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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 
      • 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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Daddy G v Smile


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Ok, I've just sent them this reply -

 

Dear Jackie,

 

I appreciate that you are snowed under just now with people rightfully reclaiming the money that you have unlawfully taken from them.

 

However if the full amount is not returned to my account within the stated time period you will leave me with no option other than to pursue a claim against you for the full amount plus interest plus my costs and without further notice.

 

I am busy father with two very young children and would really prefer not to have to waste my time in the courts over this matter. However if the money is not returned you will leave me no option but to do this.

 

Best Regards

 

Daddy G

 

Over to you once again smile.

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smile seem like one of the easier banks to deal with in this situation. not looking forward to lloyds though! haha

 

Don't be fooled. Smile only seem easier because they don't know what they're doing. They're not a real bank and don't appear to have the resources available to them, that Barclays or Lloyds may have.

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Couple of developments over the weekend.

 

They've returned the cheque they claimed they never received with another print out of my charges. No wonder they're taking so long when things are happening in duplicate!

 

Also today I received this secure message -

 

Dear Mr Daddy G

 

I understand your position but regretfully we cannot respond to your complaint sooner than already stated.

 

I feel that Jackie's message provides a reasonable explanation of why we cannot provide you with an early response.

 

Yours sincerely,

 

Nick

 

Is anyone else claiming from Smile just now getting these delaying tactics? And should I seriously start planning to start court proceedings?

 

I was really hoping I wouldn't have to, as every one else seems to have had an easy time with Smile. :???:

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Some have started court proceedings, but they've usually settled in a matter of days once that happens, and sometimes it's even been the same day, as things have overlapped. They're just not very quick when they have a lot of claims to deal with.;)

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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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Is anyone else claiming from Smile just now getting these delaying tactics? And should I seriously start planning to start court proceedings?

 

I was really hoping I wouldn't have to, as every one else seems to have had an easy time with Smile. :???:

 

My advice to you would also be to stick to your time table however, in the unlikely event that this goes to court it will look better for you if you can show that you have given them more than enough time. You don't want to be seen as elevating the situation unnecessarily so.

The bottom line is that in the long term, you will get your money back. Just depends how patient you can be.

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Sent them this reply today -

 

Dear Nick,

 

The funds were taken from my account unlawfully. I am within my rights to start summary proceedings against you at any time to reclaim them.

 

To save yourself and myself the inconvenience of this I have allowed you a reasonable period of time to refund the charges. However I will reiterate again, if they are not refunded in full in my originally stated time frame I will see you in court and will be claiming back my court fees from you as well.

 

I trust you will not force my hand to pursue this avenue of action, which will be more expensive for you and will certainly leave me with little to recommend about Smile.

 

Best Regards

 

Daddy G

 

Well they've got until Thursday 26th to pay up. Guess it's time to start the court action ball rolling...

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Why thank you Micky. Seriously though, are Smile being more difficult than usual with me? Or are they struggling more than normal under the doubtless landslide of claims they have coming in now?

 

Also I've just been re-reading the Scottish section and have noticed that what is now being recommended for claims over £750 is to refer the bank to the FOS. I had been thinking of doing a Summary Cause case, but have now been scared off by reading the Scottish thread.

 

If I have to take the FOS route it's rather taken the wind from my sails as I'll have to wait the full 8 weeks for the bank to make an offer. Arse.:Cry:

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I think they'll settle it well within 8 weeks. How much is your claim?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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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Claim is for for £1,303 which is just charges without any interest.

 

I feel slightly impotent now that I can't easily proceed with court action after threatening it. I don't like making empty threats!

 

I really should have paid more attention to what was happening over on the Scottish thread. :rolleyes:

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Don't worry about it. It'll barely be an issue, but you may need to be a tad flexible about the timetable, but it would be your choice to be flexible and not of the banks doing. In all honesty summary cause (that is the one up to £1500 isn't it?), is an option, especially as it's not smile who are playing hardball over claims. Also I'm not aware of problems with small claims in Glasgow, although I do think splitting the claim is probably a bit risky if that court decides to follow Edinburghs lead, as some have.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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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Another secure message today from a third Smile team member!

Hello Mr Daddy G

 

As previously advised it won't be possible to respond to your complaint earlier than the advised timescales.

 

I'm sorry for any inconvenience this may cause.

 

Regards

 

Andy

 

Ok, what to do now? Anyone tried the summary cause root here and have any advice?

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Thought I might as well introduce myself to Andy!

 

Dear Andy,

 

It has just been brought to my attention that should it come to the stage where you force me to start court proceedings, I can additionally claim interest at 8% on the money unlawfully taken from me.

 

I have worked out that this would come to an additional £272.65. This amount will more than make up for any inconvenience caused by the court case. However I would still prefer not to take this action and refer you to my original time frame for refunding the money.

 

Best Regards

 

Daddy G

 

Lets see who they pass the buck to this time!

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Stick to your timetable. Smile have changed tack by the look of some previous threads, I take it their using the FSA eight week rules as THEY have deemed the issue as a complaint. Having successfully claimed twice against Nationwide, the way Smile are acting with my current claim is infuriating. We're getting the same delaying tactics. I'm keeping to my timetable and have told them that. LBA sent today, time limit up 3rd May, then Court.

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My LBA deadline with them is tomorrow - nothing as yet from them other than their, "We'll respond in 8 weeks". Aye right.

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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Just had the usual 'we'll respond as per guidelines, etc., etc,' to my LBA too, yeah right!

 

Has your overdraft been taken away too and your cards cancelled? Mine have this week. I wouldn't mind but they never bothered to tell me? I happened to log on and wondered why my overdraft limit showed £0.00! My card also got swallowed by the cashpoint that morning! So had to transfer wages quick to my other account!

 

They haven't responded to my message of Sunday(22nd April) when I asked why they hadn't written to me and given me notice, guess what I get this morning - yep, a letter telling me about my overdraft and cards, and that my authorised overdraft is now an unauthorised one, and they want to know what my proposals are for clearing it! (By the way, although the letter was sent by them 1st class. it was dated 18th April!) I've sent back saying my proposal is SIMPLE - PAY ME BACK MY UNLAWFUL CHARGES PLUS INTEREST!!! I wonder what sort of reply I'll get!!!!

 

Give me another round with Nationwide anyday!!!

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They haven't taken away my overdraft yet, but I did get another reply on Monday -

 

Hello Mr Daddy G

 

I'm sorry but as previously stated in the secure messages we are unable to respond to your complaint quicker than we have told you.

 

However, we work to timescales set by the Financial Services Authority. We are allowed up to 4 weeks to reply to your initial complaint. However, law allows us a maximum of 8 weeks to respond to your complaint. If we need anymore time after the initial 4 weeks we will let you know either by secure message or written letter.

 

Thanks

 

Jackie

 

They're really not budging on this one by the looks of it. Not sure the best course of action now as I'm in Scotland and have been scared off the summary cause route. My 14 days from the LBA are up on Friday.

 

I'm in the process of selling my house right now and could do without the hassle of arranging a court case. Arse! Thought smile were gonna be easy!

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It's up to you what you do, and I still think Smile are easy, and I think they'll pay up fairly quickly although maybe not within your timetable. Having said that there is no point in threatening action and not following it through.

 

As a compromise you could agree to exhaust their complaints procedure first and then take them to FOS (or court) if they don't comply with your request within that time. I really don't think it's going to be much of a delay.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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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