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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.

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      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.
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      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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FARM Business Account V Northern Bank


Clare11
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Hi Nervous.......

"All is quiet on the Northern front"...smiles

Havent heard anything yet. I just keep checking my claim online and I see there have been no developments. But they have until 8th March to respond.

IF a cheque from the Northern Bank had arrived in the post today I would have forgiven hubby for not sending me a valentines card.....smiles..

But he says every day with him is "valentines day"....Cheap skate..smiles

Hubby is in the "dog house" tonight....smiles.....

Kind regards

Clare

Hi Clare11, received receipt of letter from small claims court on Sat. The Northern has until the 16th March to respond.They will, if LTWFB's thread has anything to go by, but hey, I'm ready, are you? We will keep each other strong!!!

nervous.:)

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Hi Nervous....

Its just a waiting game.......

But.....I was wondering......how near to the Return Date has the Northern Bank left it before they responded to any claims against them?

Have they ever settled before the time?

Have they got as far as the doors of the small claims court.?

Have they lost due by default to non response to the Return Date?

 

I was just wondering what is their normal "play"......smiles

 

Kind regards

Clare

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Hi Nervous....

Its just a waiting game.......

But.....I was wondering......how near to the Return Date has the Northern Bank left it before they responded to any claims against them?

Have they ever settled before the time?

Have they got as far as the doors of the small claims court.?

Have they lost due by default to non response to the Return Date?

 

I was just wondering what is their normal "play"......smiles

 

Kind regards

Clare

Hi Clare,

apparantely according to LTWFB, he received a court date, because the northern did defend. But they settled out of court and twice. That means that they obviously are still testing whether or not we have the strength to continue to the end, which we do have!!! It also means that as he received a hearing in Oct. it was only a matter of weeks before they settled with the second claim. They knew he wasn't bluffing this time round and that is the same scenario with me. I have copied all my bundles onto my pen drive and I will send them off with all my statements (again) and yes, I am now ready to go to court. I am tired, really tired of this pathetic playing. They pay the solicitors to do the work, but you know something, WE are paying for it, because once again, they'll incorporate it somewhere as another hidden charge, and once again, we won't even question it. So , realistically, the banks don't lose anything at all, it's us, we lose our sanity, we get stressed and then WE WIN!!!:D :D :D

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Hi everyone.

The following information appeared in another site where there is a forum entitled Banks in Northern Ireland.

Those with claims exceeding £2000.....I think need to read the following experience of one "claimant".

 

I got a reply to my application today from the courts service.

 

"The small claims court limit is £2000. It is important that all issues between parties are brought to the court by the one claim and resolved at the one hearing. You should not divide your claim into several applications, even if the total is less than £2,000. (You may not be able to recover the court fee's paid).

 

If the total sum at issue between the same parties exceeds £2000 the claimant must either

Proceed by abandoning any amount due over £2000 (this will be expressly noted)

or

Issue a civil bill (up to £15,000)

If a subsequent claim is made between similar parties arising out the same set of facts or law, then the later proceedings may well be dismissed as an abuse of process. "

 

Update....... I have since learnt that you can only claim up to 2K on a claim made "online" here in Northern Ireland

BUT the limit when claiming "in person" is 15K

 

Does anyone know differently?

 

Kind regards

Clare

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Apparently the following appeared in the Belfast Telegraph today...

It makes interesting reading

Customers see red over the scandal of illegal charges - Local & National - News - Belfast Telegraph

 

And the following article is encouraging too

The consumer champion behind growing rebellion - Local & National - News - Belfast Telegraph

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There seems to be alot of confusion about the limit with regards claims in the small claims court.

My friend "Nervous" rang the civil processing centre on 02890 326260 to find out more and this is what she says.

 

Well I phoned the Small Claims court and the civil processing centre just to make sure.

The outcome is this, so all Northerners please take note:

The small claims limit IS £2000.00 whether it is online or not.

If a claim exceeds this and is up to £15,000.00 then it becomes a civil bill. This means that it is necessary to employ a solicitor because the forms become rather complicated and can only be dealt with form a legal aid, as i was advised by a very helpful gentleman this morning.

Secondly, he also told me that there is an ongoing dispute with the Judges in N.I. One judge in particular has decreed that ; "If a subsequent claim is made between similar parties arising out the same set of facts or law, then the later proceedings may well be dismissed as an abuse of process."

However I was told that other judges are deeming this to be unfair and so at the moment there is some confusion within the Small Claims Court.So at the moment it seems to be that it is coming down to 'take a chance and split the claims and hope that they both go through.' I am.

 

Now the judges cant agree! Its disgraceful!

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Clare,if you think NI is bad,you want to try taking a claim in England.Over there the courts let the banks overrun deadlines for filing defences by days,and in some cases up to 2 weeks!!

