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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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Any Advice On Bank Charges?


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Not sure exactly where to post this thread, so this seemed like a good starting point.

 

 

I need a bit of advice on a "Without Prejudice Confidential & Privileged" letter I have received today from Lloyds TSB's Solicitors.

 

Brief background :-

 

02/10/06 ~ First letter sent to Lloyds TSB asking for refund of £3560.24

10/10/06 ~ Standard "we'll get back to you" letter from them.

17/10/06 ~ Second letter sent to LTSB threatening to start claim.

19/10/06 ~ Reply letter saying that they weren't prepared to pay. Apparently this was to be the "Bank's final response" (quote!)

24/11/06 ~ Issued Claim online for £4203.52 (£3560.24+Interest) - Cost £120.00

04/12/06 ~ Sechiari Clark and Mitchell returned A of S intending to defend claim.

22/12/06 ~ SCM enter defence disputing the claim.

28/12/06 ~ Transferred to my local County Court. Received AQ.

15/01/07 ~ Completed AQ handed into Court - Cost £100.00

18/01/07 ~ Letter from SCM offering to pay £4203.52 + £50.67 Interest + £220.00 Court Fees in full & final settlement!!!!!!!

 

In their offer letter they note that "the above amount (£4474.19) will be credited to your account" and "the payment will be in full and final settlement".

 

I'm no legal expert but think that if they formally make an offer in writing that they can't go back on this. Is this true?

 

Also there was no mention of a date or timescale that the money would be credited. I telephoned SCM and a grumpy old trout told me that they normally pay within 7 working days of receipt of signed settlement letter. She wouldn' confirm this in writing, but I did log the call time and her name.

 

Is anyone familiar with a case like this?

If I sign and return it, do they have to pay quickly or can they just delay payment indefinitely?

 

Any advice would be greatly appreciated.

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BTW, Mrs. OXO noticed the other night that she had gone overdrawn for the first time ever and had been charged by ABBEY £30 (fee) + £40 (unauthorised fee) for going £4 in the red.

 

I told her to call her Bank Manager to moan about this to which she did.

 

She didn't even have to threaten any Court action etc. and was credited all charges that week!

 

Are Bank's getting the message or what?

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