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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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    • 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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BES Commercial Electricity Ltd (again!)


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My mum has a small business, a shop.

 

Recently she contacted her energy supplier (one of the big names) and negotiated a (hopefully cheaper) new contract.

 

Within a day or two (Tin Foil Hat time)

someone contacted her about cheaper electricity and

 

a few days after that she received a letter from BES Commercial Electricity Ltd.

It's possible they had been hassling and cold calling her for a while.

 

This letter claims she entered a verbal agreement on the phone.

She called to question this and

 

the 'customer services' dept told her they will be taking over the supply,

the changeover is in process and will cost £400 to stop from happening now.

 

The tone of the letter is quite threatening,

as was the phone call with the customer services department,

especially for my mum who is now nearly 70 .

 

So I’ve Googled BES and can’t find a lot of nice things said about them online.

Which is what led me to this forum.

It would appear this is all standard practice for them.

 

My understanding is distance selling regulations aren’t applicable to business,

even if they were the standard 7 days is over.

 

Unfortunately my mum doesn’t remember exactly when or what was said during the call

(she’s had a few health issues, an operation, complications then fell over and broke her arm :(

so has had a lot on her mind).

 

I think I’ll just write them a (recorded) letter telling them their services are not required,

if they believe a verbal contract has been entered then to provide evidence and a full recording

/ transcript of this verbal contract.

 

I’ve told her NOT to hand out bank details, and call her current supplier and tell them she wants them to remain her supplier.

 

Are we doing the right thing?

Can they just grab the supply?

 

I've read so many nightmares on the internet today just want to make sure I am going about this in the right way.

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If she is in a contract with her preferred supplier,

they should be able to object to the switch on the grounds of there being a contract in place.

 

I would urge you to contact your MP about this, something needs to be done about these people

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yep disgraceful lot

 

certainly contact you [old] supplier and block the transfer

 

tough luck on BES!!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks.

 

Luckily they hadn't yet approached her current provider. We called the current provider and told them under no uncertain circumstances transfer... As mum had recently negotiated / signed a new contract we are locked in with the current provider for at least a year anyway so I can't see the current provider giving that up easily.

 

Have sent one letter to BES saying we have no record of any contract at our end and to cease any further comms. Fully expect them to play the 'verbal' contract card but I think I'll be ignoring them from now on.

 

The letter they sent was absolutely mickey mouse. No reference, no account number. Just a load of statements with bits in bold saying 'will', and 'termination fee' etc. [insert expletive here].

 

Had a good search on this website. BES are certainly shocking. Some scary practices going on. Just hoping they can't somehow get hold of our supply or try and take us to court.

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  • 2 weeks later...

Update.

 

So my mum got a letter from BES this morning. Containing a disk with a recording of the call agreed with a 'broker' (who we all know was probably actually BES brokering themselves).

 

Apparently she agreed and also handed over bank details. I've not listened yet.

 

Obviously my mum is sick with worry. I am just :-x

 

They are obviously preying on the fear / court thing. If it went to court would they have a case? Would they have the appetite for a court case?

 

Is it time to get the Solicitor involved? Or shall we just ignore them and instruct the current supplier NOT to transfer the account and the bank to not allow any direct debit?

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pers I'd do the latter.

instruct the current supplier not to transfer

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yeh thanks.

 

I've reiterated to mum to call the current supplier in the morning and tell them don't let the supply go to BES.

 

I had a listen to the recordings. 3 separate calls. Not easy listening for me.

 

One where she agreed to listen if they called back later. Next one where she agreed to something not sure what as the rep was talking VERY quickly (I'd argue mum was under extreme duress - it was obvious to me she had a shop full of customers and didn't have the time for the conversation and would agree to anything just to get them off the line). And another where she handed over her DD details and meter number. :-x

 

Luckily it's an established business and can afford to get a solicitor involved. Spoke to our usual guy today. He said 'oh don't worry. Sorted one of those out with that lot just last week'. Fingers crossed with this one.

 

Damn BES and the brokers that broker them are an awful bunch of **!!££$$%%^ :mad2:

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  • 2 months later...

Old thread revival here. Just returning to say we got the matter sorted.

 

We had to get our solicitor involved and although on initial inspection the telephone conversation was 'contractually' watertight our solicitor was able to contest the contract after some assistance from the UIA.

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  • 2 weeks later...
Old thread revival here. Just returning to say we got the matter sorted.

 

We had to get our solicitor involved and although on initial inspection the telephone conversation was 'contractually' watertight our solicitor was able to contest the contract after some assistance from the UIA.

 

 

 

Hi

 

Can we please contact each other somehow, I/we are in the exactly same situation and would like o contact to your solicitor to take us out from this situation.

