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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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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. 
       

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Enough Is Enough - Settled In Full!

Mariana

By Mariana
in Halifax and IF successes

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Spiceskull

Spiceskull

Posted
Posted
On a lighter note, your title reminded me of a Barbra Streisand song. :D
***cough cough*** Barbara Streisand AND Donna Summer (THE original Disco Queen)

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Spiceskull

Spiceskull

Posted
Posted

Don't let them put you off with derogatory remarks like that - how you live, and the means in which you do it, is none of their business...good luck.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Spiceskull

Spiceskull

Posted
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You are doing everything correctly. By the time you come to make your claim, you should have enough information/responses to amend the claim to the correct amount. Missing statements, the £200, interest, it is important that the claim reflect your actual losses on the day it is raised.

 

Good luck - keep us posted.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Spiceskull

Spiceskull

Posted
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Regarding the telephone calls - you need to write to them, expressly forbidding that they contact you by phone. If you make a request that their correspondence is by post only, they will need to comply.

 

If you search the forums, you will find various mentions of the Wireless and Telegraphy Act 1947 - one of these posts goes into great detail about this, as it amounts to harrassment.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Spiceskull

Spiceskull

Posted
Posted

That's a good letter - very to the point. Well done and good luck.

  • Confused 1

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Spiceskull

Spiceskull

Posted
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It depends if the interest is s.69 8%APR interest or not.

 

In a nutshell, the £5K limit is everything you are claiming, EXCEPT court fees (£120) and s.69 interest (8%)

 

Is the £335,75 calculated from the spreadsheet? If so, then your claim is within the limit. Good luck.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Spiceskull

Spiceskull

Posted
Posted

Great - go get 'em.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Spiceskull

Spiceskull

Posted
Posted

Don't be nervous...be a winner. Good luck, they should settle not long after acknowledgement...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Spiceskull

Spiceskull

Posted
Posted

Attagirl - it's tough, it may get you down, but you are right and they are wrong. Go gettem'!

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Spiceskull

Spiceskull

Posted
Posted

Do you have incoming calls, even unanswered ones, recorded on your bills, or anyway to get this information? Four calls in the morning, from ANYONE, could be interpreted as harrassment. I would definitely report them to the relevant authorities, and copy them in on each and every letter you send.

 

You have insisted these calls stop, told them your actions if they continue, they have done so you need to follow through on this. ANY evidence of these calls will be great ammunition - do they leave a message on your answerphone?

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Spiceskull

Spiceskull

Posted
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Have you got call recording set up? If so, I would call them, say that you have had one call an hour for the last five hours, and INSIST that they cease forthwith. If you receive just one more call you will report them to the relevant authorities, and you will also report them to OfCOM (I will look up the relevant bits here, but they must be abusing some service agreement in doing this, and it is possible that they could be disconnected...)

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Spiceskull

Spiceskull

Posted
Posted

Some reading for you - Hope it helps:

 

OFCOM - Abandoned and Silent Calls Policy:

 

http://www.ofcom.org.uk/consult/condocs/misuse/statement/

1.1 This document sets out Ofcom’s new policy towards silent and abandoned calls. It will be of greatest relevance to organisations using predictive diallers in call centres.

 

1.2 Under sections 128-130 of the Communications Act 2003 (the “Act”), Ofcom is empowered to take enforcement action when it has reasonable grounds for believing that a person (either an individual or a legal entity) has persistently misused an electronic communications network or electronic communications service. A person misuses a network or service if the effect or likely effect of their behaviour is to cause unnecessary annoyance, inconvenience or anxiety to another person.

 

1.3 Under section 131 of the Act Ofcom is required to publish a statement of its general policy with regard to the exercise of its powers under sections 128-130. Section 131(2) of the Act enables Ofcom to revise the statement, from time to time, as it sees fit. On 31 October 2005 Ofcom launched a consultation on significant changes it proposed to make to the statement. Although the Act does not impose a statutory obligation on Ofcom to consult on revisions to the statement, we took the view that it was appropriate to bring the proposed amendments to the attention of Ofcom’s stakeholders and to invite their views.

Persistent misuse and silent calls

 

1.4 The changes to the statement have been prompted by the growing public concern about the distress caused to consumers by silent and abandoned calls. Most silent calls arise when call centres misuse predictive diallers to generate more calls than their agents can handle. When a consumer answers such a call and no agent is available, the consumer either hears silence or the call is automatically terminated, resulting in an abandoned call.

 

1.5 Ofcom has concluded that organisations making a significant number of silent or abandoned calls are behaving in a way that constitutes persistent misuse under the Communications Act.

Policy Statement HERE

 

To see the steps I took to recover unfair bank charges with the help of Consumer Action Group, please read my thread Spiceskull v HSBC.

  • Haha 1

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Spiceskull

Spiceskull

Posted
Posted
Does anyone else feel like their heads are about to explode due to all the mind games?
Keep hanging in there...you will get it all settled eventually...

