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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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pjdudley69 v Yorkshire Bank **SETTLED**


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More than you expected isn't it :-)

 

Yep, definately. Only expected about £300 tops!

Advice & opinions given by pjdudley69 are personal, are not endorsed by Consumer 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. Also visit legal seagulls for more friendly help and advice.

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  • 2 weeks later...
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Received the following letter on Friday:

 

Thank you for your letter of 21 April 2006, which has been passed for my attention.

 

As you will appreciate, I need to make investigations into the points you have raised. In the meantime, I thank you for your patience in this matter and I will contact you as soon as my investigations are complete.

 

I have enclosed for your information a copy of our internal Complaint Handling Procedures. These procedures confirm how to pursue your complaint and how to refer your complaint to the Financial Ombudsman Service if we cannot resolve the matter.

 

Yours sincerely

Neil McKirdy

Customer Relations Manager

 

The letter's been pp'd on his behalf, so I assume he's getting far too many of these letters to bother signing them himself now lol

 

He's got until 9th May, 14 days from when prelim letter was received by the branch, to make his investigations and respond, then I'm sending the LBA letter. I can't see as I'll get a response before then though, and I'm sorry, but I haven't got the patience which he's asking for lol

Advice & opinions given by pjdudley69 are personal, are not endorsed by Consumer 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. Also visit legal seagulls for more friendly help and advice.

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  • 2 weeks later...

I'm just about to print out my LBA, but do you think I should send it to Neil McKirdy, who my last letter was from, with a copy to my branch, or to my branch with a copy to this Neil guy - or does it really matter? Obviously I'm wanting to do everything above board so they can't start being picky.

 

Any advice appreciated - ta

Advice & opinions given by pjdudley69 are personal, are not endorsed by Consumer 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. Also visit legal seagulls for more friendly help and advice.

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Eyup flower. I'd send it to Neil McKirdy's address as that's the dept who's dealing with your claim but I wouldn't address it to him personally. I would put a ref on the LBA though ("further to your letter ref xxxxxx from Neil McKirdy, dated xxxxxx"). Their grievance procedure only states that the branch are your 1st point of contact for any problems so now you've reached the dizzy heights of Glasgow I'd skip the branch completely.

Yorkshire Bank £2201.24 - Settled in full

My Abbey £731.34 - Settled in full

Hubby's Abbey £1239.49 - Settled in full

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Thanks for that Trunny, but I decided to send it to both my branch and to Neil Mckirdy, both sent recorded delivery. I wanted to make sure I got it all together Thurs night ready to send first thing friday morning.

Advice & opinions given by pjdudley69 are personal, are not endorsed by Consumer 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. Also visit legal seagulls for more friendly help and advice.

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Just received the following from Neil Mckirdy [i've only put the important points as its a 2 page letter!], basically it's what I expected:

 

"Having noted your comments I am sorry that you have found it necessary to write regarding the level of charges applied to your account over the last six years. You feel that the charges are unenforceable and request reimbursement of £517.91 including interest.

 

I have reviewed your account and note that charges have been applied when your account balance has been in excess of your authorised overdraft limit and returning items unpaid due to insufficient funds. I would advise you that I do not feel that the charges applied to your accound are excessive and that I am unprepared to accede to your request for a full refund of fees which have been applied as a result of your management of your account.

 

If we do not receive a response from you within eitht weeks of the date of this letter, your complaint will be considered closed.

 

Whilst I do appreciate that this may not have been the response you would have liked, I thank you for taking the time and trouble to bring this matter to my attention."

 

Too right it's not the response I would have liked, and it certainly wasn't any trouble for me to bring it to his attention!

 

Do I go straight to Moneyclaim now that I have a definate no, or should I still wait until the 14 day period from sending the LBA is up? This is the part where I get nervous I think lol

Advice & opinions given by pjdudley69 are personal, are not endorsed by Consumer 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. Also visit legal seagulls for more friendly help and advice.

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Don't know the answer to your question but sure someone will.

