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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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Omg!!! It's In My Account **i Won**


Katel30uk
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Well done Kate, fantastic news!!!:)

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Hi and well done!! I have just received a copy of the AQ from [problem] and yes, same thing, they are asking for extra month to try and settle. I will be sending off the letter asking them to "settle then "(full amount). Fingers crossed.

 

 

Why not just give them a call and see what they say, you could always follow this up with a letter?

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Certainly call, but also sending the letter is important as it is also copied to the court. They will then know that you are informing the court of their dodgy delaying tactics, which will make them far more inclined to settle sooner.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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at Lloyds TSB to find out when refunded charges will be refunded to my account? Is it possible to call anyone and find out?

 

I received my offer letter by fax on Monday and faxed it back Tuesday morning (I was told they would act on the fax). I've spoken to SCM this morning who say it was faxed back to LTSB yesterday and will take a further 7-10 working days for the funds to go into my account (this seems a hell of a long time).

 

Anyway, I've had LTSB collections department on the phone about my overdraft wanting to know when it will be paid off. I've told them I'm waiting for them to refund bank charges and then it will be cleared. They were unable to tell me anything about when the bank charges would be refunded but that if I called my branch they may be able to find out what was happening. I've called the branch who said that because there are no notes on their system about it and because the account is with colections that they can't find out either and don't know which department is dealing with the refund of bank charges. Still with me? :razz:

 

Does anyone know if there is a specific department dealing with this and if it's possible to call them and "encourage" them to get a move on or at least tell me whaen the funds will be available?

 

Impatient, me?

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Hya, KAte. it's generally SCM who do all the negotiating.

Who have you been dealing with there?

To be honest they said to me that it would take 7 to 10 days and it took 3...I kept checking my account and then, when I was doing my shopping one day I got a call from SCM to say it was in my bank...I nearly screamed all over the shopping centre........

keep checking your account as it just "appears"...phone your contact, My was Mr. Thomas but yours could be someone else.

good luck hun..

Freebird x

1/6/06 request charges

16/6/06 received charges

18/6/06 first request for refund

3/7/06 "No" letter from bank

13/7/06 LBA

7/08/06 handed claim to court

10/8/06 court stamped as date of issue

24/8/06 deemed to be served

25/8/06 Sechiari filed acknowledgement of service

6/9/06 defence served

9/9/06 copy of defence and AQ received by me

25/9/06 deadline for AQ submission

25/9/06 call Sechiari confirm safe receipt of my AQ

26/9/06 received copy AQ from Sechiari

29/9/06 letter to SCM to say "you want 1 month to settle, so settle"

18/10/06 after "strained communications"and how !

verbal offer of full settlement with conditions

communications rejecting conditions from me

5/11/06 received letter offering settlement with conditions

7/11/06 sent fax rejecting conditions etc

14/11/06 unconditional settlement in bank and how !;)

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Hi Freebird, sorry I've just seen your reply, I was dealing with a screaming baby!

 

I spoke to a Mr Blackman (?) on Monday who told me about the settlement offer and then spoke to a Miss Lewis later on who arranged to have it faxed to me and said she would act on the faxed copy rather than waiting for me to get the original, sign it and send it back. I faxed it back on Tuesday morning and rang her to make sure she'd got it. She said it would take approx 7-10 working days in total including the time it would take them to fax it back to LTSB to action the refund. I called SCM again this morning to find out if it had been faxed back to LTSB yet and it was apparently sent yesterday so should be with them by now. Whoever I spoke to this morning said it would now take 7-10 working days for LTSB to do the refund - I feel like banging my head off a brick wall!

 

Did yours take three days from sending the letter back to SCM or from them sending it to LTSB?

 

Sorry for all the questions, I am so impatient, I have Christmas shopping to do, :razz:

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Just an update, I've just rang the Customer Service Recovery centre (got number from Scissorheart's thread) and spoke to a very nice man who said it hasn't appeared on their system yet as having been received from SCM but they have got a backlog so it's probably sitting waiting to go on the system. He did say though that once they've got it the money should be in in approx 2 days so to try my bank Monday or Tuesday. If it's not in then I have to call them back and they'll find out exactly what's going on. He also took my number and said he would pass it on to whoever it is that's sorting all the letters out and ask them to keep an eye out for it and call me when they receive it. We'll wait and see...

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HI Katel

I was told by SCM that my cheque had been posted on Mon 27th but I didn't get it til today.

I was unfortunate to speak to the twerp Blackman yesterday as I was concerned that cheque may have got lost in post. He was the most rude and obnoxious man I have ever spoken to!!!!!

But I have the cheque in the bank now so feel better.

They dont seem to rush with the payouts but if it's going into your bank account it is generally quicker

 

Well done and enjoy it.

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Title says it all really, looks like ringing the Customer Service Centre has prodded them along! Just checked my account and it's in!!!!!!!!!!!!

 

YIPPEE, Merry Christmas EVERYONE! :D :D :D :D :D

 

Would one of the mods be kind enough to merge this with my other threads and move it to the succeses forum.

 

Also can someone tell me how to donate as I don't have a Paypal account.

 

THANK YOU EVERYONE AND MAY YOU ALL BE AS SUCCESSFUL, I COULD'NT HAVE DONE IT WITHOUT YOU:D

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Excellent news! Well done!! I will merge your posts for you! Can you pm me as I can give you an alternative way to donate if you wish! Could you also kindly complete the survey if you havent done so already?

 

Well done again :)

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KATE...brill honey, I'm made up for you..have a good crimbo love and treat yourself.....

 

Freebird xx

1/6/06 request charges

16/6/06 received charges

18/6/06 first request for refund

3/7/06 "No" letter from bank

13/7/06 LBA

7/08/06 handed claim to court

10/8/06 court stamped as date of issue

24/8/06 deemed to be served

25/8/06 Sechiari filed acknowledgement of service

6/9/06 defence served

9/9/06 copy of defence and AQ received by me

25/9/06 deadline for AQ submission

25/9/06 call Sechiari confirm safe receipt of my AQ

26/9/06 received copy AQ from Sechiari

29/9/06 letter to SCM to say "you want 1 month to settle, so settle"

18/10/06 after "strained communications"and how !

verbal offer of full settlement with conditions

communications rejecting conditions from me

5/11/06 received letter offering settlement with conditions

7/11/06 sent fax rejecting conditions etc

14/11/06 unconditional settlement in bank and how !;)

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