 

Please can we try to get in touch with each other as soon as possible, honestly this is just ruining my life, we can not believe the situation we are in with BES.

 

Look forward to hearing from you.

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Hi there,

Of recent there has been some very positive formal action

 

ie : ofgem are seriously looking into BES with the possibility of revoking their licence.

 

We contacted the UIA last week & were passed to Jim Harrison of trading standards

who is gathering information from all of BES unhappy customers- to pass this onto ofgem.

 

This is a significant & potent step forward to hopefully put an end to BES trading.

 

There may also be remuneration prospects if there licence is revoked.

 

We will be posting the contact details of trading standards dept as soon as we have the first steps delivered to us.

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Hi

 

Can we please contact each other somehow, I/we are in the exactly same situation and would like o contact to your solicitor to take us out from this situation.

 

Please can we try to get in touch with each other as soon as possible, honestly this is just ruining my life, we can not believe the situation we are in with BES.

 

Look forward to hearing from you.

 

Hi There. Although I am happy to help I suspect it would be against Forum rules me to supply my email etc and take a discussion offline.

 

I would recommend that you contact the UIA - Google - "Utilities Intermediary Association" there is contact information on their website - and explain your exact situation.

 

If you already have a solicitor stick with them. Otherwise find one that will be happy to investigate Ofgem's regulatory conditions (not just plain old contract law) with UIA's guidance. Good luck. Don't give up or lose heart.

 

Great news above from onjance1. I have heard similar rumours myself.

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  • 3 months later...

I have witnessed a similar situation cold call heavy tactics and then bullying emails and calls. My daughter trying to start a business with a 7 month old baby was conned into saying yes, on the phone, to a deal even though it was mis-sold to her. The rates were said to stay the same for 5 years but when I read the confirmation email it was listed as a tracker contract adjusting twice a year. My daughter tried to cancel the contract with a return email within 7 days. To cut a long story short she has decided not to start a business at this time due totally to the bullying tactics of BES . In this day and age a company should not be able to act this way. They should be struck off the register and internet for these practices.

 

So I’ve Googled BES and can’t find a lot of nice things said about them online.

Which is what led me to this forum.

It would appear this is all standard practice for them.

 

My understanding is distance selling regulations aren’t applicable to business,

even if they were the standard 7 days is over.

 

Unfortunately my mum doesn’t remember exactly when or what was said during the call

(she’s had a few health issues, an operation, complications then fell over and broke her arm :(

so has had a lot on her mind).

 

I think I’ll just write them a (recorded) letter telling them their services are not required,

if they believe a verbal contract has been entered then to provide evidence and a full recording

/ transcript of this verbal contract.

 

I’ve told her NOT to hand out bank details, and call her current supplier and tell them she wants them to remain her supplier.

 

Are we doing the right thing?

Can they just grab the supply?

 

I've read so many nightmares on the internet today just want to make sure I am going about this in the right way.

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you'd do well to

 

start a new thread

 

of your own

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Dear All,

 

 

Looks like I got hit by BES also.

 

 

Broker called me quoting figures I was already paying, told me I could benefit with a 35% saving with BES - I had just bought a Dry Cleaners and was keen to save.

 

 

I was put over to BES who did their bit, verbally siging the contract. I realised today the broker was talking bull, and BES are charging 40% more. 60 month contract, 20000 pounds more than Im paying over that time.

 

 

Having just moved back from Easter Europe, which I considered to be unregulated, I am incredibly dissapointed to have been tricked like this 2months after moving home. I had not heard anything about the Energy Mis Selling Scams, hence was taken in easily. After speaking to BES, they state that the contractual parts I agreed to correctly, which is all recorded - but they have nothing to do with the broker - so cant help. Yes, I should have checked my bills - but trusted the fact that the broker told me calls were recorded.

 

 

The govenment need to look at this - I may have to make people redundant because of this - this will put the growth of my business at risk. Reading on the internet, I am absolutley disgusted that BES are allowed to do this. Most of all I am mad at myself for not seeing it, being too busy with my business, and just seeing the bottom line saving.

 

Anyone got any suggestions where to start? I have already complained to the company verbally, I have already put the complaint in writing (all their emails addresses are bouncing back)

 

 

R

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  • 5 months later...

Ancient thread revival. Really posting in case anyone else caught out by BES finds this thread.

 

Investigation into BES and its compliance with its obligations under the gas and electricity supply licences (Standard Licence Conditions 7A, 7B, 7, 14 and 21B)

 

Sorry but I still can't post a link but if you google "ofgem bes investigation" it is the first article returned - dated Oct 2014.

 

Useful as the obligations listed in this investigation are how we argued that we hadn't been treated fairly and got out of our verbal agreement.

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