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


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • 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 
      • 81 replies
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • 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
        • Like
      BankFodder

      Picked By

      BankFodder,
    View All
Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

twoofus v YB ***WON***

twoofus
 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6134 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

twoofus

twoofus

Posted
  • Author
Posted

Hi All,

 

Received a letter this morning with an offer on the claim. Basically offering Charges and Court Fee but no interest, they can ram that.

 

Some interesting wording in the letter but nothing particularly different.

 

Will send a rejection and emphasize taht I want everything I've claimed as they have had plenty of time to comply blah blah blah.

 

At least its some news

My YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

Wifes YB account: S.A.R. 11/10/06: Prelim 23/11/06: LBA 27/11/06: Offer Rejection 17/12/06: MCOL 09/02/07

Joint YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

My FD account: Settled

Wifes FD account: Settled

Link to post
Share on other sites
  • Replies 206
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

hilaryfrances

hilaryfrances

Posted
Posted

they are cheeky arent they. they must think we are all daft and we will accept their offer at the last minute rather than face court. They must realise some of us would LOVE them to take us to court, we could claim for stress and I could make a good claim for financial mistakes I made and later regretted trying to take back control of my life after YB got me in a right old pickle. I am going to get my court bundles ready today as I have some spare time. I want to be well prepared for when I need them. I am sure you will get all your money soon. Hilary

Link to post
Share on other sites
twoofus

twoofus

Posted
  • Author
Posted

Smacks of desperation to me Hilary. We are just deciding whether to put in the rejection letter that we also want the £100 for the change of court fee, we have been told by the court that we should be getting a date in early June as there application for a one months stay was rejected so not to far away now but I have a sneaky feeling it might not get that far :rolleyes: .

 

As soon as this ones sorted we have another 2 claims ready fo MCOL with them aswell and with what we've learned from this claim I plan to be much more aggressive in my approach with them next time round.

 

Good look with your court bundle and let me know how you're getting on,

 

Take care

My YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

Wifes YB account: S.A.R. 11/10/06: Prelim 23/11/06: LBA 27/11/06: Offer Rejection 17/12/06: MCOL 09/02/07

Joint YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

My FD account: Settled

Wifes FD account: Settled

Link to post
Share on other sites
caro

caro

Posted
Posted

I'm told that the compliance department is the same for Clydesdale and Yorkshire Banks.

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.

Link to post
Share on other sites
caro

caro

Posted
Posted

Has anyone had a response from this?

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.

Link to post
Share on other sites
twoofus

twoofus

Posted
  • Author
Posted

Whoohooooo we've finally got a court date, phoned the court office this morning and they told us we have a date, its about 5 weeks away.:D

My YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

Wifes YB account: S.A.R. 11/10/06: Prelim 23/11/06: LBA 27/11/06: Offer Rejection 17/12/06: MCOL 09/02/07

Joint YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

My FD account: Settled

Wifes FD account: Settled

Link to post
Share on other sites
twoofus

twoofus

Posted
  • Author
Posted

Just thought it would be interesting to know who's claim has currently been ongoing the longest. You have to go from the date of your S.A.R. letter asking for your DPA info.

 

Ours request was sent on 10/10/06, anyone beat that?? Almost 7 months.

My YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

Wifes YB account: S.A.R. 11/10/06: Prelim 23/11/06: LBA 27/11/06: Offer Rejection 17/12/06: MCOL 09/02/07

Joint YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

My FD account: Settled

Wifes FD account: Settled

Link to post
Share on other sites
caro

caro

Posted
Posted

Great twoofus. Not too long now.

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.

Link to post
Share on other sites
hilaryfrances

hilaryfrances

Posted
Posted
;) Yippeeeeee you should get your money soon, I dont know why they insist on fiddling about like this. Once you have your money dont forget to claim for wasting the courts time. I think this is brill, they have made such a lot of peeps miserable over the years it is great to be able to make their life hell back. Even though we are relativley clear of money worries now I still go cold when I hear the post arriving. A legacey from good old Yorkshire Bank which will stay with me for some time yet I fear. I really HATE them.You must have a celebration when your cheque arrives. Good luck Hils
Link to post
Share on other sites
sajabu2003

sajabu2003

Posted
Posted

Request sent 19th Sept 2006. Court date 7th June 2007. Had no offers throughout the whole process.

