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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 
      • 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
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Claiming while over overdraft limit ***WON***


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Hi,

 

I'm just about ready to make a claim from smile, for £925. However, I am over my overdraft limit at the moment (due to charges and an overdraft that's decreasing by £100 every month) and that £925 would not cover the whole overdraft.

My overdraft limit is now £1000, and I am overdrawn by £1225, if memory serves. This will leave me with an overdraft of £300 if they pay me back the charges.

 

Has anybody claimed from Smile (Or I suppose any bank) while over their overdraft limit? Did this cause any problems? Might Smile ask me to pay back the whole lot? I have a parachute account but I'll have to find that £300 from somewhere if they do ask.

 

Thanks for any help or advice anyone has,

John

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Hi Rhombus. We Are Currently Overdrawn By 90.00 Without An Overdraft And They Are Planning To Add More Charges This Month Of 70.00. We Havent Used The Account In Over Two Months And We Refuse To Pay Money In As The Account Is In Disspute. I Dont Think This Will Affect Your Claim As I Expect The Charges You Are Getting Are Not Helping You Keep Within Your Limit. If You Start Procedings Smile Will Proberly Get Shirty And If You Abuse Your Account To Much Will Ask For You To Hand Your Cards/cheque Book Back. This Has Happened With My First Direct Account, We Went Overdrawn By 20.00 For One Day And Had A Stroppy Letter From Them Saying We Would Have To Hand Our Cards Back If It Happens Again. We Are At The Moment Claiming For Money Back From Them As Well So This Is Why They Are Getting Shirty. Hope This Helps. Gill

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Well today Smile sent me a letter requesting that I contact them to discuss my proposals for returning my account to its agreed overdraft limit... I've got a proposal all right.

 

Sending a request for my £925 today :)

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Got a letter this morning from Smile, dated the 10th.

 

They apologised for having been unable to respond to my letter of the 8th (isn't this a response?) and said that they're still looking into the issues I raised regarding charges.

Apparently, as soon as they "make a decision" about this they'll be able to send me a full response. They're hoping to be able to send me this "shortly".

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Just stick to your timetable. If Smile contact you about your overdraft just write and advise them that you are placing your account in dispute which will prevent them taking action until the dispute is resolved. They won't take your overdraft off you because of your claim.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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.

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Congratulations. Don't forget the survey, and a donation if you can manage it to make sure the site keeps going.

 

Great feeling isn't it.:p

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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.

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