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 
      • 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

SLH542000 v Morgan Stanley


slh542000
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6256 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

thanks for the inputs noomill. I'll see what comes of my refusal of their payment (which was partly because of conditions attached, and partly casue they didn't "recognise" my interest!).

 

Has anyone actually won contractural interest of Morgan Stanley?

Lloyds

19-10-06- S.A.R Letter

Prelim 20-11-06 £10,492

LBA - 2/12/06

Cap 1

19-10-06 - S.A.R Letter

Prelim 20-11-06 £1,467

LBA 2/12/06

WON-Settled in Full

AMEX

19-10-06 -S.A.R Letter.

Prelim - 20-11-06 £697

LBA - 2/12/06

Morgan Stanley

19-10-06 - S.A.R Letter

Prelm 20-11-06 £1580

23-11-06. £1076 offered.

4-12-06 - LBA

Won-£1580 14-12-06

MBNA

19-10-06 - S.A.R Letter

20-11-06 Prelim

WON-£4010

Link to post
Share on other sites

No reply from these guys - guess I better start drafting my Letter Before Action. Shame really, I had high hopes they'd settle early!

 

Hey Ho!

Lloyds

19-10-06- S.A.R Letter

Prelim 20-11-06 £10,492

LBA - 2/12/06

Cap 1

19-10-06 - S.A.R Letter

Prelim 20-11-06 £1,467

LBA 2/12/06

WON-Settled in Full

AMEX

19-10-06 -S.A.R Letter.

Prelim - 20-11-06 £697

LBA - 2/12/06

Morgan Stanley

19-10-06 - S.A.R Letter

Prelm 20-11-06 £1580

23-11-06. £1076 offered.

4-12-06 - LBA

Won-£1580 14-12-06

MBNA

19-10-06 - S.A.R Letter

20-11-06 Prelim

WON-£4010

Link to post
Share on other sites

Letter before Action Sent. Recorded.

 

14 days to MCOL....

 

Tick tock... tick tock....

Lloyds

19-10-06- S.A.R Letter

Prelim 20-11-06 £10,492

LBA - 2/12/06

Cap 1

19-10-06 - S.A.R Letter

Prelim 20-11-06 £1,467

LBA 2/12/06

WON-Settled in Full

AMEX

19-10-06 -S.A.R Letter.

Prelim - 20-11-06 £697

LBA - 2/12/06

Morgan Stanley

19-10-06 - S.A.R Letter

Prelm 20-11-06 £1580

23-11-06. £1076 offered.

4-12-06 - LBA

Won-£1580 14-12-06

MBNA

19-10-06 - S.A.R Letter

20-11-06 Prelim

WON-£4010

Link to post
Share on other sites

  • 2 weeks later...

Gave Morgan Stanley a courtsey call today - Gotta admit, it's funny when you call up, and get put striaght through to their payments center

 

MS: Hello Sir. Have you called to make payment on your account to bring it up to date?

 

ME: Eh, excuse me? I've called to refuse your offer of £1074 credit on my card?

 

MS: Excuse me?

 

ME: You heard. Now, run along and put me through to your Customer Liason office, as you're only a call centre operator, and couldn't possibly understand the complexities of compound contractural interest, the legality of contractual law, and it's effect on my claim.

 

MS: One second sir....

 

Ha Ha! How I laughed!

 

So, they first say they can't possibly pay contractual interest, as every payment I make first pays off the fees, then the balance second. So I say well, if you never applied the (and lets face it, they are unlawful) fees to my account, then I'd have paid off more of my balance, so therefore the principle still stands. Now, I'm filing at Northampton County Courts on monday, so I thought I'd phone to see if your willing to settle, and save Morgan Stanley even more money.

 

One second. (Pause, chats to his manager). Yes sir. We'll settle in full.

 

So I say, Full amount (£1076) PLUS interest @ 19.6% (£517.38)??

 

Yes. Full and final Settlement of this claim. But we're not in anyway admitting our fees are unlawful, just want to reslove this matter.

 

I say "yea, whatever. When can I see the cash" They say "We'll draft the offer and post it today"

 

So thats it. Done and Dusted. Just before christmas too! Hurrah!!! :)

 

One thing. If they put any conditions .... like "...this is full and final settlement, including any future claims in relation to default charges..." is it binding? Or do I have to send it back?? Anyone?

Lloyds

19-10-06- S.A.R Letter

Prelim 20-11-06 £10,492

LBA - 2/12/06

Cap 1

19-10-06 - S.A.R Letter

Prelim 20-11-06 £1,467

LBA 2/12/06

WON-Settled in Full

AMEX

19-10-06 -S.A.R Letter.

Prelim - 20-11-06 £697

LBA - 2/12/06

Morgan Stanley

19-10-06 - S.A.R Letter

Prelm 20-11-06 £1580

23-11-06. £1076 offered.

4-12-06 - LBA

Won-£1580 14-12-06

MBNA

19-10-06 - S.A.R Letter

20-11-06 Prelim

WON-£4010

Link to post
Share on other sites

 

One thing. If they put any conditions .... like "...this is full and final settlement, including any future claims in relation to default charges..." is it binding? Or do I have to send it back?? Anyone?

 

Any condition such as "in full and final settlement" is only valid and enforceable if they give you someting else in return. The clause would have to say something like:

 

"you agree that this is in full and final settlement of your claim in return for which we will give you a sack of potatoes"

 

Silly example but the sack of potatoes is (in contract law) referred to as the "consideration"'; others may call it "quid pro quo". It has to be something tangible over and above your settlement.

