Jump to content


  • Tweets

  • Posts

  • Our picks

    • 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
        • Like

Whats Going On Here ?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6222 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

RECLAIM YOUR BANK CHARGES thats the name of this campaign. On this site and others, many many people have sucessfully recovered their charges by following the excellent guides and template letters. Now it seems greed has overtaken reality, sayings like (going for every penny I can get)and (banks have screwed us for years now its our turn) lose track of the basic aim to RECLAIM YOUR BANK CHARGES.

Yes reclaim all your charges, allow the bank the statutory time scale to repay, and then if they still delay go down the appropriate route of FOS or SCC depending on the size of the claim in relation to Scottish or English law. If your going for SCC then and only then add 8% interest.

This situation where people are claiming ci which grossly inflates their claims and will only result in the banks refusal to pay, often delaying things. It also adds to the backlog for every other person claiming.

  • Haha 1

05/03/07 S.A.R - (Subject Access Request) handed in at branch

Found missing statements at home !!!!

08/03/07 Prelim+ schedule posted rec del

22/03/07 :mad: No reply to prelim LBA posted rec del

05/04/07 :mad: 14 days and no reply to LBA, sent e-mail

27/04/07 :D Offered FULL SETTLEMENT £3375

03/05/07 Cash in bank account :D :D

Link to post
Share on other sites

Hi Nikki, your comments are appreciated, but as for people to be in huge amounts of debt because of charges and interest I disagree. Everyone has the option to cancel a D/D or S/O if there is insufficient funds in their account. The same applies to writing cheques without funds as available as well. Whether the monies we have been charged would still be in our accounts gaining interest is a matter for debate.

As for the time scale taken to resolve claims I think the FOS advises 8 weeks before the will accept a complaint against the bank.

Reading some of the threads on here banks seem to get the blame for everthing from financial ruin to global warming. We all need the services if banks throughout our lives and more often than not we get good service. Our argument is the amount the banks charge for the above indescretions (of which Ive had a few, £3k worth) whether I would still have had this amount in my account gaining interest is a matter for conjecture.

05/03/07 S.A.R - (Subject Access Request) handed in at branch

Found missing statements at home !!!!

08/03/07 Prelim+ schedule posted rec del

22/03/07 :mad: No reply to prelim LBA posted rec del

05/04/07 :mad: 14 days and no reply to LBA, sent e-mail

27/04/07 :D Offered FULL SETTLEMENT £3375

03/05/07 Cash in bank account :D :D

Link to post
Share on other sites

HI Kennyh, Its each to their own views as you rightly said. As for the daily machinations of the bank, they are not carried out randomly we know in advance when deductions will occur. In Scotland the thresholds for small claims courts are very different to English law, by adding CI many claims will go over the limit leaving the FOS as the only viable final course of action if the bank delays repayment. The FOS will only pursue claims without interest (basic charges), for this reason I say avoid CI until it has atleast been tried and tested in a court of law, as it only confuses newbies starting out.

05/03/07 S.A.R - (Subject Access Request) handed in at branch

Found missing statements at home !!!!

08/03/07 Prelim+ schedule posted rec del

22/03/07 :mad: No reply to prelim LBA posted rec del

05/04/07 :mad: 14 days and no reply to LBA, sent e-mail

27/04/07 :D Offered FULL SETTLEMENT £3375

03/05/07 Cash in bank account :D :D

Link to post
Share on other sites

To all who respond to my thread, I take on board your comments and welcome your opinions.

I am sure that all the pro CI enthusiasts are in England and claiming under English law where the court thresholds are higher. Please spare a thought for us in Scotland where we are limited to 750 and 1500 limits. Many of our average claims would be pushed well over the 1500 limit if we added CI, the banks are well aware of that and offer refunds of basic charges only. I wish I could take the bank to open court as my basic claim is £3k+ (so you can guess I dont work in a bank) but this would be very risky, untried and a virtual minefield. Read flyboy80 thread today This leaves the FOS as my only option and the FOS wont entertain claims with interest added, only the basic charges.

05/03/07 S.A.R - (Subject Access Request) handed in at branch

Found missing statements at home !!!!

08/03/07 Prelim+ schedule posted rec del

22/03/07 :mad: No reply to prelim LBA posted rec del

05/04/07 :mad: 14 days and no reply to LBA, sent e-mail

27/04/07 :D Offered FULL SETTLEMENT £3375

03/05/07 Cash in bank account :D :D

Link to post
Share on other sites

Hi kennyh, court is not an option Im afraid, so Im sitting in limbo until the bank offers a refund or stautory 56 days are up and I can go to FOS.

AS for splitting claims, courts have already disallowed this as an abuse of court time.

05/03/07 S.A.R - (Subject Access Request) handed in at branch

Found missing statements at home !!!!

08/03/07 Prelim+ schedule posted rec del

22/03/07 :mad: No reply to prelim LBA posted rec del

05/04/07 :mad: 14 days and no reply to LBA, sent e-mail

27/04/07 :D Offered FULL SETTLEMENT £3375

03/05/07 Cash in bank account :D :D

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...