Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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 
        • Thanks
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 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
        • Like

Sunseeker v's smile xxxWON.xx


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6398 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

Well, looked at current account this morning and have an entry titled 'Adj. Commission' with a credit value of £2,522 next to it.

 

Guess who's going for 2 weeks all inclusive to Sharm el Sheik coutesy of Smile!!

 

Result

Smile: £2,522 full payment received,

Citi Cards: £693.71 balance written off. Full value of Court claim,

West Brom Building Society: DPA request sent 15.05.06,

Capital 1: £220 claimed LBA sent 15.05.06.

Barclaycard: DPA request sent 16.05.06

Link to post
Share on other sites

Excellent news !!!

 

T xx

Barclays owe me £3,101.72

:mad:

 

Initial Letter - 04.05.06

Reply Recieved - 11.05.06

They will reply by - 04.06.06 (Whatever !!)

LBA sent - 19.05.06

Claim due to be issued - 02.06.06

Link to post
Share on other sites

Well, looked at current account this morning and have an entry titled 'Adj. Commission' with a credit value of £2,522 next to it.

Great result. Was that the full amount of your claim, and if so, what was the last communication you had from the bank? By that I mean was it "we will pay" or "we won't pay" In a nutshell, was this payment expected?

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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

Don't know at present. They havn't sent any details of the charges even though I requested these on 15.02.06!

 

Will calculate what I should be owed when I get them then any shortfall will be requested again from then. In the meantime, something is better than nothing

Smile: £2,522 full payment received,

Citi Cards: £693.71 balance written off. Full value of Court claim,

West Brom Building Society: DPA request sent 15.05.06,

Capital 1: £220 claimed LBA sent 15.05.06.

Barclaycard: DPA request sent 16.05.06

Link to post
Share on other sites

So it was an unexpected payment for an unexpected amount? How very strange...wonder how they will explain it...but as you say, better than a kick in the teeth. Well done.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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

Spiceskull

 

Cheers mate. will keep everyone informed as to how it goes in the future. Been out buying holiday clothes today.

Smile: £2,522 full payment received,

Citi Cards: £693.71 balance written off. Full value of Court claim,

West Brom Building Society: DPA request sent 15.05.06,

Capital 1: £220 claimed LBA sent 15.05.06.

Barclaycard: DPA request sent 16.05.06

Link to post
Share on other sites

  • 6 months later...

I've just found a credit from the Co-operative Bank refunding ALL my bank charges over the last 3 months - to the last penny...

 

All it took was ONE letter and 3 weeks - they didn't even get in touch, they just did it! I'm quite chuffed...

 

The key paragraph I included went like this...

 

"I cannot afford these charges and believe they are disproportionate to the actual cost to you. If you disagree, please provide a full breakdown of the costs..... bank charges are not legally enforceable and the Office of Fair Trading ruled on April 6th 2006 that such expensive penalties are 'unfair'. Penalty clauses in contracts in English law for breach of contract aren’t legal if the penalty exceeds the actual cost of the breach of either party. Your charges therefore breach the 1977 Unfair Terms Act and the 1999 Consumer Credit Act. "

Tom.G

Link to post
Share on other sites

  • 12 years later...

This topic was closed on 2019-03-08.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

Smile: £2,522 full payment received,

Citi Cards: £693.71 balance written off. Full value of Court claim,

West Brom Building Society: DPA request sent 15.05.06,

Capital 1: £220 claimed LBA sent 15.05.06.

Barclaycard: DPA request sent 16.05.06

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6398 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

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...