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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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 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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Received Offer For Full Amount BUT Need Some Help Please!


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Hello all am needing some more advice if you can help.I filed at court on the 19th December after refusing an offer of £1000 they owe us £2418.00!Did everything correctley accepted as part payment heard nothing!So filed at court knowing I would have to start getting my court bundle ready when I get a letter offering us the whole amount of £2418.00 the offer was dated the 28th December but only arrived 2 days ago!Now I've filed at court so phoned them yesterday for the 5th time to get the date of service and it's not till the 11th January!With court fee and interest it takes the owed amount upto just under £3000!Would appreciate any advice.Thanks all.

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When did you actually file your claim? You mentioned 19th December, but that the date of service is 11th January, this makes no sense.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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Hi I filed my claim on the 19th December and was told by the clerk to phone the following week on the 28th December to get the claim number and date of service.I did phone but the information wasn't available with Christmas etc so made several calls when yesterday I was given the claim number and was told the date of service would be 11th January!With Christmas and NewYear they were behind with getting everything on their computer system.In the mean time received the offer from Halifax.

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When you filed your claim, did you get your copy of the N1 stamped with the date when you were there?

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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No.Gave my 3 copies and £120.00 and was given a written receipt for the £120.00 and was told to phone the co 2 clerk the following week to get the claim number and date of sevice but as I said only got that info. 2 days ago.

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It does not help now but for future reference, make sure you get your copy of the N1 date stamped and take it away with you. Why let them have three copies when all they do with the third one is send it back to you anyway?

 

I would now write to Halifax, thanking them for their offer but informing them that had you not been forced to litigate then the court fees of £120 and statutory interest at 8% would not have been payable and had they paid sooner they could have avoided these costs and that you now require these additional amounts.

 

You might also add that Walter Merricks, Chief Ombudsman has stated publicly that the banks should stop offering partial refunds and either settle in full without delay or prove that these charges are lawful.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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Thanks Hagenuk.Was a little worried so have just phoned the court and spoke to the co 2 clerk again.In my case it was just unfortunate that I took my claim in just before Christmas.Anyway he has explained to me again their process and I am ok now.The worry has slowly evaporated.At the end of the day Halifax were given 14 days to refund my money or be taken to court they actually took over a month to write back to me offering me the full amount but unfortunately for them I lodged my claim at the court in between.So now on top of what they owe I am entitled to my court fee of £120.00 plus my 8% interest which is £327.55.And if it goes upto the date of judgment the daily rate of interest at 0.53p.I could just accept the offer but £447.55 in court fee and interest is now also owed and I think I would be a fool to let almost five hundred pound go.Will now write to Halifax as you've said and hopefully get this sorted.I should feel elated as they have offered what they owe but will put my happiness on hold till I get the money into our account!Thanks so much for your help.

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