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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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    • JCP190
      Faulty Nissan Qashqai From Big Motoring World

      By JCP190 · Posted

      Good evening, My husband and I are looking for some help regarding a faulty car which we have recently purchased from Big Motoring World Enfield. The details are as follows: - Make - Nissan Qashqai 2017 1.2L milage 55,349 miles.  Date purchased -   01/06/2024 Price paid - Deposit £9000, finance £4794 (this includes the 3yr Nissan extended warranty), buyers fee £249.      Total including all fees etc = £ 13794.        Initially, during the test drive, there was no problem with the car at all and this is why my husband bought the car on the day. No problems on the way home from the dealership and up to three days after purchase, the car drove smoothly. However, after day 4, occasionally we would feel a slight shudder during some gear changes (automatic car). Over the next few days these shudders worsened and then on day 5 the car would make very a very loud shudder with every single gear change. It was at this point we contacted Big Motoring World for advice as we are still under the 14 days no questions asked return.  My husband contacted BMW for advice on 06/06/2024 and stated the problems as above. He spoke to a sales person who informed him that he should only take the car to a Nissan dealership (we have now been told that this is false information). We were also promised that a courtesy car would be provided for us after the fault on the car had been identified and confirmed by their mechanic fixing the car. We took the car to the garage that Big Motoring World had told us to go. Upon arrival there we discovered it was a third-party garage, not Nissan. We took the car to the garage on day 9. The mechanic ran a diagnostic test which found no faults, but after the test drove the car and below are his findings...   we scan the car but no faults with the gearbox showing but when I test drove the car it was really juddering and jumping.I spoke to my auto transmission specialist and he said they are very common on these as the CVT belt starts jumping within the box due to pressure loss.  We had this vehicle in for diagnostics for gearbox mate but both the gearbox and battery are faulty.Gearbox supplied and fitted comes to £3500 plus vat   Where we are at now…. My husband spent all of day 10 (11/06/2024) making phone calls between the garage, Warranties2000 and Big Motoring World. He tried, unsuccessfully to find out if the diagnostic reports had been shared between all three. Everyone kept saying the report hadn’t been received and yet the garage assured us it had been sent. Eventually we were told that the courtesy car would be given to us if it was deemed the works to fix the car would take longer than 8 working hours, and that decision would be made after 48hours of receiving the report. Today is day 11 and no decision has been made as nobody is telling us any decisions as people are off sick or on holiday! Today we called the garage and told the mechanic NOT to start any work as we will be returning the car. He said none have been started and we have left the car in his storage as he has deemed the car undrivable. I have sent an email to BMW now formally stating that we want to return the car and I have used the terminology that was suggested.   What can we do next?   Thank you everyone. .  
    • Laura Cooke
      Bank Parking ANPR PCN PAPLOC Now Claimform - wrong reg - Appeal failed - Belvedere Street Car Park, Mansfield, Nottinghamshire, NG18 1JJ

      By Laura Cooke · Posted

      Yes will do thanks Dave, I wonder what will happen at the preliminary hearing no idea what they will ask I assumed once I sent the proof they asked for about my sons condition that I would have just  been given the go ahead to be Litigation friend
    • FTMDave
      Bank Parking ANPR PCN PAPLOC Now Claimform - wrong reg - Appeal failed - Belvedere Street Car Park, Mansfield, Nottinghamshire, NG18 1JJ

      By FTMDave · Posted

      First the judge will rule on you representing your son, which will be a doddle. After that the full hearing date will be fixed, with WSs exchanged 14 days before. So for the moment just concentrate on getting the right to represent your son.  
    • jmxo
      Evri lost 2 parcels approx. £600 (part 2)

      By jmxo · Posted

      Thank you, the mediations in a couple of days so hopefully they show up this time. I'll update this thread after how it goes
    • Laura Cooke
      Bank Parking ANPR PCN PAPLOC Now Claimform - wrong reg - Appeal failed - Belvedere Street Car Park, Mansfield, Nottinghamshire, NG18 1JJ

      By Laura Cooke · Posted

      Good work Dave thanks all prepared well in advance, when do I have to let the applicant have a copy

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      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.

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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.

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      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.

Charges on closed account

Trojan1401

By Trojan1401
in Alliance & Leicester

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Trojan1401

Trojan1401

Posted
Posted

Could someone give me a bit advice please.

 

Closed account with A&L which they advised I owed a sum of money. This was made up almost entirely of illegal charges... 3 in one day twice.

 

After totting up the charges, I calculated I acually owed them less than £5. Sent letter stating loosley based on the LBA stating Consumer regs etc enclosing a cheque & stating " I calculate that £xx is owed to you and enclose a cheque to this value in full and final settlement."

 

Reply received basically ignoring the content of my letter giving all sorts of blurb about keeping in credit & checking balance etc howver the account is closed !!!!! They then went on to say that they are unable to help further and cannot offer a refund. No mention of my cheque.

 

This morning I get another letter frim their Debt Recovery Division referring to my payment received in respect of my former A&L account.

 

They state that the account is being dealt with Tessera Credit Services and I should contact them to arrange future payments - No address or telephone number mind !!!

