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.

Confused - what action do i take now? V BOS

xxCazxx

By xxCazxx
in Scotland Banks & Finance

 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6314 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

xxCazxx

xxCazxx

Posted
Posted

Hi all

 

I need some advice as to what my next step is....:confused:

 

1. I recieved my last 6 year statements

2. I sent the letter to ask for my refund for a total of £1725

3. I recieved a phonecall from BOS offering £716, i said NO - they sent a letter out 24/10/06 with the offer and said if im not happy then to contact the Financial Ombudsman..

 

has anyone else contaced the Financial Ombudsnan??... what are the chances of him over-turning what the bank have offered?

 

do i send away my complaint to the Financial Ombudsman or do i now send a letter saying im taking them to court?(and hope they then offer my full amount!):confused:

 

Any help/advice would be great...

 

Thanks

Caz

:-)

Link to post
Share on other sites
livelylad

livelylad

Posted
Posted
Hi all

 

I need some advice as to what my next step is....:confused:

 

1. I recieved my last 6 year statements

2. I sent the letter to ask for my refund for a total of £1725

3. I recieved a phonecall from BOS offering £716, i said NO - they sent a letter out 24/10/06 with the offer and said if im not happy then to contact the Financial Ombudsman..

 

has anyone else contaced the Financial Ombudsnan??... what are the chances of him over-turning what the bank have offered?

 

do i send away my complaint to the Financial Ombudsman or do i now send a letter saying im taking them to court?(and hope they then offer my full amount!):confused:

 

Any help/advice would be great...

 

Thanks

Caz

:-)

 

Hi a read of the faqs would avoid these qestions.;) You next step is to send the LBA. Read the faqs and step by step instructions both linked in my sig block.

Link to post
Share on other sites
onlymepault

onlymepault

Posted
Posted

if 14 days has passed since your last letter send letter before action and If they dont settle in full then issue mcol.Don,t bother with letter to FO he,s a toothless Tiger at best(in my opinion):lol:

This is MY oppinion for what it worth

BARCLAYS BANK LBA 23/10/05 £2,626.67:)MCOL ISSUED 11/11/05

LOMBARD DIRECT LBA + Default removal 25/10/06 £290.50 :grin: Received settlement but they won,t remove default

BARCLAYCARD LFB 10/9/06 £320.00 :cool:

AKTIV KAPITAL LBA DEFAULT REMOVAL letter sent 22/9/06 + 23/10/06 and as yet have had no reply (sent letter to all 3 CRA re-there none compliance):confused:

 

"divant worry aboot what ya owe let them woory that want,s it off ya"

Link to post
Share on other sites
buzby

buzby

Posted
Posted

Absolutely - the FO is a waste of space, follow the procedures outlined here and you won;t go far wrong. The fact they've made the initial 50% offer means with almost certainlty they'll settle if it goes to court.

Link to post
Share on other sites
livelylad

livelylad

Posted
Posted
if 14 days has passed since your last letter send letter before action and If they dont settle in full then issue mcol.Don,t bother with letter to FO he,s a toothless Tiger at best(in my opinion):lol:

 

 

Please be aware that if the bank replies within the 14 days with a "not a chance letter" you do not have to wait the full 14 days before sending the LBA.

Link to post
Share on other sites
  • 1 month later...
xxCazxx

xxCazxx

Posted
  • Author
Posted

Hi

 

I sent the LBA away 3/11/06 and not heard anything back .

 

I am in the process of filling out the court papers for the summary cause (ive near enough copied Scotia's template and added a few other bits from others)

 

my questions now are:

 

1) On the court paper what bank address do i put? my first letter i sent to my local branch who forwarded it to Customer Relations in Dunfermline, and it is them who have wrote back and forth with me - i sent my LBA to them - so do i put the Dunfermline address on the court papers but take them to my local court to be actioned? or because i am taking them to my local court do i then need to put my local branch as the "person who action is raised against" ?? im so confused as you can tell:confused:

 

 

2) i know that small claims is £750 limit and summary is £1500 ( i am claiming (£1715) so im going to do 1 summary then 1 small claims - my question is on the summary court papers is it £1500 that i claim then court costs and interest is added to that amount so in the hope that i do win i will infact get more than the £1500 - i have read various posts but some say the WHOLE pay out has to be £1500 and other posts say you can claim the £1500 plus your interest and court cost?!! can anyone advise which is correct??

 

 

Any advice will be gratefull!

