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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.

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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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OldBear vs. Studio


OldBear
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Well, having been inspired by the actions of harrythehawk and chezt, I have decided to go after the charges levied by Studio to Mrs Bear.

 

A quick look at her statement (she bins them after paying :o) and her online account details show purchases of £360-ish over the last 2 years, but a current balance of over £380.

 

Now, given that she has been paying them regularly, (albeit late on occasion), it doesn't take a genius to work out that the balance should be considerably lower than it is. I asked about how many of these 'Admin charges' she had had over the period, her reply, "Quite a lot!"

 

I won't know how many till I get the statements back (S.A.R - (Subject Access Request) posted today). I'll keep you all posted. I shouldn't need to ask too many questions, Chezt has just about every answer I think I'll need in her thread.

 

OB

Please read the Stickies and FAQs. Your question may have been answered already.

 

Old Bear vs. NatWest - won after first letter £600

Mrs Bear vs. Studio - won after first letter £360

Old Bear vs. Abbey - won after first letter - only £50, but it's the principle

Old Bear vs. Black Horse - £117 of charges wiped off 2 loans, but more WILL follow

Mrs Bear vs. Index (Littlewoods) - SAR sent - 2/2/2007

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Hi chaps,

 

Got a really nice letter (and I mean that) back from Studio with all statements showing every transaction back to when the account was opened.

 

First off, they didn't take the tenner for the S.A.R - (Subject Access Request); they told us they provide a full statement of account free of charge and have put the £10 to the account. Nice touch, I think.

 

Now the interesting part, the way the "Admin charge" has increased over the years.

 

In 2001, the charge was... wait for it... 2 quid!!!

In 2002, there's a couple for £10 and 1 for £5.

2003, it's up to £12.95.

2004, it up to £14.95.

2005 onwards, it's "What the Hell, everyone else is doing it", up to £20 a time.

 

Now, I'm no accountant, but that sure doesn't look like it's in-line with inflation to me. :wink:

 

Total "Admin" charges are £35 above the current balance. Quick word with Mrs Bear and she says, if they write off the account balance she'll be happy. I'm not so sure, myself. So... questions are...

 

Do we claim the £2 shots?

Do we go for the interest? (I've not worked it out, but it could be a good few shekels)

 

Chez and Harry (and Bill if your watching), give this Old Bear some words of wisdom, please.

 

OB :)

 

btw. Natwest settled today with me, full settlement of claim £600. :grin:

Please read the Stickies and FAQs. Your question may have been answered already.

 

Old Bear vs. NatWest - won after first letter £600

Mrs Bear vs. Studio - won after first letter £360

Old Bear vs. Abbey - won after first letter - only £50, but it's the principle

Old Bear vs. Black Horse - £117 of charges wiped off 2 loans, but more WILL follow

Mrs Bear vs. Index (Littlewoods) - SAR sent - 2/2/2007

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Hi OB, same thing happened to me although they also put my £1 CCA cheque into the account too !! I have asked for clarification on the service charge and a breakdown of this before I decide what I am going to get back from them, have allowed the time frame of the original SAR, if nothing has come back (which it hasn't yet including the copy CCA or PPI agreement) I am just going to go for the lot.

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Ok, folks, Prelim letter is written.

 

I've used Chez's excellent letter removing all the bits that don't apply, but I need thoughts/input on a little sentence I was going to add.

 

Since the charges are approx. XX quid more than the outstanding balance, I was going to request they return the account balance to £0.00 and send a cheque for the £XX remainder.

 

Thoughts??

 

OB :)

Please read the Stickies and FAQs. Your question may have been answered already.

 

Old Bear vs. NatWest - won after first letter £600

Mrs Bear vs. Studio - won after first letter £360

Old Bear vs. Abbey - won after first letter - only £50, but it's the principle

Old Bear vs. Black Horse - £117 of charges wiped off 2 loans, but more WILL follow

Mrs Bear vs. Index (Littlewoods) - SAR sent - 2/2/2007

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  • 2 weeks later...

Hi OldBear,

 

I've just posted you a note on Harry's thread but will put it on here (the correct place!!) too.

 

Studio are the 'easiest' company I've dealt with so far. My outstanding balance was £193 & total charges were £343. They cleared my o/b (yippee:D ) but then sent me £150 worth of Studio vouchers for the remainder of my claim.

 

I'd also requested the difference by cheque so I returned the vouchers with a nice little letter asking them to send me a cheque instead or I would have to go to Court to reclaim the difference (felt abit mean stating this!) Had a letter straight back to say they would arrange for a cheque to be sent instead. It's taken them a further 3 weeks but it finally arrived this week. :D :D

 

SO....hang on in there, you will get it back & stand your ground if you don't want their vouchers!!!!!!! Good luck.

 

Villafan ;):oops:

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Hi Villafan,

 

Thanks for the encouragement. Yes, it does look like Studio are taking a very reasonable view on paying back charges. I haven't really seen any threads on here saying differently, so I'm looking forward to a result very soon.

 

OB :)

 

btw. How's your claim against HSBC going? Any updates?

Please read the Stickies and FAQs. Your question may have been answered already.

 

Old Bear vs. NatWest - won after first letter £600

Mrs Bear vs. Studio - won after first letter £360

Old Bear vs. Abbey - won after first letter - only £50, but it's the principle

Old Bear vs. Black Horse - £117 of charges wiped off 2 loans, but more WILL follow

Mrs Bear vs. Index (Littlewoods) - SAR sent - 2/2/2007

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It's good news, chaps. :D

 

All Administration Charges to be refunded. This wipes out the full account balance and there's a cheque on the way which should cover a nice lunch for Mrs Bear and I. :p

 

I've checked the account online and like many before me they've screwed it up and only taken off just over half, so we've fired off a friendly email asking them to amend it as per the letter they sent.

 

I'll update when the account shows zero; but we're happy bears at the moment. Now, who's next... ?

 

OB :)

Please read the Stickies and FAQs. Your question may have been answered already.

 

Old Bear vs. NatWest - won after first letter £600

Mrs Bear vs. Studio - won after first letter £360

Old Bear vs. Abbey - won after first letter - only £50, but it's the principle

Old Bear vs. Black Horse - £117 of charges wiped off 2 loans, but more WILL follow

Mrs Bear vs. Index (Littlewoods) - SAR sent - 2/2/2007

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  • 2 weeks later...

Well, the account balance online now shows £0.00, which should mean a cheque is on the way for the Credit balance that has been showing for the last 2 weeks.

 

This is officially notched up as a win, guys. :D

 

OB

Please read the Stickies and FAQs. Your question may have been answered already.

 

Old Bear vs. NatWest - won after first letter £600

Mrs Bear vs. Studio - won after first letter £360

Old Bear vs. Abbey - won after first letter - only £50, but it's the principle

Old Bear vs. Black Horse - £117 of charges wiped off 2 loans, but more WILL follow

Mrs Bear vs. Index (Littlewoods) - SAR sent - 2/2/2007

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Hi OldBear

 

Congratulations on your studio win.icon14.gif

 

Have started my own thread with few questions on if you wouldn,t mind taking a look as I would like to get my Prelim Letter posted as soon as possible.

 

Do I send it to the person who I received transaction info from ? ( Lisa Newton, Customer Care Dept, only address Preston PR0 2BP or should I send to another address. Hope I am not invading your thread by posting, if i am i apologise.:-|

 

Regards

 

Dee

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