 

If they give you consideration then the clause is binding on you. If there's no consideration then it's not binding.

 

Pete

  • Haha 1

I will not make any deals with you. I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered. My life is my own. Number 6

Link to post
Share on other sites

thats what I thought. (or, that's what I'd read somewhere else on this forum!) Just wanted clarification, and confirmation.

 

They've not offered any consideration, therefore it's not binding. so I'll sign and get me money, safe in the knowledge, if I were to incur charges at any point in the future, I can repeat my action, and reclaim! (not that I intend using my credit card anymore!!)

 

Thanks for the advice

 

Cheers

 

Steve.

Lloyds

19-10-06- S.A.R Letter

Prelim 20-11-06 £10,492

LBA - 2/12/06

Cap 1

19-10-06 - S.A.R Letter

Prelim 20-11-06 £1,467

LBA 2/12/06

WON-Settled in Full

AMEX

19-10-06 -S.A.R Letter.

Prelim - 20-11-06 £697

LBA - 2/12/06

Morgan Stanley

19-10-06 - S.A.R Letter

Prelm 20-11-06 £1580

23-11-06. £1076 offered.

4-12-06 - LBA

Won-£1580 14-12-06

MBNA

19-10-06 - S.A.R Letter

20-11-06 Prelim

WON-£4010

Link to post
Share on other sites

Excellent news and it gave me a laugh. FFS, these muppets are almost worth it for their entertainment value!

 

I'll do the same, after re-evaluating my claim to bring the contractual interest and other expenses I have been put to, up to date.

 

Dont forget to add that you will only consider the matter settled on clearance of their cheque, otherwise in the words of P.O'Neil-

 

"The War goes on"

Link to post
Share on other sites

I was at exactly the same point with Morgan Stanley today.........they refused to give me contractual interest of £271 but offered 8% ( £115) interest as 'would be applied ' by the Court!!!!!!!!!

Well I told them to shove it! Should I send a copy of our 'Final' offer? No save yourself the cost of the stamp was my reply......... So now they have the added £80 for Court fees and the added cost of the Ombudsman complaint.

great business sense Eh?

I'm starting to enjoy this......

 

Roscodog

"What counts is not necessarily the size of the dog in the fight; it's the size of the fight in the dog."

Dwight D. Eisenhower

Link to post
Share on other sites

I got a similar letter roscodog- the second offer from MS-

 

They would return all unlawful fees and add the 8% interest that a court would award, but no way can we return your contractual interest.

 

Absolutely not.

 

 

No way, never! Ever-ever-ever!

 

**Karla Kenny stamps her dainty little cloven hoofs**

 

 

So like slh542000, Im going to phone on Monday and ask her if they'd like to settle before I file the court papers on Monday afternoon!

 

Here are the terms MS attached to the above offer:

 

Full and final settlement, including any future claims against MS in relation to default charges.

 

Gagging clause.

 

 

Offer open till 9 january

 

 

No claim to be made to any competant court (is there any other?!)

 

No complaint to FSA or FOS.

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/49094-noomillo6o-morgan-stanley.html

Link to post
Share on other sites

Hi,

I posted my N1 form to Carlisle Count Court today, I'm in Scotland but have an English postal address because several of my claims are way over the Scottish £1500 Summary Cause limit.

I'm fed up getting messed around by them........far too many phone calls chasing payment........they owe me over a grand!

Time to play hard ball..........no longer will I accept their harrasment.

I'll let you know how things go.....I'm not trying to hijack this thread and will start my own

 

Roscodog

"What counts is not necessarily the size of the dog in the fight; it's the size of the fight in the dog."

Dwight D. Eisenhower

Link to post
Share on other sites

  • 3 months later...

Hi,

 

I applied for CCI and they told me that I was mistaken and they don't pay it however, as a "good will gesture", ha ha.............they offered me the extra amount I was asking for in CCI?

 

Let them know that you have read on this site, that they are paying it, that really winds them up, lol.

 

They seem to have lost the plot!

 

Regards,

 

Dave

Vodafone - Default removed (07/01/07).

MBNA - Claim settled with contractual interest and adjusted credit file to show no late payments (12/02/07).

CABOT - Taken to Court by Cabot/Morgan over alleged credit card debt, case dismissed (06/12/10).

Link to post
Share on other sites

No,

 

It means Compounded Contractual Interest, there are lots of threads on the site regarding CCI. Lots of people are claiming it now. Basically, if they want to fight it, they will have to do it in Court, and we all know how many of them, want to go there!

 

Dave

Vodafone - Default removed (07/01/07).

MBNA - Claim settled with contractual interest and adjusted credit file to show no late payments (12/02/07).

CABOT - Taken to Court by Cabot/Morgan over alleged credit card debt, case dismissed (06/12/10).

Link to post
Share on other sites

Im claiming compounded and MS didnt even put in a defence!

 

All Im waiting for is the judge's decision as to whether I should get judicial interest at 8% or the 20.9% which I claimed for, and which MS didnt defend!

Link to post
Share on other sites

Go for the contractual, please let me know how you do as I am going to take them to Court soon, any advice on what to expect, would be great thanks.

Vodafone - Default removed (07/01/07).

MBNA - Claim settled with contractual interest and adjusted credit file to show no late payments (12/02/07).

CABOT - Taken to Court by Cabot/Morgan over alleged credit card debt, case dismissed (06/12/10).

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...