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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 
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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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    • 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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Yorkshire Bank credit card


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I have recently received a cheque from YBCC services for half the amount I am reclaiming. Do I pursue this and reclaim the remainder with them through moneyclaim?

 

Please advise or if anyone has been in a similar situation I would be happy to hear from you

thanks:confused:

:cool: 20/07/06 - DPL sent

11/08/06 - Chased and faxed DPL letter to Halifax

1 week later received full set of statements (4 yrs)

:o 19/08/06 - Request for £2908.31 letter sent inc interest

:-| 22/08/06 - Standard resp rec'd

:oops: 5/09/06 - Offer of £236 rec'd (are they avin a laff?)

5/08/06 - Sent LBA

8/09/06 sent letter, will accept as part settlement from Halifax not full etc.

12/09/06 - Rec'd offer of £657 (6 mnths charges as full settlement)

15/09/06 - sent letter will accept as part payment on understanding I will recover the remainder etc...

:confused: 19/09/06 - Rec'd another offer of £717? No Deal!

25/09/06 - submitted moneyclaim for full amount + court costs

:D 29/09/06 - Halifax settled in full, £3,028.31

23/10/06 - Halifax credit card settled in full

20/1106 - MBNA stettled in full

23/1106 - Halifax cardcash settled in full

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Hi Bran.

 

Why settle for half a loaf when you can have the whole loaf plus the butter and jam.

 

Send a rejection of offer letter from the templates library.

 

Click on this link for letter......

 

Go for gold.:D

 

Good luck.

Regards, Rooster.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

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  • 3 weeks later...

Hi there,

 

Thanks for your response, sorry for the delay in responding it was very encouraging, Yorkshire Bank only replied to my rejection letter on 15th Jan?? I accepted the cheque sent only as part payment on the basis they pay back in full etc etc...... Their response:

 

Thank you for your advising that you have accepted the chq tendered by the bank as "payment to account" only and not as full and final settlement as indicated in the accompanying letter.

 

I would advise that the Bank's position remains unchanged from that which was stated in our final response dated 15 Dec. I would therefore reiterate that encashment of the chq, which was tendered in full and final settlement of your claim against the Bank, will be taken as your acceptance of this.

 

yrs sinc

Neil McKirdy

Cust Rel Mgr

 

Two things, the last paragraph worries me?? Would I still be ok claiming this back legally? And secondly their letter comes from Glasgow (being part of Clydesdale Bank) and I cannot claim on line to Scotland only England and Wales? I've never claimed any other way....They have only paid me half of what they owe plus they have paid me know interest..

 

Your thoughts would be appreciated!

 

Carol

:cool: 20/07/06 - DPL sent

11/08/06 - Chased and faxed DPL letter to Halifax

1 week later received full set of statements (4 yrs)

:o 19/08/06 - Request for £2908.31 letter sent inc interest

:-| 22/08/06 - Standard resp rec'd

:oops: 5/09/06 - Offer of £236 rec'd (are they avin a laff?)

5/08/06 - Sent LBA

8/09/06 sent letter, will accept as part settlement from Halifax not full etc.

12/09/06 - Rec'd offer of £657 (6 mnths charges as full settlement)

15/09/06 - sent letter will accept as part payment on understanding I will recover the remainder etc...

:confused: 19/09/06 - Rec'd another offer of £717? No Deal!

25/09/06 - submitted moneyclaim for full amount + court costs

:D 29/09/06 - Halifax settled in full, £3,028.31

23/10/06 - Halifax credit card settled in full

20/1106 - MBNA stettled in full

23/1106 - Halifax cardcash settled in full

Link to post
Share on other sites

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