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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
      • 160 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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jhenry vs Lloyds ***WON***


jhenry
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My pleasure. It's a great feeling seeing people get their money back. Down with Lloyds TSB!!!:D

 

Would you like your title changed and the thread moved to successes?

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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I sent a PM to Bankfodder asking to move thread to successes. Im hoping I havent jumped the gun.:confused:

 

Just called SC&M asking if they received my fax confirming my acceptance and money will be there the usuall 7-10 day.:grin:

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Thats something that the mods would deal with rather than the admin. If its not moved in a day or two I'll get it done for you.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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  • 2 weeks later...

:( So having spoke to SC&M on the 15th December for them to confirm receipt of my acceptance (althought faxed) Which they did. (the original signed letter sent by post on the 14th and received by them on the 18th)

 

Still no money in the account. Called SC&M and apparently the file cannot be found at present and someone will call me back. So I spoke to my local branch after having spoke to every deaprtment at Lloyds first. I asked to see the Manager and I am due to see him at 1.00pm today. Although he will know nothing about the case he want's to see the settlement letter and any other correspodence available that I have. The reason for me doing this is its now been 16 days since they received signed letter. Ok -3 days holiday (well thats all Ive had). So its now 13 days and their letter confirmed 7-10days, and if no one wants to talk to me Ill persue it going thru my local branch.

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Interesting to see that you haven't had a payment either... I faxed back my settlement letter on 18th, and like you as of today still no money in account... I phoned SCM on 18th to confirm receipt, and likewise was told money would be credited to a/c within 7 - 10 days. Thought I'd leave it until end of this week, before hasseling as waited so long already anyway...!!! Will be watching with interest! Good luck!

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So didnt actually get to see the Bank Manager due to the bank manager giving me a call. He confirmed that he would speak to the solicitors get the confirmation he needed and get the money into my account. This was yesterday and Ive just logged onto the tinternet online banking and the money is sitting there - what a wicked feeling!!!!!

So turns out that the new Bank Manager (started yesterday at my Local Branch, honestly) that his first job was crediting my account with the unlawful charges, so the feeling just got better!!!:D :D :D

 

Thank You all and keep in there Vix8180

xx

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