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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.

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      Many thanks 
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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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    • 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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Schedule Of Charges


callum.golding
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Hi there,

 

I have run through my statements and highlighted all charges, and then subtracted the refunds. I am now ready to send my preliminary letter, however I'm not sure what is meant by schedule of charges. Is this a list of charges and refunds plus dates with a subtotal, or do I send back a copy of all the statements with the amounts highlighted?

 

Thanks for your help,

 

Callum

Won** Barclays claim-in FULL

1 week before court date

26th March 2007

Won ** Natwest claim-in FULL

After LBA

12th July 2007

...starting Alliance & Leicester claim

24th September 2007

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Hey Callum

 

I had to do the same a few weeks ago. What i did was went into the bank templates library which is in the main forum near top of the page and then scrolled down to the interest calculation spreadsheets.

 

In these their are many spreadsheets for all types of claims. I am keeping it simple and not claiming interest until the court stage, so i clicked on the spreadsheet that was titled without interest. The rest is explained for you on how to fill it out but basically you need to list a few personal details i.e. account number, name, address etc. Then date of each charge, type of charge (paid referral, unpaid outs), amount they charged you, and when you have entered all these charges the spreadsheet will automatically add up all charges and provide a sub total for your claim at the top of the spreadsheet. Print it off and send to your bank along with your first letter!

 

Hope that helps??

 

Upplewood

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Yes thanks for that upplewood,

 

Below is a snippet example of how I have laid out my spreadsheet to inlcude the refunds already given. Would this be acceptable? I've also hiden the interest columns for now.

 

(details etc etc)

......

CLEARED TRANSACTION £30.00 23/10/2006

CLEARED TRANSACTION £30.00 23/10/2006.....

 

Sub Total £1,330.00

 

...Refund £30

Refund £30...

 

Sub Total £275.00

 

GRAND TOTAL (Charges- Refunds)£1,055.00

Won** Barclays claim-in FULL

1 week before court date

26th March 2007

Won ** Natwest claim-in FULL

After LBA

12th July 2007

...starting Alliance & Leicester claim

24th September 2007

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That looks good to me Callum

 

I think the general idea is that as long as you list every charge clearly, date it and provide amount so they have a complete breakdown of what you are claiming back and the total (minus refunds) then you are fine

 

on to the next stage mate:grin:

 

Upplewood

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good luck! keep us posted on the outcome :-)

----------------------------------------------------------------------------------------------------

Barclays - S.A.R - (Subject Access Request) sent 18th October

 

 

RBS - £1543.40

S.A.R - (Subject Access Request) sent 18th October

Statements received 2nd November

Prelim sent 3rd November

LBA sent 21st November

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Hi again,

 

I have one last niggle before I send a complete list of charges with my pre letter. All the refunded charges are listed on my statements as 'Refund' then the amount. However there are two amounts of 25 listed without saying refund but have next to them (U/C Day3 Num Items). Any idea what this means?

 

Thanks

 

Callum

Won** Barclays claim-in FULL

1 week before court date

26th March 2007

Won ** Natwest claim-in FULL

After LBA

12th July 2007

...starting Alliance & Leicester claim

24th September 2007

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