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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
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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.

      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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My Mortgage Fees Were Refunded!!!!!!!!


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A while back I asked about getting mortgage redemption fees back from Leeds and Holbeck (4800 pounds) - well thanks to all the advice I got from this site I wrote to Leeds and Holbeck and they agreed to refund all the fees minus the interest they lost out on for the 2 months (I was tied in for five years and cancelled the mortgage 2 months before this was up). All this was completed within 2 weeks and I'm just waiting for my check to be posted out!!!

 

Thanks to all who gave me advice esp. robertxc whose quote I used in the letter to the bank. So anyone else with early redemption fees - try and get them back - I did!!

 

Now I'm just waiting on those other pesky banks to refund my charges.....

Still, this has given me the courage to go on!!!!!

THANKS!!!!:p

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Well done!

 

Was there any admission of liability in their letter? I would assume not but I'm ever the optimist!

 

Sorry, no. They even had the audacity to say that if you had came to us sooner we could have came to an arrangement before now.....even though I had written AND phoned, but at least they coughed up!!

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Talk about serendipity! Sitting next to my laptop as I read this post was a letter from GMAC detailing my redemption penalty (£5400!!). I was just composing my opening letter to them in my head! Any chance you could let me know how you worded your letter?:D

 

This is the part of my letter that I think clinched it:

We were contracted to stay in the mortgage for 5 years, but had to cancel 2 months short of the deadline and subsequently had to pay early redemption charges, which we now feel were excessive and unfair. In Common Law you can only recover liquidated losses stemming from a breach of contract - that is, money which it has actually cost you to end the contract early.

 

To quote The Govan Law Centre: "[bank] charges represent a penalty and are therefore irrecoverable at common law. In the Scottish case of Castaneda and Others v. Clydebank Engineering and Shipbuilding Co., Ltd. (1904) 12 SLT 498 the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract. This is also the position in English law: Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79."

As we were only 2 months from the end of our contract we feel that the losses that you incurred were well below what you actually charged us.

Therefore, we request that you refund the following to us:

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NO!!! I was quite shocked. I sent the letter out, within 3 days I had a reply stating it was with their mortgage manager, then 4 days after that I got a reply from him offering the money - I couldn't believe they gave in so easily!!! That has to be a first. So I have to sign a from and they will post out the money.

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