 

It is a total abuse of process,and I can bet that the individual claimant IE you and me would not be treated in the same way....

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Hi LTWFB

Gosh....I checked my claim online and I see the Northern Bank have lodged a NOTICE OF DISPUTE today (22 Feb).

 

That has really startled me.!

 

Perhaps its only standard procedure with them?

My claim is only for a mer £400+

I guess I wont be getting a cheque in the post today....smiles.

 

Never mind....... the evidence is there........they are wrong in what they do and they know it!

 

But they have really "knocked me out for 9" today with their NOTICE of DISPUTE.

 

Kind regards

Clare

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standard practice-they have to be seen to be going through the motions,and for those who don't know any better,it might be a bit of a downer and put them off going through with.After all,who really wants to go to court for anything?Doesn't mean we won't though-and they know the writing is on the wall.Why do they insist on trying to muck people about???

 

Put the feet up and wait for the cheque....

 

if they paid me £5000,they'll pay you £400 ;)

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should do-once they have climbed over the ever growing mountain of paperwork in whatever pokey litlle office they have set aside for this,that is....

 

I'll bet someone hates to be branch post opener at the minute.They'd need to be on overtime.....imagine going in to work to face that every day of the week.

 

ah well,I'm all out of sympathy right now... ;)

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Apparently the following appeared in the Belfast Telegraph today...

It makes interesting reading

Customers see red over the scandal of illegal charges - Local & National - News - Belfast Telegraph

 

And the following article is encouraging too

The consumer champion behind growing rebellion - Local & National - News - Belfast Telegraph

Yes Clare, excellent reading!! As was the Mail on Tuesday, which had reported exactly the same but with the profits that the banks stand to make!!

nervous.

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Hi LTWFB

Gosh....I checked my claim online and I see the Northern Bank have lodged a NOTICE OF DISPUTE today (22 Feb).

 

That has really startled me.!

 

Perhaps its only standard procedure with them?

My claim is only for a mer £400+

I guess I wont be getting a cheque in the post today....smiles.

 

Never mind....... the evidence is there........they are wrong in what they do and they know it!

 

But they have really "knocked me out for 9" today with their NOTICE of DISPUTE.

 

Kind regards

Clare

WOW!!bit of a bummer that! It makes me a little bit subdued then. Maybe i have been lucky, i've written a letter back accepting their offer but i'll pm you. Don't worry things will be fine. Have faith and believe inthe cause.:) nervous

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Yes Nervous.......it was a real BUMMER........lol.... At least now.....I am laughing......

Anyway......the sun is shining today.

This will just learn me more patience......I will just have more waiting to do. The new spring wardrobe will just have to wait a little longer........smiles

But what I really meant to ask LTWFB is.....

What is the procedure now....... court date?

What all should I expect......in the post......

Kind regards

Clare

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you'll get their notice of dispute through the post-standard nonsense about fees being fair etc YAWN!!

 

you may even get notice of transfer to your court of preference as in your application,with a hearing date.I'm assuming it's the town with the roundabout in the middle of it? ;)

 

then,all being well,you'll get the letter from Northern saying that they aren't admitting liabilty (more YAWNS),but here's your money anyway,and a cheque paperclipped to the letter.They won't admit liabilty because if they do,they are well and truly screwed and would have to pay everybody back regardless of whether they claimed or not.

 

And the little Northern boy with his finger in the dyke would get washed away without a trace.... ;)

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Hi LTWFB.....

You paint such a lovely picture.........you have me in hysterics!.......smiles

And yes.......the town with the "roundabout" in the middle would be most handy...

Thank you once again for your advice.

I will read your comments to hubby about this all.....he too will be in hysterics.!

Kind regards

Clare

 

You would make a good comedian!!

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Hi John.......

LOL.....Actually LTWFB knows where I live and my nearest town has a "roundabout in the middle".....smiles.....

And he used to frequent it many times......the town that is......or was it the roundabout? lol

 

Kind regards

Clare

.

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well iv tried ballymena court a few times with diffrent questions but its a bit like little britain"computer says noooooo" they just dont wanna get off their lazy backsides and find out the proper way of things, just say no its easier.

regards john,

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WEll actually boys.......I was told that my papers go to the court in Londonderry and they decide which local court is used. I was told it could be Ballymena, Limavady....or even Magherafelt where there is a small claims court....unknown to me..........!

Ballymena is a nightmare! Roundabouts galore! My head goes lite even thinking about it.....

 

Infact my town hasnt got a roundabout...we call it a diamond.......smiles...

Kind regards

Clare

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It never rains but it pours.....smiles

As you know I check my claim online every day and when I log-in all that appears is....

 

Apologies, the Small Claims Server is currently unavailable.

 

This site is only available between the following hours:

0600 - 2400 hours.

 

The same happened yesterday evening!

What on earth is the problem now?

Cant they not get things right?

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