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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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fluke v Abbey


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Hi after a while of reading with interest the threads on here I've finally decided to take the plunge, before I do I hope someone can answer a small question for me. I have 2 accounts with Abbey one a joint account and one in my own name, question is do I have to send £20 for my statements or does the normal £10 cover both?

 

Many thanks in advance.

 

fluke

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  • 2 weeks later...

In view of Abbey's reluctance to send more than 12 months of statements I have a question,

 

I shut my own account with them in May of 05 therefore have had no statements since then.

 

My Joint account with them although open, (until early this month) has been inactive for the past couple of years.

 

I expect them to send me 12 months of nothingness!!!

 

Has anybody else experienced the same thing?:confused:

 

Thanks in advance,

 

Fluke

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Well, strange responce from Abbey today, no letter acknowledging my S.A.R just 2 statements covering the last 3 months for my joint account!! with "here is the duplicate statements you requested" written in the right hand column!!

 

So I rang and got "only statements from the last 12 months are available in paper form, the rest are held on microfishe!! It can take up to 6 weeks for you to receive the last 12 months statements, and you will get you SAR responded to within 40 days". They have 25 days left!

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  • 2 weeks later...

Well at last had response from the now famous Pam Speed (28 days since sending SAR), the normal thankyou, will send duplicate statements for the last 14 months within 7 days, the normal microfiche archive statement but some thing I have not sent on here:

 

"Any previous transactions have been archived onto microfiche and it is not possible to provide you with a computer printout of this information. However, we have made arrangements to send you a list of archived transactions between 2001 and 2005, under seperate cover."

 

Has anybody else had this responce? If so how long did you wait for your transaction list.

 

All the best

 

Fluke

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Hi Fluke

 

Yes many people have had this response to SAR requests, I think they are getting better, but I waited 7 months.

 

Regards bish.

Abbey : £8070.41*PAID IN FULL*14/02/07:D

Capital one : LBA sent 17/09/06 £1,087.22

Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted:D

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Hi bish, many thanks for your response, however had phone call from Mrs F today saying large envelope had arrived containing transactions back to Nov 00!!! :eek: (for just our joint account, hope info on my single account arrives soon). Will give me something to do at the weekend when I get back up north, home.

 

Out of curiosity should I treat each account as seperate claims or put them both together?

 

many thanks

 

F

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Hi Fluke

 

I would see what the charges amount to first and then decide, although in my own experience and the many other claims that have gone through so far, I would be tempted to go for the bigger one first, and the smaller second. Until you know the amounts hard to say. Get back to me when you have an idea on the amounts.

 

Regards bish.

Abbey : £8070.41*PAID IN FULL*14/02/07:D

Capital one : LBA sent 17/09/06 £1,087.22

Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted:D

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Hi, have now received all my past transactions, (shok horror just before the 40 days were up), I have noticed a number of charges for £10 called "cleared transaction".

 

The question is, in addition to the £30 charge for unpaid DD and the unauthorised overdraft charge can I claim this cleared transaction charge back aswell?

 

Many thanks in advance

 

Fluke

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Hi Fluke,

 

There were only a couple of these £10 charges on my statements but I have included them in my claim. It's still a charge that they've made for clearing the item - perhaps on items they were unable to "bounce"!?

 

Villafan :o ;)

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Hi, have now received all my past transactions, (shok horror just before the 40 days were up), I have noticed a number of charges for £10 called "cleared transaction".

 

The question is, in addition to the £30 charge for unpaid DD and the unauthorised overdraft charge can I claim this cleared transaction charge back aswell?

 

Many thanks in advance

 

Fluke

 

 

Yes you can. its amazing to think that back in the day when they put more effort into things they charged less and now days when most things are done by automated systems, they think (but they can't) that they can justify charging £20 or £30 pounds.

 

Well done you for getting all your info. i only had to wait 5months!

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many thanks, transaction info was for 2 accounts aswell, couldn't believe it when they both came through, especially with the length of time most people have waited!

 

Going to start to add up, at first glance it doesn't appear to be that many charges, however I expect the calulator will tell a different story.

 

Will no doubt be back later.

 

F

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Well blow me down!!

 

Have just imput the data from the transactions listed into the simple spread sheet £1500.00 from Oct 00 - Mar 03. (Without interest at 8%) (our luck changed and managed to turn negative finance into positive). I will have to re read the interest info and some of the successful claim posts to confirm what I actually need to submit in the initial repayment request, cannot remember of the top of my head.

 

As you will see the start was Oct 00 with that been just over 6 years ago should I adjust the claim to Feb 01 or stick with Oct 00? Have seen that a few people have been successful in claiming back beyond 6 years what would you recommend.

 

F

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Hi there, Yes, I had my full list of transactions arrive in the post this morning. They are basically one very long print out, which is like a statement but just shows line after line after line of transactions. To be honest, its a little easier to follow than statements. It took 24 days from me sending the letter to them to my receiving this list of archived transactions, and it serves the job nicely in order to start the process of claiming back charges.

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