 

So over 7 months :mad: .oO( I swear they've forgotten about me haha)

 

I think caro's process was 9 months though :o

 

Sarah.

Yorkshire Bank

Started Process 19th Sept 2006.

All Stages Followed.

Next Step Court!

Hearing Date 7th June 2007.

WON!!!!! 6th June 2007 :D

 

Frequently Asked Questions

Example Step-By-Step Instructions

Link to post
Share on other sites
caro

caro

Posted
Posted

10 months first time round.

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.

Link to post
Share on other sites
sajabu2003

sajabu2003

Posted
Posted

Your claim might have a first birthday :eek: That's dreadful and I don't know how banks are still allowed to get away with it :-x

Yorkshire Bank

Started Process 19th Sept 2006.

All Stages Followed.

Next Step Court!

Hearing Date 7th June 2007.

WON!!!!! 6th June 2007 :D

 

Frequently Asked Questions

Example Step-By-Step Instructions

Link to post
Share on other sites
twoofus

twoofus

Posted
  • Author
Posted

And there was me thinking we might have the longest one currently running :rolleyes:

My YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

Wifes YB account: S.A.R. 11/10/06: Prelim 23/11/06: LBA 27/11/06: Offer Rejection 17/12/06: MCOL 09/02/07

Joint YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

My FD account: Settled

Wifes FD account: Settled

Link to post
Share on other sites
caro

caro

Posted
Posted

And when's the next court date Harry. Will you have an anniverary?;)

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.

Link to post
Share on other sites
  • 2 weeks later...
twoofus

twoofus

Posted
  • Author
Posted

Been made another offer!!!

 

They've offered us the same as last time in a cheque (well slightly less) but they have said they will pay my wifes O/D off aswell which totals the full amount we are claiming. My wifes O/D is part of our DMP and itself is made mostly up of charges over and above this claim.

 

I am going to send a rejection on the grounds its our money and we will decide what to pay with it and although they are offering the full amount they are not offering it directly to us. The cheeky sods have said they've already paid the O/D off and sent a letter to the courts saying the case is settled :mad: .

 

Any thoughts guys

My YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

Wifes YB account: S.A.R. 11/10/06: Prelim 23/11/06: LBA 27/11/06: Offer Rejection 17/12/06: MCOL 09/02/07

Joint YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

My FD account: Settled

Wifes FD account: Settled

Link to post
Share on other sites
moss

moss

Posted
Posted

I think i would reject it as well, i would write to, or ring the court and point out that their statement that the case is settled is false as you haven't had an acceptable offer, don't want the court to vacate your hearing date.

Link to post
Share on other sites
twoofus

twoofus

Posted
  • Author
Posted

Well, we haven't received YB's court bundle yet and they are suppose to have it to us by Tuesday morning so we'll wait and see.

 

If we don't receive it by the 14days before our court date what happens, do we have grounds to phone the court and ask for judgement as they have failed to comply??

My YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

Wifes YB account: S.A.R. 11/10/06: Prelim 23/11/06: LBA 27/11/06: Offer Rejection 17/12/06: MCOL 09/02/07

Joint YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

My FD account: Settled

Wifes FD account: Settled

Link to post
Share on other sites
caro

caro

Posted
Posted

Depends on your court order. To be honest you are so close to your court date now, unless you have a court that respond quickly, it will make little difference. Chances are YB would say they are trying to settle.

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.

Link to post
Share on other sites
twoofus

twoofus

Posted
  • Author
Posted

What would happen then, for example, YB don't send us a court bundle and we get to the day of our hearing. Would the court give them time to give us their bundle to look at before we proceeded?

 

I know it probably won't happen Caro :( but we just want to prepare for all possibilities, you never know, we could be the first case YB decide to defend against.:rolleyes:

My YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

Wifes YB account: S.A.R. 11/10/06: Prelim 23/11/06: LBA 27/11/06: Offer Rejection 17/12/06: MCOL 09/02/07

Joint YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

My FD account: Settled

Wifes FD account: Settled

Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...