 

As A&L have now cashed my cheque which I stated was in full & final settlement, do they have a case to persue. How should I phrase my reply ?

 

Any assistance will be gratefully received

 

 

Thanks

 

Trojan

:p :p If my advice as been of help, please give me a quick click on the scales to your right ;) ;) :)
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Guest NATTIE

Guest NATTIE

Posted
Posted

I think you should write to the Tessara Credit Services that the debt is in dispute and start the process of claiming charges back from A&L

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Advoc8

Advoc8

Posted
Posted

The law on this is relatively simple. For it to be full and final settlement both sides have to accept it as full and final.

 

There is a presumption that the settlement is full and final unless the other side informs you that it isn't before you've had time to conclude that it is.

 

There isn't a fixed period for this but case law indicates that a response saying it's not being accepted that is sent within a few days is a valid response and full and final settlement has not been reached, but one that is sent a few weeks later is too late and the settlement is full and final. It depends on the facts of the case so make sure you keep all correspondence.

 

In other words you need to wait and see what they do next. The longer they're quiet the better it is for you.

If in doubt read the

FAQs

 

If still in doubt - ask!

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Trojan1401

Trojan1401

Posted
  • Author
Posted

Thanks for responses so far.

 

Sent initial letter enclosing cheque 26/2. Reply received 7/3 but no mention of receipt of my cheque nor that they did not accept my "full and final settlement". Now receved letter this morning stating futyre corres to be with Tessera. My cheque was cashed after I received their reply of the 9th.

:p :p If my advice as been of help, please give me a quick click on the scales to your right ;) ;) :)
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Trojan1401

Trojan1401

Posted
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Posted

However they have not stated that so I am tempted to reply restating what I said in my initial letter to them restating the facts regarding penalty charges etc

 

Do you agree, if so what's the best way to word it ?

:p :p If my advice as been of help, please give me a quick click on the scales to your right ;) ;) :)
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Advoc8

Advoc8

Posted
Posted

My thinking is that if you want to stand by your f&f offer you don't want to do anything other than for the moment maintain that the account is closed and the matter is dealt with. If you start trying to reclaim charges you're acknowledging that the debt still exists.

 

If your ultimate goal is to extinguish the debt on that account I'd still be tempted to wait and see if Tessera gets in touch and go from there. You've then got two ways to tackle them - the standard reclamation of charges to reduce the balance, alternatively the claim that A&L accepted your f&f settlement. More strings to your bow, if you get what I mean.

 

Do you have any other accounts with A&L?

If in doubt read the

FAQs

 

If still in doubt - ask!

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Trojan1401

Trojan1401

Posted
  • Author
Posted

Thanks Advoc8,

 

No I don't have any other accounts with them. The charges effectively made up the debt so my thinking is that A&L should write them off then the matter will be closed and account cleared.

 

If the account was still open I would be doing the usual process to get the charges paid back into my account.

:p :p If my advice as been of help, please give me a quick click on the scales to your right ;) ;) :)
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  • 5 months later...
Trojan1401

Trojan1401

Posted
  • Author
Posted

Well I thought this had died a death but lo & behold a "nice" letter was received Thursday from a DCA called Equidebt Ltd based in Warwickshire. Had no correspondence from A&L, Tessera or anyone since the letter mentioned above on 15/3/2007.

Usual blurb stating payment in full by 24/8/2007 ( Letter date 14/8/07 ).

 

Could someone advise best course of action ? No point in CCA as I know the make up of the figure. Do I just write back and refer them to previous correspondence.

 

Advoc8 - Regarding your reply above, I would think that there has now been sufficient time delay that my initial "full & final settlement" offer should be accepted by default. Could I ask your opinion please.

 

Thanks in anticipation.

:p :p If my advice as been of help, please give me a quick click on the scales to your right ;) ;) :)
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PriorityOne

PriorityOne

Posted
Posted

These 2 DCAs are not part of the A & L in-house brigade.... suggesting that this one might have been sold on.

 

You could write back to Equidebt (rec. delivery) and say something like....

 

I do not acknowledge any debt to your company.

 

A F & F settlement was accepted by A & L on xx/xx/2007. Any further queries should therefore be directed to "your client".

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Trojan1401

Trojan1401

Posted
  • Author
Posted

Thanks P1,

 

I'll get a letter off first thing Monday.

 

These lot have also tried to ring but will completely ignore them as I do not wish to discuss over phone.

:p :p If my advice as been of help, please give me a quick click on the scales to your right ;) ;) :)
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Trojan1401

Trojan1401

Posted
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Posted

Referring to the above but slightly off track, I've received a standard letter from A&L regarding penalty charges and the recent court case by the banks.

They state that they were not part of the group action however are awaiting the final outcome. Meantime they have asked the FOS the suspend the timescales that they are commited to in dealing with "complaints" of this nature.

In viewe of this I will be sendinf dear old Equidebt a "sod off" letter.

 

Basically have resonded to them as per P1 and will await their response. if they still insist I'll advise that "complaint" is ongoing.

 

PS- They rang me yesterday but would not speak to them even though they wanted to talk about "the alledged debt.

 

We'll wait and see.

:p :p If my advice as been of help, please give me a quick click on the scales to your right ;) ;) :)
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