529.50 better off.

 

Thanks to all who helped me out on this one, and thanks in general to the mods and contributors to this site and the forums.

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Great result Bombadier. Can you complete the survey please.

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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