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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.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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 
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      BankFodder

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    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

Intelligent Finance Address To Use With Moneyclaim

IanMitchel

By IanMitchel
in Intelligent Finance

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cariad

cariad

Posted
Posted

I suspect this is down to their usual superlative internal admin process. :D

 

If you are happy to accept what they've paid already that's entirely upto you but I would hazard a guess that if you play up about the balance you'll get it soon enough.

[FONT=Arial][SIZE=1]Proceedings issued....and acknowledged. [/SIZE][/FONT] [FONT=Arial][SIZE=1]Counting down to the 21st....[/SIZE][/FONT] [URL="http://thebighub.co.uk"]http://thebighub.co.uk[/URL]

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cariad

cariad

Posted
Posted
Thanks bro -

 

Not long that is it. Good Luck with the rest of your dough.

 

 

Peace:cool:

 

sgt bilko - your avatar is going to give me nightmares. :D I already change telly channels when that eejit appears. :oops:

[FONT=Arial][SIZE=1]Proceedings issued....and acknowledged. [/SIZE][/FONT] [FONT=Arial][SIZE=1]Counting down to the 21st....[/SIZE][/FONT] [URL="http://thebighub.co.uk"]http://thebighub.co.uk[/URL]

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brecken

brecken

Posted
Posted

Hi Ian,

Ive had same problem been on phone all day, got through to customer relations 08457253519 Claire England who assures me my money will be in my account by the morning, wont hold my breath.

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IanMitchel

IanMitchel

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If you are happy to accept what they've paid already that's entirely upto you but I would hazard a guess that if you play up about the balance you'll get it soon enough.

 

Am I correct in thinking that the money they have given me can't be won back by Halifax(spit) if I let this go to court for the rest of the money that they said they'd refund?

 

Regards,

 

Ian

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dave

dave

Posted
Posted

what do you recon, will I get a call back?!

 

Three things in life are certain:

 

Death

Taxes

...and if a bank says they will phone you back, it'll be the last you'll hear from them.

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

------------

 

 

Add me as your friend on FaceBook - I need all the friends I can get :-(

 

http://www.facebook.com/profile.php?id=577405151

 

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IanMitchel

IanMitchel

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Well guess what... they called me back!!! - just to say they are chasing it up, just goes to show miracles do happen sometimes!

 

Thanks for that number though, I'll give that a try if I get no joy...

 

Ian

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cariad

cariad

Posted
Posted
Am I correct in thinking that the money they have given me can't be won back by Halifax(spit) if I let this go to court for the rest of the money that they said they'd refund?

 

Regards,

 

Ian

 

As long as they have made an offer which you have accepted then the agreement is binding. Even if the offer was made "without prejudice". If you have an offer from them for £1,300 or whatever which you've accepted and you've only had £1,000 then you are entitled to the balance of the sum you agreed to accept. And entitled to enforce any judgment you obtain. :D

[FONT=Arial][SIZE=1]Proceedings issued....and acknowledged. [/SIZE][/FONT] [FONT=Arial][SIZE=1]Counting down to the 21st....[/SIZE][/FONT] [URL="http://thebighub.co.uk"]http://thebighub.co.uk[/URL]

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IanMitchel

IanMitchel

Posted
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Posted

Great,

 

The letter they wrote hasn't asked me to accept or sign anything. Am I correct in thinking that because they said they will reimberse the full claim ammount that I don't need to actually tell them I've accepted?

 

Thanks,

 

Ian

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cariad

cariad

Posted
Posted

I would write/fax them - refer to their letter confirming their agreement to settle the claim in full. Identify the full amount to include interest and costs and state that you received £xxxx on the nth day of April by direct credit to your account and are waiting the balance of £xxxx whereon you will advise the court that the sum claimed has been paid in full.

Phone as well but best to have something in writing as well imo. Make sure you keep any fax delivery slip.

[FONT=Arial][SIZE=1]Proceedings issued....and acknowledged. [/SIZE][/FONT] [FONT=Arial][SIZE=1]Counting down to the 21st....[/SIZE][/FONT] [URL="http://thebighub.co.uk"]http://thebighub.co.uk[/URL]

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IanMitchel

IanMitchel

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Guess what... I had annother call from Rachel and she said the rest of the money would be in my bank by the end of this week - happy days.

 

I have also sent them a letter, recorded delivery saying that I will advise the court that this is settled in full when I receive the balance.

 

I will fill out the survery then...

 

Thanks,

 

Ian

 

 

Please stick to 1 thread, thanks

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cariad

cariad

Posted
Posted

Excellent stuff. :-)

 

It seems to be working doesn't it? I just hope mine does. :D

[FONT=Arial][SIZE=1]Proceedings issued....and acknowledged. [/SIZE][/FONT] [FONT=Arial][SIZE=1]Counting down to the 21st....[/SIZE][/FONT] [URL="http://thebighub.co.uk"]http://thebighub.co.uk[/URL]

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  • 3 weeks later...
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IanMitchel

IanMitchel

Posted
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This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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