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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 
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    • 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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Hippo v Smile


Micky the Hippo
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Two identical letters from Smile today, both telling me that they're still looking into my complaint yada yada, response in 4 weeks blah blah, etc etc no references no nothing

 

N1 is now 11 days away and counting

 

I was rather hoping to get an offer on this one, seeing as it's a simple claim and all

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N1 all made up, signed and sealed and waiting for granny to trot it off to the Post Office this morning

 

And NW and Barclay's defences are due no later (yeah right) than tomorrow

 

a brief flurry of excitement before the big snooze waiting for court

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I suspect that Smile will settle quite soon 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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Hey caro

 

yes, what I've read suggested they settle after the LBA

 

this has cost them the stat of £130 plus the court fee by not dealing with it, they're on the four week 'get back to you' time-scale

 

bread and butter straight charges plus interest on charges claim, granted two current accounts and a credit card all rolled in together

 

good, hope so, the money would come in rather handy at the mo, seeing as the Barclays and NatWest look to have a fair way to go still, assuming they get their defences in by tomorrow plus the usual leeway :rolleyes:

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N1 posted off a few days ago

 

today a reply on SM to my suggestion that they get in touch to settle before I send the N1

 

they're working to the four week deadline of the FSO or whatever etc etc, send my N1 to their legal dept

 

I pointed out that it was a claim, not a complaint and I was working to the courts' timetable, and their legal department would doubtless be getting a copy of the N1 in the near future

 

:)

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Looks like they might need to rethink the timescales.;)

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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and loh and behold, checked my accounts today and a total of £710 has arrived into my current accounts

 

I suspect that's what owed for them with the balance being owed on my Co-Op credit card

 

Have to check when I get home

 

And that the N1 fee and the stat interest has been paid

 

still, my first actual real money, hoorah, and the NatWest and barclays claims still slogging along in the trenches

 

:)

 

I'll check when I get home and as soon as I've got every last penny in, a very well earned and gratefully given donation to the site

 

no rapturous congratulations until then please

 

I've got something to pay the AQs for Barclays and Natwest with now :rolleyes:

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Looks like my trusty crystal ball is still working. At least you managed to make 2 pages out of your smile thread.;)

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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yes, thank-you

 

hopefully they've missed out stat interest and the court fee and we can roll on for another page and the Smile hall of fame

 

I might well try for a few recent charges as well, seeing as the boot's on my foot for the moment

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two letters today

 

goodwill refund of charges

 

they don't pay 'debit interest as it's not a charge'

 

yeah right :rolleyes:

 

no mention of statutory interest or my N1 fee or indeed my coop credit card fee

 

the charges refunds are about fight, £5 short on one, £20 over on the other

 

about £100 short on interest, stat and due to the charges plus the court fee

 

they're refunded some charges going through this month but they're going to charge me in future

 

they must think I'm five years old, this thread continues!

 

:)

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Go get them Micky, keep the pressure on, you'l get the lot back in the end, you would think they'd want to pay up and be rid of you but no they like their little games..Best of luck to you, im away for a week (thanks to the BOS) so hopfully when i get back il be seeing good news from you..GC

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Service acknowledged today by one P W Kerns of P W Kerns Solicitors

 

Over the grand total of £445 ...

 

:rolleyes:

 

Hey Micky, wonder how much the solicitors fees are, bet they are more than £445, hold on mate its coming they just playing silly buggers ha ha:lol: :lol: ..GC

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indeed and if they'd have paid up before the court stage it was only about £200 odd, a bit of credit card charges which they plain ignored and about £40 worth of interest due to charges, which 'they don't pay'

 

yes indeed, I do think it'll come shortly

 

fingers crossed on the bigger claims with NW and B, see how them strike out/draft directions go down with the judge

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Hey Hippo

just going to follow those threads of yours, im having a bit of a nightmare with Citicards so might pinch some of your postings about srtike outs, ive just sent my 1st nudge letter to citi but they still to comply to the draft directions..GC

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I can take no credit at all for any of that, there's a couple of stickies about with a step by step idiot guide

 

it all makes good sense if the judge fancies it, I think it works best with the bad boys like NW and B, worth a try with all of them though I think

 

After Citi myself, I think I've got a six page form to fill out before they'll answer the defaults questions, no statements until then, been sitting on it for a week or more, time to get on with it, all this court action had rather cooled my ardour with the other claims

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You might like to take a look at the sticky at the top of the Smile forum.

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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