Jump to content


  • Tweets

  • Posts

  • Our picks

    • 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
        • Like

Bev & Tony stuck big time!! ** WON **


fire fox
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6233 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

Recommended Posts

  • 1 month later...
  • Replies 138
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi all its me again.:)

Is it possible I can get back a small amount of charges added to my account since my settlement? In between the cheque cleaing and me paying off my overdraft they have hit me for 2x £38 and 1 x £28.

Link to post
Share on other sites

Well you lose nothing by asking. Either they will or you start the ball rolling again just as long as you didn't sign anything saying you will never darken their doors again with your unfair demands of wanting your money back, Sally

 

 

Link to post
Share on other sites

The letter I had from them said if I didnt behave in future then I must pay their properly accrued charges as set out in the T's & C's or they would give me a simple account!!!! However, all I keep the account open for is to repay a small loan with them so they can give me their simplest account if they want:rolleyes:

Alan, I notice you have a thread on HFC, any chance you can take a quick look at my last post on there in case you can help me there too?

Thanks both

Link to post
Share on other sites

Well you lose nothing by asking. Either they will or you start the ball rolling again just as long as you didn't sign anything saying you will never darken their doors again with your unfair demands of wanting your money back, Sally

 

This is an interesting point, and one that was discussed some time ago. I am still of the opinion that such a "contract" would not be lawful anyway, as it would effectively remove your legal right to challenge an unlawful action.

 

 

 

 

 

 

Link to post
Share on other sites

I would send a letter listing the new charges, and basically saying that you are disappointed to see that they have added these further amounts to your account - despite being fully aware that these charges are unlawful, and having already settled your previous claim rather than have to justify their charging regime in court.

 

I would suggest that it would be in their best interest to reverse these charges immediately, otherwise it will leave you with no alternative but to take further action, which will again result in them having to pay costs on top.

 

You could also add that any attempt by them to downgrade your account will be brought to the attention of the Financial Ombudsman.

 

You are still obliged under the CPR to give them 28 days - so this will need to be a 14 days notice, and you will need to follow that with another final 14 days LBA.

 

 

 

 

 

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...