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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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Merc Court-26th April-Settlements


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Hi, just trying to find out if any of the cases against the YB, due to be heard in the Mercantile Court on April 26th in Leeds have been settled. If you have settled with the YB and were on that list please would you let me know. Thanks.

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No-one settled yet? They must be leaving it to the very last second, unless someone has missed this thread. It would be good to know what's happening.

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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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Hi Caro, I agree, I'd love to know whats happening! Spoke to Court on Monday and was told that out of the 77 cases listed only 30 have settled. Of course that may have changed today! There are 8 against YB and 2 of those are settled. What are they playing at!! I've got 2 cases listed and am ready and prepared to go to the court on Thurs. Can't see them settling tomorrow as I wouldn't have time to accept or refuse! What do you think?

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If they offer you what they consider to be the full amount they could tell the court it's settled. Haven't they been in touch at all?

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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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They sent me a letter on 5th april offering me half which i refused and they haven't been in touch since! Tried to ring Kirstie Ross today but it says this service cannot be connected - bet shes changed her number. Any advise?

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Phone the court and make sure your case is still listed. Let Ms Ross do the running.

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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Hi, my case against barclays is due to be heard at the mercantile court tom, ive heard nothing from them. ive sent in the case management info sheet, to the court but dont really know what else to expect tommorow at court? can anyone advise?

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I'll post in the Mercantile forum to answer this, although not sure how helpful I can be.

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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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Suspiciously quiet from Leeds. I wonder if there's a big party in the area.:rolleyes:

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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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Right the case management conference yesterday at Leeds:

 

Myself and around 20 other people claiming went into court 19 at 10.30. A Barrister dealing with barclays, Halifax, HSBC or HBOS (Sorry cant remember exactly who he was representing) he had 17 of us to speak with and a other barrister for yorkshire bank were present. Along with 6 or 7 press. The judge went over what the case management conference was about: that there were so many claims at the moment the small claims court could not handle them all so it had been passed to the mercantile court. He said we will adjourn until 12.30 to give the barristers time to talk to us (and try & settle!). The barrister spoke with most of us and I believe all the barclays cases were settle. We returned back to court and the Barclays Barrister asked to have more time so we adjourned until 2.30 so that he could continue to see all of his banks claimants. The yorkshire bank barrister asked the court if the yorkshire banks claims could be put on hold until the OFT report at the end of the year, (this was then discussed after I left as mine was settles so I am not sure of the outcome of the yorkshire bank request but will be speaking with someone that stayed in court so will update) sorry this is patchy at work at the mo but will update with more details as soon as i can. I will say tho if you get called to Mercanile court make sure you TURN UP AT COURT, the barristers were asking the judge if the cases/claimants taht hadnt turned up if their cases could be struck off! again dont know the outcome of this as i was allowed to leave along with other settled cases. will update asap

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Thanks Finney.

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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Just read this from ZsaZsa on the Mercantile thread. Sums up YB really.

 

"One claim from Yorkshire I think it was, was dismissed as the claimant wasn't there, but far worse the YB legal representative requested that costs be awarded to them for him , & the judge ruled this was acceptable & in view of him not turning up proper."

 

Shumba

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I very much doubt it to be honest. I hope it wasn't someone from CAG.

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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Its a bit worrying to hear that Yorkshire Bank are asking for cases to be delayed until the end of the year. I hope this does not happen as I sent my allocation questionnaire in approx 3 weeks ago and I have been told that my case may be referred to Mercantile Court in Leeds. This seems grossly unfair for Yorkshire Bank Claimants if all the other banks are settling. I would like to hear what the ruling was.

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