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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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Marbles phobb off!


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Hi,

Can anyone help? :confused:

 

Last December I sent off a letter to Marbles asking for compensation back of my fines and interest and even over the christmas period they still managed to reply very quickly with a phobb off similar to this (see below). What do I do next, I would like to strike whilst the iron is hot and I have heard about LBA, what is it and how can I get my money back?

 

Cheers

 

Nick

 

 

xxxxxxxx

xxxxxxxx

xxxxx

xxxxxx

xxxx

 

Your complaint has been investigated by: James Ball

Executive Complaints Telephone: 0121214 5841 Mon- Fri 8:00am-5:00pm

 

 

 

28th December 2006

Dear Mr xxxxxxxx

Re: Account xxxxxxxxxxxx

Thank you for your letter dated 19th December 2006. I have now fully investigated the matters raised.

Default charges are charges payable if customers do not make the required minimum payment by the payment due date, if they exceed their credit limit, or if a payment to their credit card account is returned unpaid. The amount of these charges, and the circumstances in which they are applied, is set out clearly in HFC Bank's credit card agreements. We believe that HFC Bank's charges to customers are fair and reasonable.

The OFT has recently published the findings from its enquiry into default charges on credit cards. HFC Bank has carefully considered the OFT's publication and does not accept its findings. However, the OFT's investigation has led to a change in market practices and HPC Bank has therefore decided, for commercial reasons and in the interests of customers, to reduce its credit card default charges for the future. These changes do not affect charges that have already been applied. Accordingly, I regret that we are not prepared to make any refund of default charges or provide any compensation payments. I hope I have been able to clarify HFC Bank's position on credit card charges.

Thank you for taking the time to contact me to bring this matter to my attention, I am only sorry it was necessary for you to do so. I hope that matters have now been resolved to your satisfaction. However, should you require any further assistance, please do not hesitate to contact me on 0121 214 5841 or write to me at the above address.

Yours sincerely

 

xxxxxx xxxxxx

Customer Relations Manager

Executive Complaints

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The next stage now Nick. You will have to go to MCOL ( Moneyclaim ) as you have already sent the LBA. I will get your thread moved to the appropiate forum for you.

 

Uk.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Nick,

 

Send them another letter stating that you will definately take them to court if they do not give your money back within 14days. I presume you did as i did and hadn't sent the preliminary letter. I recieved a reply within about 5 days with an offer for settlement, around half what they owe, I will of course accept this as half payment and persue them for the rest.

 

Bryan

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Bryan,

 

Yep, did not send the preliminary and they sent a reply straight away saying no. So you just sent the same letter again but empathising the fact you will go to court? Sounds easy enough.

 

Glad you at least recieved some, good luck for the rest!

 

Nick

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Marbles seem to have a 3 stage response. 1st letter offer = 0, 2nd letter offer = half, 3rd letter offer = full amount.

 

I did this and got 100% which INCLUDED contractual interest (added about £200 to my claim!)

___

MBNA VISA - PL sent 23/10

MBNA MCard - PL sent 23/10

FD - PL sent 23/10, offered approx 75% 27/10

Marbles - PL sent 23/10, rejected letter received 27/10

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They may have changed there practise slightly, I got a 50% offer after my initial letter, obviously I accepted as partial payment and posted my LBA. They have to the 25.01.07

 

Good luck

HSBC recovered bank charges in full plus contractual interest

IF.com recovered bank charges in full plus contractual interest

Marbles recovered credit card charges in full plus contractual interest

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  • 2 weeks later...
  • 3 months later...

hi ive been reading ur thread and as i ahve a claim with marbles going .. i sent the prelim letter to them with charges owed to me and they sent the exact same letter to me saying no arrrh ..what letter do i send now then lba

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IVE JUST done a lba to marbles adjusted it a bit and want to know if its ok anyone ----

LETTER BEFORE ACTION

Dear Mrs McKenzie

Re. Account number: xxxxxxxxxxxxxxxxxxxxxxx

Thank for you for letter dated 24 May 2007.

I am very disappointed that you have failed to respond to my letter in a satisfactory manner. Iam now writing to inform you that I intend to claim the full amount together with interest though the small claims court system.

This is based on the Unfair Terms in Consumer Contracts Regulations, as I believe these default charges are unfair and not proportionate to your costs, and therefore the courts will rule in my favour. I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I calculate that you have taken £220.00 from me in default fees .

I am enclosing a copy of the schedule of the charges which I am claiming. (This was sent to you in my original letter on the [23 May 2007 ]

As you have responded to my first letter promptly I hereby give you 14 days to refund the charges back on to my account. For the avoidance of doubt, if this is not done within 14 days, I will commence my claim in the courts without further warning. This action will inevitably involve you in additional costs.

I trust this clarifies my situation

Yours Sincerely

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I sent my list of charges and they sent me a letter with exact same wording as above so now going to send my LBA - I am not sure though if somebody has had a success with adding contractual interest maybe I might give it a go? Has anybody had any experience in this and what rate did you use?

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Hi, I managed both fines and interest! You have to work and they seem to respond with 0 refund, then half then full so keep trying! I used the calculation sheets that are in the library and used my interest rate.

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I am not entirley sure of what my interest rate should be - as I opened the account back in 1999 I dont think they will be able to provide me the original agreement - so how would I be able to find this out! I wish now I did not throw away my papers - I am really learning my lesson!!

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I have just had an offer but it wasnt 50% it was a 1/3 - however it was 50% of my prelim.

 

The thing is that in the prelim I did not add the contractual interest but then as people had had success' with this I then in my LBA after they came back to me and offered me nothing I added the contractual interest.

 

Do you think that I ought to carry on and say that I wont accept their offer and continue to strive for the contractual interest and see what they come back with?

 

If they come back and offer me the full amount of my prelim do you think that I ought to settle for this or should I still push for the interest?

 

Any advise would be apreciated. - I know that I have confused matters for myself and they have picked up on this - but if this has happened to anybody else then I would appreciate feedback.:)

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yes press on the third letter u will get will be full offer of ur prem letter not sure about interest though as i didnt claim that ...i would ring them and say not accepting but prepared to settle out of court ..

 

;) talk to james bell hes a really guy and will sort it out for all

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they offered me 50% of charges only and now 100% of charges only but say they have a company policy of no interest to be paid.

 

I've talked to James Ball but he said he would need to refer to a senior manager to authorise full amount inc interest, then sent me a letter offering 100% charges only.

 

So, ombudsman or LBA?

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Exactly in same position as Tifo.

 

offered 100% charges but no interest said against comapny policy - should I press on? Tifo have you had anything else back

 

the interest is about £250 so I dont really want to loose it but not sure if I want to go to court over £200 either!!

 

Any help anybody?

 

kiri260180

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For Marbles and virtually all credit card and bank addresses - not PO Boxes - go to:

www.esd.informationcommissioner.gov.uk/esd/DoSearch.asp

 

also addresses at:

 

Debt Questions. Information regarding debt issues

 

Hope this helps someone on here !

If it does - click my scales !

Cheers :)

(NO GAPS IN THE INFORMATIONCOMMISIONER LINK - IT WAS A TYPO ! )

Cash-Back

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