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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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Banking with smile


annadibath
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Hello, everyone - New here and soooo glad I found you, thanks to the Motley Fool site.

 

I bank with smile and I have had the same problems with exceeding the agreed OD and being charged ridiculous penalties. So far I've always been able to get the money back by calling and telling them that I did not accept their charges because no attempt was ever made to notify me of the fact that my account was OD. Given that we also run a savings account and two ISAs with them, it would have been easy to switch funds, had I been informed. If they charge £5 a day for "admin. charges" why can't they send an automated warning e-mail as soon as you overstep the limit? Or do they seriously expect people to log in every day?! I chose smile because I wanted flexibility!!!

 

Anna

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Hello, everyone - New here and soooo glad I found you, thanks to the Motley Fool site.

 

I bank with smile and I have had the same problems with exceeding the agreed OD and being charged ridiculous penalties. So far I've always been able to get the money back by calling and telling them that I did not accept their charges because no attempt was ever made to notify me of the fact that my account was OD. Given that we also run a savings account and two ISAs with them, it would have been easy to switch funds, had I been informed. If they charge £5 a day for "admin. charges" why can't they send an automated warning e-mail as soon as you overstep the limit? Or do they seriously expect people to log in every day?! I chose smile because I wanted flexibility!!!

 

Anna

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Hi annadibath,

 

Understand your issues. Smile recently stopped all our DD's and Standing Orders as they were of the belief that 'we were not running our account correctly', as we kept going slightly over the OD limit. Due to this the charges rack up.

 

This includes when retailers take a debit card payment then only debit the account 7-10 days later. I stated to Smile that the money was in the account when the transaction took place but they have stated that the retailer has up to 6 months to claim the cash (similar to a cheque it seems) so if you do not have the balance to cover this then that's not our problem and 'if you continue to run your account this way we may have to recall your cards and we do not want that to happen'!!!. They then told me not to rely on the balance stated at the cash point but to log on every day and possibly to call them also to determine the value of transactions yet to be processed!! Phone bills would run into hundreds as the last 2 times I have called I have waited 25 mins and 15 mins.

 

This is an internet bank for crying out loud. Surely their systems for processing payments and dealing with customers can work faster than in the middle ages.

 

Send them the letter in the library. I have and await their reply though have been away on a break for the last 7 days so unsure if they have replied yet. Hoping to recover over £3,500 from last 5-6 years. Will keep all informed.

 

Sunseeker.

Smile: £2,522 full payment received,

Citi Cards: £693.71 balance written off. Full value of Court claim,

West Brom Building Society: DPA request sent 15.05.06,

Capital 1: £220 claimed LBA sent 15.05.06.

Barclaycard: DPA request sent 16.05.06

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Hi annadibath,

 

Understand your issues. Smile recently stopped all our DD's and Standing Orders as they were of the belief that 'we were not running our account correctly', as we kept going slightly over the OD limit. Due to this the charges rack up.

 

This includes when retailers take a debit card payment then only debit the account 7-10 days later. I stated to Smile that the money was in the account when the transaction took place but they have stated that the retailer has up to 6 months to claim the cash (similar to a cheque it seems) so if you do not have the balance to cover this then that's not our problem and 'if you continue to run your account this way we may have to recall your cards and we do not want that to happen'!!!. They then told me not to rely on the balance stated at the cash point but to log on every day and possibly to call them also to determine the value of transactions yet to be processed!! Phone bills would run into hundreds as the last 2 times I have called I have waited 25 mins and 15 mins.

 

This is an internet bank for crying out loud. Surely their systems for processing payments and dealing with customers can work faster than in the middle ages.

 

Send them the letter in the library. I have and await their reply though have been away on a break for the last 7 days so unsure if they have replied yet. Hoping to recover over £3,500 from last 5-6 years. Will keep all informed.

 

Sunseeker.

Smile: £2,522 full payment received,

Citi Cards: £693.71 balance written off. Full value of Court claim,

West Brom Building Society: DPA request sent 15.05.06,

Capital 1: £220 claimed LBA sent 15.05.06.

Barclaycard: DPA request sent 16.05.06

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Note that the library letters have been changed.

 

DPA request and letter before action are now separate.

If you know what you are claiming then letter before action.

If you don't then DPA first.

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Note that the library letters have been changed.

 

DPA request and letter before action are now separate.

If you know what you are claiming then letter before action.

If you don't then DPA first.

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Hello, everyone - New here and soooo glad I found you, thanks to the Motley Fool site.

Sorry, can you give me a link to where you heard about us?

 

Sure, Dave. Here it is:

 

COMMENT

Lenders Face Challenge Over Penalty Fees

By Jane Mack (TMFJane)

February 20, 2006

 

http://www.fool.co.uk/news/comment/2006/c060220f.htm?source=ioodftxt0010007

 

The BAG is mentioned and finding you with Google was a doddle!

 

Great site too, the Fool!

 

Anna

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Hello, everyone - New here and soooo glad I found you, thanks to the Motley Fool site.

Sorry, can you give me a link to where you heard about us?

 

Sure, Dave. Here it is:

 

COMMENT

Lenders Face Challenge Over Penalty Fees

By Jane Mack (TMFJane)

February 20, 2006

 

http://www.fool.co.uk/news/comment/2006/c060220f.htm?source=ioodftxt0010007

 

The BAG is mentioned and finding you with Google was a doddle!

 

Great site too, the Fool!

 

Anna

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  • 13 years later...

This topic was closed on 03/05/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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Thread Locked

because no one has posted on it for the last 1882 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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