 

To see the steps I took to recover unfair bank charges with the help of Consumer Action Group, please read my thread Spiceskull v HSBC.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Spiceskull

Spiceskull

Posted
Posted
OH MY GOD!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

Just checked online banking and a cash deposit for £4901 has been made!!!!!!!!!!!!!!!

Hey - I'm so pleased for you - it really has been traumatic, I know, but patience wins out every time...

:):):-D:):)

 

To see the steps I took to recover unfair bank charges with the help of Consumer Action Group, please read my thread Spiceskull v HSBC.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Spiceskull

Spiceskull

Posted
Posted
What first page? I'm soooooo lost!

Cathy

Cathy - click this link: Halifax Bank Action Group

Near the top you will see a button called "New Thread"

 

To see the steps I took to recover unfair bank charges with the help of Consumer Action Group, please read my thread Spiceskull v HSBC.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Spiceskull

Spiceskull

Posted
Posted
Morning everyone!

 

Well, after a lovely weekend, I feel another claim coming on .... this time for my current account. Still waiting for statements relating to two periods which were not included. So claiming for period Jan 2005 - May 2006.

 

Here we go again .....

Cool - now you know the ropes this next claim should be a lot easier for you...can't speak for the stubbornness of the bank though...:o

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Spiceskull

Spiceskull

Posted
Posted
wow ... and congratulations. just read your entire thread. just found this website last week. felt excited and nervous but readingyour story has given me hope ... especially after my wife said we won't get anything and take the first offer!

 

can anyone answer the question whether you can break up the amounts you are claiming to keep it below £5000. i have a nagging doubt that over 6 years i would have paid for than that!

If you search for the term "sever" (your claim) you will find advice on the best way to approach this.

 

Also, if you start your own thread (i.e. markt v [bANK]) you can ask all your questions, and have them answered, in one convenient place. :)

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Spiceskull

Spiceskull

Posted
Posted

You have sent it to them - the ball is in their court. Your wording is perfect "unless I get...I can't let the court know..."

 

However, I seem to remember that tomorrow is the date they have to submit a defence...it might pay to give someone a call, just to let them know that the claim is still open...in case they hadn't noticed...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Spiceskull

Spiceskull

Posted
Posted

Great result - patience wins out every time. :)

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

Collage001.gif

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Spiceskull

Spiceskull

Posted
Posted
(I can feel another song coming on for you - "what a feeling!..." - I am sure someone will tell me who sang that).Great stuff x
That would be the theme from Flashdance, sung by Irene Cara (I think)

 

Collage001.gif

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 weeks later...
Spiceskull

Spiceskull

Posted
Posted
Hi All! Have heard nothing from Halifax yet ..... they acknowledged my claim on 23rd June 06. Anyone on the same timescale?
They have 14 days from date of service to acknowledge, and then a further 14 days to file a defence. You can be pretty sure they won't file a defence, so expect a letter i the next couple of days, offering to settle, with all the usual waffle and codswallop attached...:)

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

Collage001.gif

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Spiceskull

Spiceskull

Posted
Posted
Well, hopefully, tomorrow will bring some more anticipated "logging on" to Online Banking to check our balances.

 

Fingers crossedX

...and...and...and...?

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

Collage001.gif

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Spiceskull

Spiceskull

Posted
Posted
WHHHHHOOOOOHHHOOO!!!!! Both claims settled today!!! Total of £2,967.38 bring grand total from Halifax sofar to £8,323.00!!!!!

 

Donation winging its way to Bankfodder shortly and survey being completed next!!!

 

Thanks again everyone for encouragement, especially Spiceskull!

Cool - it was worth the wait. A struggle, and stressy...but patience wins out every time. Well done for sticking with it...:):):)

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

Collage001.gif

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Spiceskull

Spiceskull

Posted
Posted

Hi JamJar,

 

Whilst it is great that you follow other peoples' threads, could you keep all posts regarding your own claim in your own thread. This will allow others to follow your claim, offer assistance and give encouragement to you. :)

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

Collage001.gif

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 weeks later...
Spiceskull

Spiceskull

Posted
Posted
Just had a call from Rachel Hinchcliffe at HBOS Legal Services, informing me that she has had a look at the interest (0.022% = £6.47) on my claim and she agrees that I was right! Anways, the monies will be deposited in my account in the next few days. I told her that as soon as I have the monies, I will inform the court that Halifax has settled.

 

I will get back every last penny.....

In all the excitement this is easy to forget - you hold out for it my girl. They want you to let the court know that settlement has been made...well, when you get your money...etc...etc...etc...

 

:)

 

See the steps I took to get my bank charges back

Spiceskull v HSBC

Thank you Consumer Action Group

Read my blog

View a heated discussion about bank charges on the Times Educational Supplement bulletin boards

 

Collage001.gif

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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