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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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New here - question regarding payment


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Hi,

 

Just been reading through the forums, and looking forward to trying to claim back the huge amount of money FD took from me over the years.

 

One query is due to the fact my account is now closed (their request) with roughly £5000 owing, which I am paying off monthly.

 

If I get a settlement from them, I don't really wish for it to be credited to my account, as if they had played fair, the account would never have been closed.

 

Am I able to request a payment by cheque? Has anyone else been in the same situation?

 

Pete

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I have been offered a full refund but they want some off it to pay back what I owe..the account is closed, the sum is been reduced monthly via payplan ..I have refused their settlement to do this unless it is refunded in full by cheque outlining the fact that I already have an agreement with them to reduce this debt (which they actually caused) I am waiting for a reply from DG solicitors

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I requested LTSB to pay me my court settlement of £3.3k by cheque because I wanted to take a photo of it and frame it.

 

Meanwhile I owe them £3k (on a, now, closed account), which I am paying back as slowly as possible over the next 10 years.

 

Unfortunately, LTSB paid the settlement amount straight into my account (surprise, surprise). Not sure if they were legally entitled to do that.

 

Would like to know.

Lloyds TSB - £3,300.00 + £250.00 from FOS.

***FULL SETTLEMENT RECEIVED***

 

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I requested LTSB to pay me my court settlement of £3.3k by cheque because I wanted to take a photo of it and frame it.

 

Meanwhile I owe them £3k (on a, now, closed account), which I am paying back as slowly as possible over the next 10 years.

 

Unfortunately, LTSB paid the settlement amount straight into my account (surprise, surprise). Not sure if they were legally entitled to do that.

 

Would like to know.

 

So just to make sure I understand, you owed LTSB £3K and they effectively cleared this by making the payment into the account?

 

Are you leaving it like that or pursuing the cheque?

 

(Well done on the £3K settlement by the way!)

 

Pete

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Yes, that's exactly what they've done.

 

No I don't intend to leave it like that because I still want my cheque. I dont know if I can force LTSB to send me one but I'm going to try.

 

I am writing a letter, right now, to the court to ask the judge if the defendant can do this. If he can, I dont see the point in me filling out the Request for Judgement form and putting "I want a cheque" on it if the defendant can ignore it. This effectively means LTSB get to keep the money by offsetting it against my overdraft, which seems unfair because I had a CCCS debt management arrangement in place to pay it off monthly along with other creditors.

 

The reason I didn't want the money to be paid into that account is because, by so doing, LTSB will get the lot when I wanted to be fair to my other creditors and pay them all in proportion to what I owe each of them.

Lloyds TSB - £3,300.00 + £250.00 from FOS.

***FULL SETTLEMENT RECEIVED***

 

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