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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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Went to local county court and filed today:D

 

Milly X:)

 

And about time too, sheeesh thsi girl can be slow getting ready :p

 

did you ask the clerk about that 'of 8%' bit Milly ?

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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I mean its Dennis's turn tomorrow. Wouldn't tell anyone waht he got though at work.:rolleyes: but apparently in an exclusive club;) on there.

 

Apparently O/H who is his trading manager says women keep coming up to him and saying Deal or No Deal cos they have seen him on the show.

 

Milly X

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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Best of luck to him, then, Milly. How do they sort out who gets the chair, when they select the players ? I'd be really peed if I was just one of the others, but they all seem to be so happy about it !! I would absolutely HATE the jammy bu99er in the chair !!

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They all get picked to go in the chair, they film 3 times aday and everyone gets to go in the chair . There is 22 people one gets picked so there is 21 and the next show another person joins them and so on. It takes about 22 shows to get in the chair.

 

Apparently though they have enough people to go on the show for the next 80 years. So no chance of getting on now!!!

 

Milly X

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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Update received notice of issue, it has been deemed served 5th feb, deadline for acknowledgement 19th feb, exactly the same date as my O/H's card on another claim!!!

 

One question they reoffered the charges + 8% stat, should I still send a rejection letter????

 

Milly X

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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It's entirely up to you, Milly. If you want to settle for that, then do so. If you want back the interest they've charged you as well as the charges themselves, then reject and continue.

 

Your choice.

 

W

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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Westy, I did not clarify . This offer was received on the day I filed at court, so do I still need to reject the offer? They only knew yesterday as that is when deemed served.

 

If I send the rejection letter do I need to send a copy of my letter to the court and their offer letter. Not sure as what to do.:confused:

 

Milly X

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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Westy, I did not clarify . This offer was received on the day I filed at court, so do I still need to reject the offer? They only knew yesterday as that is when deemed served.

 

If I send the rejection letter do I need to send a copy of my letter to the court and their offer letter. Not sure as what to do.:confused:

 

Milly X

 

Hi Milly,

 

I would send a letter telling them thanks but a claim has now been issued in court for the full amount owed. They now have court fees as well to consider. I think if you follow through they will settle.

 

X

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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Hi Milly,

 

I would send a letter telling them thanks but a claim has now been issued in court for the full amount owed. They now have court fees as well to consider. I think if you follow through they will settle.

 

X

 

Thanks tamadus will do:)

 

Milly X

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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Hi, Milly

 

sorry I didn't reply. It may have looked as if I was online but I'd left the computer on and was (a) having supper; (b) watching Stargate SG-1; © popped out to get some more smokes; (d) couldn't resist getting a bottle of wine as well; (e) drinking it (with the memsahib); (e) watching Battlestar Galactica; and (f) dozing off on the settee.

 

So, all-in-all, a busy evening. Hope you'll forgive me. Think you were pretty much sorted anyway.

 

Best

 

W

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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Rejection letter no 4 in the library sent today including a list of all their unfair conditions.

 

Will update again soon (hopefully with a big cheque:D ) unlikely at this stage, cos I am going to be the blinkin TESt case aren't I.:rolleyes:

 

 

Milly X:)

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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I think I understand your philosophy now, Milly....

 

Always look on the dark side of life: that way, you'll only be pleasantly surprised and never disappointed.

 

What a little ray of sunshine you must be - going around smiling all the time because things are so much better than you expected!:D

 

Westy

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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THIS PASTED FROM MY PM FROM WESTY!!!

-------------------------------------------------

 

 

 

Good morning, Milly

 

Sorry I didn't reply last night. I omitted to sign out but I was miles away from my computer - 160 miles away, to be precise, picking older daughter up from Stansted, yet again!

 

Anyway, DON'T PANIC! You're doing fine and you've done the right thing.

 

"The thing is each offer had unfair conditions attached . I thought that if it came to it to show I was not being unreasonable to the judge I was going to show one of the conditions concerning confidentiallity. It basically said that this offer and any other other or corresponence between Gold fish and me. If I breached the confidentiality then they would reclaim all the money given to me or set off."

 

That is a grossly unfair condition, Milly, and is designed to terrorise. No judge will deem it acceptable.

"So I thought that i could tell the judge that as I had discussed my offers and asked for advice from the consumer action group that I felt that I could not accept the offers not even in part for fear of them reclaiming their money as they had stated in their confidentiality clause and that is why I rejected in full."

 

If it gets to court Milly, by all means do. Don't bother him with trivialities (for that is what it is) at the moment - s/he is busy enough without it.

 

In any future rejection letter, state your reasons for objecting clearly and concisely. Don't get unreasonable about it, nor go into detail. Say something along the lines of 'the conditions you attach to your offer are unreasonable and could be regarded as in terrorem. I shall be prepared to bring them to the attention of the Court should the occasion arise.'

 

That will do - no need to say any more. BUT make sure your letter is not 'without prejudice' - you wnat to be able to show them.

 

When they say 'Without prejudice save as to costs' - just remind me: aren't you going small claims? there are no cost awards (save the court fee) in small claims. You could add another sentence to your letter - perhaps the opening sentence - if you are small claims.

 

'I not you have headed your letter of xxxx (DATE) 'Without prejudice save as to costs'. I would have thought that a professional firm of solicitors would have been aware that costs are extremely unlikely to be awarded in the small claims court - unless, of course, one party is adjudged to have been acting unreasonably and/or abusing the legal process. I don't believe that my actions and claim fall under that description.'

 

It's letting them know that you aren't frightened and it's firing a warning shot across their bows.

 

Anyway, that's all i have to say at the mo. If you want to post this up on your thread, feel free. Other comments/observations are always welcome.

 

Best

 

Westy

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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Glad to see Westy is saying exactly what I told you in PM Milly. Actually make that about 5 Pm's :D

 

Now will you please stop worrying ?

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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