 

Don't get nervous! You're almost done now & will have YOUR money back soon :)

Yorkshire Bank £2201.24 - Settled in full

My Abbey £731.34 - Settled in full

Hubby's Abbey £1239.49 - Settled in full

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i asked this question in my thread the other day and was told by lueeze that i should wait and give them the 14 days cos the court will look on it as you ave given them the time that is required and they ave not bothered ...so id wait and then collect m8

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Cheers Zultar. Looking at the Moneyclaim website I think it'll take me about a month to figure it out!

 

I've got 1/2 doz screens open on my PC, at various pages of this site, trying to find the right bits of info, and I'm just getting really confused [i'm only at the 'Claims Description' page on MC as well!! - typical girly, I know lol [no offence to any girly's who know what you're doing, it's just that I don't sorry lol]

Advice & opinions given by pjdudley69 are personal, are not endorsed by Consumer 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. Also visit legal seagulls for more friendly help and advice.

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I've just been reading all the YB threads, and am I right in thinking that I'm the first in getting as far as about to file a claim? If not, any advice would be greatly appreciated now, as I'm really struggling. I've loads of questions if anyone wants to offer any advice.

 

Thanks in advance. PJ x

Advice & opinions given by pjdudley69 are personal, are not endorsed by Consumer 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. Also visit legal seagulls for more friendly help and advice.

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How is the claim going PJ? You are ahead of me in the game, but if you want a hand to hold, or run any thoughts or questions past us you know where we are.:oops:

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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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Once you have been given a final decision by customer ralations (head office) you can go ahead and put in your claim straight away. Any one else writing to customer relations should specifically ask for a final decision. Gaz

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Thanks for that Caro - I'm abit stuck at the moment tho'. I was going to file my claim at Moneyclaim, but it said something about it being a pilot scheme, and my local court wasn't in the list of participating courts. I was also unsure of the wording etc to put on the claim.

 

Anyway, I've paid for one of the Claim Packs that BF has advertised on the site, so I'll wait until that comes and see if it makes things clearer for me. After all, I don't want to f**k things up at this stage!

Advice & opinions given by pjdudley69 are personal, are not endorsed by Consumer 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. Also visit legal seagulls for more friendly help and advice.

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OOh you really are a pioneer aren't you. Not come across anyone using that before. Will wait to hear from you. Glad you are sticking with it. Maybe I should take a look at Moneyclaim now in case I need it in a few weeks. Might save some time later.:rolleyes:

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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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You might be as well having a look at it Caro. Hopefully, you'll understand it better than me! Does anyone happen to know the turnaround for these 'claim packs' being sent out? [the ones that are advertised on this site?]

Advice & opinions given by pjdudley69 are personal, are not endorsed by Consumer 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. Also visit legal seagulls for more friendly help and advice.

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  • 2 weeks later...

Well, I've put my claim in at the county court today, so it's just a case of waiting to see what happens I suppose.

Advice & opinions given by pjdudley69 are personal, are not endorsed by Consumer 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. Also visit legal seagulls for more friendly help and advice.

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You managed it then. I was only just wondering how you were getting on with the claim. I must admit I still haven't looked at the claim stuff yet. LBA letters can go on Friday so I must get my act together.

 

Hope all goes well for you.

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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Notice of Issue received today - deemed to be served today [8th] and YB have until 22 June to reply.

Advice & opinions given by pjdudley69 are personal, are not endorsed by Consumer 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. Also visit legal seagulls for more friendly help and advice.

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Ooh PJ you've beaten Trunny to it. Not long to go now.:)

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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only just bet her tho lol it's the same branch too, so they're being hit with both barrels at the same time lol

Advice & opinions given by pjdudley69 are personal, are not endorsed by Consumer 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. Also visit legal seagulls for more friendly help and advice.

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who do I pm details of my claim to? I pm'd the admin@pantwhateveritsaid, but I've checked the litigation list and I'm not on :(

Advice & opinions given by pjdudley69 are personal, are not endorsed by Consumer 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. Also visit legal seagulls for more friendly help and advice.

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