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      If you are buying a used car – you need to read this survival guide.
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      ATJ posted a topic in Vehicle retailers and manufacturers,

      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.

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      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

caro v YB - defence & counterclaim ***WON***

caro
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caro

caro

Posted
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Caro,

 

Just a thought - did YB ever pay the counter-claim fee?

They did at the last minute.

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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maroonfox5

maroonfox5

Posted
Posted

How did they do it and at what point in the proceedings?

Halifax Bank plc £1573 settled 19/6/ 06 :D

 

Abbey National PLC

Settled in full £1,754 15/9/06 :grin:

 

Halifax Credit Card £441.63 settled in full 27/10/06 :-)

 

 

Mortgage Express ERP

Pre letter 10/7/06

LBA 27/7/06

MCOL issued 6/9/06

Court Date Feb 06

Lost in court costs awarded £7,500PAYPAL [email protected]

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caro

caro

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They paid the local court just before the AQ was due to be submitted, so very late.

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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maroonfox5

maroonfox5

Posted
Posted

Yes......

Typical very 'a la ' YB

Halifax Bank plc £1573 settled 19/6/ 06 :D

 

Abbey National PLC

Settled in full £1,754 15/9/06 :grin:

 

Halifax Credit Card £441.63 settled in full 27/10/06 :-)

 

 

Mortgage Express ERP

Pre letter 10/7/06

LBA 27/7/06

MCOL issued 6/9/06

Court Date Feb 06

Lost in court costs awarded £7,500PAYPAL [email protected]

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  • 1 month later...
caro

caro

Posted
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Now thereby hangs a tale.

 

They got a 30 day stay to settle dated 15th September although I didn't agree to it. I didn't object though as the order also asked YB for comments on my AQ to be with the court by 15th October. I assume it was the comments regarding my request for standard disclosure. They didn't respond.

 

A week before the stay ended I had heard nothing, so BankFodder kindly helped me put together a letter, in which I went through every point of their defence, and then offered to amend my claim to reflect the actual costs, although they would need to disclose how they were calculated.

 

When they got this they skilfully ignored it and responded to a letter I sent a month earlier. It was to reject their offer (without interest) and ask for a breakdown of the charges as their figures disagreed with mine. They responded with the usual guff about costs and the courts won't allow interest and that they included their schedule of charges. Trouble is they missed it out of the envelope.

 

I faxed a second letter asking for the schedule and heard nothing.

 

The court order gave 3 options for action depending on the outcome of the stay, so I submitted a second AQ on 27th October which was the date the court wanted it by which was what was required if the matter wasn't settled.

 

Saturday 12th November they sent me a 3rd offer of settlement, along with their schedule of charges which I asked for in August. They had taken off every bit of interest on the charges, and another couple of minor differences. The offer was charges according to their schedule, all court costs and no interest. I have yet to respond but I won't be accepting,

 

As of Tuesday 14th November, the court have not heard from YB since the stay was issued.

 

That's all I'm saying for now, but it isn't over yet.

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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moss

moss

Posted
Posted

Caro you must be close to a full pay out of this lot !! if they are messing the court about as well as yourself how can they now do any other. All the peeps on here will be cheering when you get paid out, you put so much time in helping others.:) :) :)

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caro

caro

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Thanks for the support folks. I am currently considering my options.;)

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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caro

caro

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As I told YB in my letter suggesting that I would pay their actual costs as a result of my carelessness in letting them take my money, I wouldn't presume to guess what the judge might say.;)

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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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Dread

Dread

Posted
Posted

Caro, now that the court decision is in, following the FOS statements on the banks delaying tactics being unacceptable it might be an appropriate time to remind YB that your next step is to refer the matter to the FOS, the more of us that start down this route the better as the FOS will have to be seen to be carrying through their threat to compell the banks to repay without delaying tactics.As I understand it the FOS wont deal with any complaint whilst there is a court decision pending however yours has been decided and they are still stalling, rub their and the FOS's noses in it and compell them both to get their fingers out.

Been screwed by banks all my life, it's payback time!!!!

 

OK as I seem to be handing out advice here I guess I had better add a disclaimer to my signature, Caro, hope you don't mind but I nicked yours.

 

Advice & opinions given by Dread 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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caro

caro

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Regrettably the court decision is far from in. I can make a guess at what will happen when the Judge finally looks at my case again, but due to the backlog in my local court that will be at least another 2 weeks. I prefer not to go into that at the moment.

 

The FOS have done little to progress matters to date, but you are right that we should put pressure on them. I think I will put in a complaint about YB's approach when the case is finished, and also a more general one that can be done at any time as BankFodder suggests in the link below.