:)

Caz

Link to post
Share on other sites
buzby

buzby

Posted
Posted

1) You raise it against the Registered Office of the bank - which is at The Mound in Edinburgh. If you serve on any other address it can be successfully challenged.

2) You have to think carefully about splitting. If the case goes to court, then you can bet your boots any settlement will preclude you from raising any other action, as it will be viewed by the court as an abuse of process. For for the Summary Cause maximum, plus costs and expenses and you will be safe enough.

Link to post
Share on other sites
xxCazxx

xxCazxx

Posted
  • Author
Posted
1) You raise it against the Registered Office of the bank - which is at The Mound in Edinburgh. If you serve on any other address it can be successfully challenged.

2) You have to think carefully about splitting. If the case goes to court, then you can bet your boots any settlement will preclude you from raising any other action, as it will be viewed by the court as an abuse of process. For for the Summary Cause maximum, plus costs and expenses and you will be safe enough.

 

 

Thanks Buzby - think i will just stick with the 1 summary claim and not bother with the small claim of £215

 

Caz

:)

Link to post
Share on other sites
  • 1 month later...
xxCazxx

xxCazxx

Posted
  • Author
Posted

hi everyone

 

Happy new year to you all & all the best for 2007!

 

My update:

 

submitted my forms to the court - have got date of 29/1/07..

Sheriff Officer delivered the papers to the BOS,Edinburgh on the 29th December.... So now its the waiting game!!

 

Does anyone know what the "norm" is for BOS will they refund quickly? or wait till day before court and offer refund.. or do they go to court?!! im getting really nervous now thinking i may end up at court!!!

 

Many thanks

Caz

x

Link to post
Share on other sites
maroondevo52

maroondevo52

Posted
Posted

Hi, with my first claim against BOS they phoned me on my return date to ask if I had received their offer of full payment in the post. I said I had that very morning. I forgot to add my court fee and interest so phoned them and they put both into my account within days.

 

Best wishes.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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

xxCazxx

Posted
  • Author
Posted

Great News!!

 

The calling date for my case was is the 21st January which is this Sunday.. checked my bank account this afternoon and the bank have paid in my money plus the interest plus my court fees!!! whooo hoooo....

 

Over the moon.. now i have to contact the court to say i have settled and no need for the hearing date of the 29th January!! so happy..

 

I have been phoning everyone i know, to let them know how sucessfull i have been and to encourage them to claim back their charges!!!

 

£1900 is what i was paid back today!!!

 

Thank you to everyone who answered by queries... if anyone has any questions i will do my best to help...

 

Good Luck All

 

Caz

xx

:D

Link to post
Share on other sites
xxCazxx

xxCazxx

Posted
  • Author
Posted
Congrats Caz, great feeling when you get there isnt it.

 

 

yeah!! cant believe how "easy" it was... when i was first offered the goodwill gesture of £716 was thinking of taking the easy way out.. really did not fancy court.. but today im so glad i steamed ahead to claim all money back and interest is only a bonus!!!

 

When you take on such a large company and win, gives you such a great sense of achievment - anything is possible!!

 

Caz

x

Link to post
Share on other sites
maroondevo52

maroondevo52

Posted
Posted

Well done Caz ! Great to hear. Spend it wisely?

 

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Link to post
Share on other sites
xxCazxx

xxCazxx

Posted
  • Author
Posted

Can anyone tell me if there is a standard letter that i have to send tothe court to say that the bank have settled out of court. Or can i just type up a letter saying just that " no longer need to go ahead with case, as defender has paid all costs owing to me?"

 

Court date is 29th, so need to send a letter to courts asap!!

 

Thanks

 

Caz

x

Link to post
Share on other sites
maroondevo52

maroondevo52

Posted
Posted

Hi Caz,

 

Think I just telephoned the court and told them the Bank had settled.

You should give them a ring asap and they will tell you the score.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Link to post
Share on other sites
buzby

buzby

Posted
Posted

I'd also write - as phone calls can be problematical if they're not acted upon. A quick note quoting the case number. You are asking for your action to be 'Discontinued', and explain that you have reached a settlement.

 

Do NOT do this until you have received all money due and it is safely in your hands, and you cannot raise the same action again.

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

xxCazxx

Posted
  • Author
Posted

Hi all

 

Quick Question - My brother is now claiming back his bank charges.

 

When you claim back your charges on your credit card is it exactly the same wording you use? ie can he copy the claim he is sending to the court for his bank charges for his credit card ? ( do you have to mention other Acts or is it the same CCR (1999) and UCTA 1977.

 

 

 

thanks

Caz

x

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...