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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
      • 161 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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Congratulations to Halifax bank who are first past the post in my reclaim charges sweepstake!

 

At the letter 2 stage, a very nice man from customer relations offered me a partial settlement of £2500 which was met with a swift response of thanks but no thanks from myself. After a quick consultation with higher authorities, he was able to give me a little eXtra and came back with the full settlement of £4200. I have yet to see the colour of their cheque but have been assured that it is in the post.

 

That leaves Halifax credit card, MBNA, Lloyds TSB bank and Lloyds TSB credit card jostling for position to be the next runner home.

 

I am optimistic that Halifax credit card will soon follow with a positive result. This claim is still at the letter 1 stage but I think it is highly likely that the credit card guys will be singing from the same mangled 70s songsheet as their banking brothers.

 

MBNA looks promising too for maybe third place. Again, at letter 1 stage, I am encouraged by the fact that my son recently received a full settlement of £500 in a swift response to letter 2 with no questions asked.

 

So that leaves the dark horse duo of LLoyds TSB bank and Lloyds TSB credit card bringing up the rear at a canter.

The former is currently on Letter 3 and looks set to go to the wire, based on the experiences of similar claimants. The upside of course is that I will be able to whack on meaty interest charges to my charges claim of £2800 as the majority of the charges relate to five and six years ago.

The latter is still on letter 1 and I have a feeling that it will progress in the same manner as the bank charges with stubborn (and ultimately futile) resistance to the end. Perseverance is the watch word!

 

Some general points :

 

Both Halifax and Lloyds TSB bank accounts are closed. This does not seem to have affected the Halifax claim but Lloyds might take the view that as I am no longer a paid up customer, goodwill gestures may go out the window.

 

On Lloyds TSB bank and all of the credit cards, I am on a goodwill repayment plan arranged through a third party charity.

These arrangements have not been affected as yet but it is possible that in the future some of the companies could retaliate by terminating the arrangement and passing my account to a debt collection agency.

 

There has been a good deal of interest in the media recently over the reclaim of bank and credit card charges.

My view is that on the positive side, the banks and credit card companies may be more inclined to settle early when they are swamped with new claims without the required infrastructure in place deal with them all. On the negative side, the processing of existing claims could be subject to significant delays.

 

Another negative aspect, I recently noticed the first advertisement by a company offering to do the claim process for you with a lucrative cut of 25% of the settlement figure - let's hope this does not mirror the endowment claims scenario with unscrupulous companies jumping on the bandwagon for a fast buck.

 

And finally, let's hear it for my new bank, NatWest, who despite being given numerous opportunities to bounce direct debits etc and slap on associated charges, have so far resisted the temptation to do so.

Whether this reticence stems from the premium grade of my account where they hit me with a monthly fee for a host of dubious benefits I am never likely to take up, or they have wised up to the fact that I could claim the charges straight back, or maybe it is some computer malfunction.

Whatever the reason, it is a pleasant change from my previous banking experiences.

 

Watch this space for progress updates ......

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