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    • 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
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I've gone through your previous thread to try and distill the complaint so it is easier to understand.

 

This took about an hour to do and I really don't want to do it again. Can other people in future try to follow a similar format!

 

If this is incorrect in any way, or if there is something important missing, do say so. Following the same format.

 

 

  • You became an Npower customer on 22nd October 2013.

 

  • You were previously with Scottish Power at the same property.

 

  • The property is a 2 bedroom end-terrace of relatively new (1995) construction.

 

  • Npower sent you an email on 27th November 2013 stating your direct debit figure should be £72.63 to cover your fuel usage. This was a lot less than your previous supplier.

 

  • You have made direct debit payments to Npower from January 2014 to February 2015, with amounts varying between £66.00 and £78.00 (total £1120.41 to date).

 

  • You did not receive a bill from Npower and you were concerned.

 

  • You phoned Npower during March 2014 to query the lack of billing and check your payments were covering your usage. You provided meter readings. Npower advised you everything was fine and that a bill would be generated and you should receive it within a month.

 

  • You did not receive a bill from Npower and you phoned them in April 2014. You were advised nothing was wrong and your payments were covering your energy usage.

 

  • A bill was produced on 3rd May 2014. Npower projected your annual usage would be £671.01 for electricity and £558.28 for gas (total £1229.29). Npower advised you were currently £22.07 in debit, although you had been previously told this balance would be cleared during the summer months.

 

  • Another bill was received 24th June 2014. You were advised prices were going to increase, and also that you had used £361.41 of energy since the previous bill in May. Npower decreased the direct debit to £66, with no prior notification or explanation as to why.

 

  • Npower email you on 6th July 2014, notifying you the bill has been produced. This prompted you to call Npower as you were concerned a mistake had been made. You were told not to worry; that the direct debit figure would revert to its previous amount and that a new bill would be produced.

 

  • On 21st July 2014, your previous bill of 24th June 2014 is reversed. This appears to include the payments you had made also.

 

  • On 21st July 2014, a new bill is produced with a statement to say you have used £585.04 in energy since the previous bill. Your annual projection is now £1140.92 for electricity and £644.39 for gas (total £1785.31). Npower advise your direct debit will increase to £150 per month.

 

  • When you receive this bill on 25th July 2014, you phone Npower. You are advised the bill is in fact incorrect and your direct debit will stay at £72.63. In fact, Npower offer you to reduce your direct debit to £66 per month. You decline this offer to reduce your direct debit.

 

  • You receive an email on 26th July 2014 from Npower, who thank you for changing your direct debit amount. On calling Npower you are advised your direct debit figure is now £72.63, which had been changed from £150 the previous day by you. You were unsatisfied with how it was being managed and explained the previous phone calls you'd had to the Npower rep. Npower apologised, cited problems with their systems which may have been the cause of this and you were assured these problems would persist no further.

 

  • Either during your phone call of 26th July, or shortly after, you become aware that the meter number on your account is wrong [N.B. Which fuel? Electricity?]. You provided the correct meter number and were advised the system had been updated.

 

  • On 1st August 2014, a direct debit payment for £66 is paid to Npower. You manually change your direct debit to £78 online, as you were not confident with Npower's staff over the phone and you wanted to ensure a debt balance did not occur. You did not receive an email confirmation of this change.

 

  • On 6th August 2014, the bill from 21st July 2014 is reversed. A new bill is generated with the same usage figures but your direct debit figure is now quoted at £39.00 per month.

 

  • On 8th August 2014, you manually change your direct debit to £78 online. This time you receive an email confirmation.

 

  • Npower email you on 11th August 2014 to apologise for the problems you have been experiencing regarding your direct debit.

 

  • You continue to pay your monthly direct debit and also make monthly phone calls to Npower to check the status of your account. You are advised everything is fine.

 

  • On 5th February 2015, you receive an email notification that your direct debit will increase to £253 per month.

 

  • On 5th February 2015, you phone Npower who advise there is no record of a direct debit amount of £253; their systems show £440 instead. You were asked to provide meter readings and also your meter numbers. You hear a countdown from an adviser in the background, followed by a loud cheer, followed by your call being cut off. You tried to call back but were informed the lines closed at 8pm.

 

  • Your online account showed your account was in credit by £84.15. You notice the wrong meter serial number is shown for electricity.

 

  • To protect yourself from what you believe to be an error with the direct debit, you cancelled the direct debit instruction with your bank as your monthly wages are £880.

 

  • On 6th February 2015, you check your online account. It is unchanged. You phone Npower and speak to Amber. You ask to speak to a manager. Amber advises no managers are available as they are all in meetings. You ask to speak to the complaints department. Amber advises this department does not exist. Amber advises she will document your complaint. You try to explain the events over the past several months, but Amber continually interupts you with excuses. She then eventually puts you through to a manager.

 

  • You speak to Phil Whitehead. He apologises for the problems and compensation is discussed. He advises the problems will be resolved. Your tariff is changed, but because you no longer pay by direct debit it is not the cheapest tariff available. You are given a complaint reference number.

 

  • At some point, you attempt to change suppliers?

 

  • On 7th February 2015, you are called by Phil Whitehead at Npower. You are advised that because you attempted to change supplier, your account is locked. He advises you he is unable to correct your meter number or perform any other resolution. You are advised more bills will be generated and more bill reversals will take place. He advises a complaint will be actioned over poor customer service.

 

  • On 7th March 2015, you receive a letter from the Npower complaints team. You phone on 9th March 2015 for an update. You discover about half the details of the complaint don't exist on Npower's system. You repeat them. The adviser, Ashleigh, appears helpful and provides her email address for you to send photographs of the meter. She advises you that she should not be providing her email address to you, but must to resolve the problem. She advises no final bill will be produced until the investigations are complete. No timescale can be given for this.

 

  • On 14th March 2015, Npower rep Ashleigh phones you. She advises that the meter serial number is indeed incorrect, but that Npower refuses to change the bill as although they knew it was incorrect - you did not do anything about it. You ask for all statements, bills and payments made on the account to be sent in the post.

 

  • On 30th March 2015, you receive a letter asking why a payment was not made against your final recent energy bill.

 

  • On 31st March 2015, you receive the final energy bill of £438.30.

 

  • On 1st April 2015, you receive a letter from Npower asking you to call them. You phone and speak to Louise. She does not know why you are calling and you have to explain the situation again. Louise advises you the complaint on the system is not clear; Ashleigh has the complaint locked to herself. You are advised you will be called the following day for an update.

 

  • On 2nd April 2015, you receive a phone call from Npower rep Ashleigh. She advises the complaint is not locked to herself and anyone should be able to help you. She apologises for the delay and advises you the complaint will in fact stay locked to herself, and advises you will be called back within 10 days.

 

  • On 8th April 2015, you receive a final reminder for the electricity bill.

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