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    • 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
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Rogue v Alliance & Leicester ***WON***


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Just thought i'd sy 'HI' been watching everyones threads with interest!!

 

My claim is for £350, consisting of paid item fees and unauthorised overdraft fees over the past year or so.

 

Received my Statements in March, after sending the Data Protection SAR back in January (they took almost 40 days!) but just had a short spell in hospital so my claim was put on hold for a few weeks.

 

Prelim letter and schedule of charges sent 16th April - received a reply within 3 days stating they didn't think charges were unfair, terms and conditions were made clear, OFT report was about Credit Cards charges etc etc.

 

Of course that will scare me of! PAH :lol: , roll on 30th April for LBA.

 

Rogue

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Good luck rogue,

sounds like a standard reply to the prelim and its all complete bosh.

Good to see that you are sticking to the timetable and not rushing in with the LBA just because they replied early. Dont forget to include 8% interest on the LBA schedule and letter....sorry if that sounds like 'here have an egg to suck on,' just that a lot of people forget.

Good Luck

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Thanks for that, i had actually forgot the 8% - i was thinking that you added that only when it got to the court stage. Pass the eggs ;-)

 

Will get everything together ready to send on the 30th, watching your case with interest too!

 

Rogue

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  • 3 weeks later...

An update,

 

Had a response to my LBA which was a letter saying they were looking into the complaint and a copy of their complaints procedure!

 

Anyway, ignored their attempt at stalling and filed MCOL yesterday (16th may). 2 copies of Schedule of charges also sent to MCOL.

 

Hopefully they'll pay up quickly as my claim is relatively small (£450).

 

I'll try to keep this updated.

 

Rogue

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They have PAID UP ! ! ! ! Yippeeee.

 

Received a cheque for the full amount of £443.55 yesterday - the letter enclosed reads:

 

"We have received from Northampton County Court a claim you have issued. We have now reviwed your particular case and have decided in this instance to settle the claim.

The decision should not be regarded as an admission of liability on the part of the Company, as we consider the charges to be fair and reasonable.

We therefore enclose our cheque of £443.55 which is paid in full and final settlement of your claim. Would you please acknowledge receipt and write to the Court confirming that the case has been settled.

As it is clear that you do not accept the terms and conditions for the operation of your account we will shortly be contacting you to discuss its future operation"

 

yay!! :p

 

I'm actually very surprised they paid out quickly - i know my claim is relatively small compared to some on here, and i was quite prepared to go to court - MCOL was issued on 16th May and they acknowledged it almost straight away, so i was preparing for the defence coming from the solicitors.

 

So, i hope this will give some of you just starting encouragement to continue - The FAQ's are VERY VERY helpful so please read them and follow all the instructions to the letter - i followed the timetable precisely and it worked a treat.

 

This site has been a godsend and i will be donating as soon as the cheque clears.

 

All the best - Rogue

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CONGRATULATIONS...!!!

 

That is fantastic. :D :D

 

Dont forget to do the survey.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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Well done - great result

 

jansus:D

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Well doneicon7.gif It seems that A&L are paying up for "smaller" claims and it's great to see another success!

 

I know what you mean about this site being so helpful ... I'd have been lost without so much help on here.

A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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Hiya Rogue WELL DONE just thought I'd let you know they will probably close your acount as they have mine!

i'm just about to take court action (when I've sussed everything out!) it looks complicated! They wouldn't pay me out, tho it was a lot more than yours. I will also be complaining to the Ombudsman as they've closed my account.They said they would reopen it if I accepted their offer which was a quarter of what I was claiming! (I don't think so!)

Once again well done!

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Thanks Krissy,

 

Yes i expect they will close my accout (shame!), i've just opened another so i'm going to start transfering things accross next week :)

 

Just done this and had notification that account is now closed.icon7.gif

A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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