 

 

http://www.consumeractiongroup.co.uk/forum/campaign/43287-financial-ombudsman-recommendation.html

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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caro

caro

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Sod it, that happened twice then. I checked it once and it didn't work but was in a hurry so hoped for the best. It's in the Campaign forum for those who want to take a look and complain (about the FOS I mean not the link).

 

By the way Jules I have the power to get those pips removed so just watch yourself matey.: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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  • 3 weeks later...
caro

caro

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Progress of sorts it seems. I have just phoned the court and apparently the judge has said list it for a 2 hour small claim slot, but the letter hasn't been done yet and there isn't a date yet. I was asked if there were any dates in the next 6 months (:eek:) that I couldn't make, which as far as I know there aren't. When I asked if it was likely to be that long, she said they are currently listing for February or March, so it was likely to be one of those months, although she couldn't be sure.

 

I'm meeting with my local MP on Friday about the whole issue of bank charges and planned on mentioning the banks abuse of the court system, so shall definitely mention the delays in the court in his own constituency.

 

For anyone interested my local MP is James Plaskitt who was on the Treasury Select Committee. In the forum library Helpful External Links, there is a link to minutes of questions to various senior ranking bank executives that he was involved in. I emailed him and he wrote back and said he was very interested in the issue of bank charges, so I have a meeting with him at his constituency surgery which I am preparing for to try and cover as much as possible. He is a very active MP so I am hoping for a positive response, although we all know nothing will happen overnight. Still if we can get the ear of the right people it's a start.

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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janzer

janzer

Posted
Posted

very best of luck with everying Caro - would you have an e mail address for legal services in Glasgow (St. Vincents place) been trying to phone to find out what's happening with my claim but just get voice mails - left messages but no one gets back - submitted letter of acceptance and not. of disc. on 30 November

 

Thanks

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caro

caro

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Not on me I'm afraid. I'm not sure if there is one on the defence that I received at home. I've done everything in writing, but I have noticed that they don't seem to rush to pay out. Have you tried faxing? I will see if I can find anything later.

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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caro

caro

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Well it's happened. Nearly 6 months after putting in my court claim I finally have a date for the hearing. A 2 hour slot to consider my small claim and YB's counter claim at 2.00 pm on 12th February 2007. A number of cases will be considered at the same time.

 

I know it's not money yet, but to me this is an early Christmas present.

 

I have also met my MP today and had quite a positive response. I'll post on that later in a new thread in the Campaign forum and put a link in my sig for those interested in how it went.

 

I'm shattered now and have to pick up my son from the train station as he's home from uni today, so the rest of my evening is for the family, and possibly a good part of the weekend too, so will sign off for now.

 

Quite a day for me.

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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Robertxc

Robertxc

Posted
Posted
Well it's happened. Nearly 6 months after putting in my court claim I finally have a date for the hearing. A 2 hour slot to consider my small claim and YB's counter claim at 2.00 pm on 12th February 2007. A number of cases will be considered at the same time.

 

I know it's not money yet, but to me this is an early Christmas present.

 

I have also met my MP today and had quite a positive response. I'll post on that later in a new thread in the Campaign forum and put a link in my sig for those interested in how it went.

 

I'm shattered now and have to pick up my son from the train station as he's home from uni today, so the rest of my evening is for the family, and possibly a good part of the weekend too, so will sign off for now.

 

Quite a day for me.

About bloomin' time too!

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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hoogie32

hoogie32

Posted
Posted
Everything always happens at once, have a great weekend Caro & congratulations, I'm having a glass of white for you now:) . Now we can truely say 'not long now'. I look forward to reading about your meeting,

 

Thai

 

Caro - I echo Thai's comments - Have a great weekend.

 

I raise my Grolsch lager to you

Yorkshire Bank Plc £3553.77 Prelim letter sent 14/9/06 LBA sent 22/9/06, MCOL Sent 10/10/06 MCOL Notice of Issue Rcvd 12/10/06, MCOL Acknowledged 17/10/06, £929.00 Offer Rcvd, 03/11/06 - Rejected, 09/11/06 YB Defended, 10/11/06 Transferred to Local Court, AQ Returned;) 30/11/06 Copy of Banks AQ Received, 1 month extra asked for by Clydesdale, 09/01/07 £2140.00 Offer Rcvd, 09/01/07 - Rejected, 11/11/07 Allocation To Small Claims Track, Court Date Set - 05/03/07, 15/01/07 £2590.00 Offer Rcvd, 15/11/07 - Rejected, 07/02/07 £3773.77 Offer Rcvd (FULL), 12/02/07 - Accepted, 21/02/07 - Chq Received for FULL AMOUNT. :)

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