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    • Hello, firstly thank you for reading this. I know no one wants a long winded back story. So I’ll be breif. I entered a local store to buy some paint (which I did pay for) I am honestly not a bad person or a theif.   Didn’t have a basket or trolly as was on my lunch break. Whilst picking up the three tubs of paint placed some masking tape in my pocket (it was hanging out of so I had every intention to pay) just didn’t have a hand free. Paid for my goods (forgot about the £4.39 masking tape) I’ve got so much going on and im not well at all (like I say no one cares I get that) also have autism so wasn’t thinking particularly like others do maybe (who knows my minds going around and around) I left the store after paying, was pulled back in by security. Asked for the tape which I gave immediately  shook up. Gave them my ID and details. I was given some paper and told to expect a large fine in the post for their time and the tape and sent on my way. my questions are: I hardly ever go out without support so the ban I guess I can’t go there now for anything (their loss) - ok but is my photo going to be all over with my name? how much am I expecting in the post as a fine? I have sent them cash in the post recorded signed for delivery to arrive tomorrow (incident happened today) for my error. Their Address was on the bit of paper. i have read two posts on this page but they were from many many years ago so I hoped for updated advise please? 
    • V important you read lots of BMW threads too !  
    • So should I send them a new SAR and put my date of birth on it? Or do I need to send them some proof? Driving license? 
    • Thanks so much for your help!! I've emailed them, and when they reply saying they can't do it I'll reply and state my rights. I'm so glad I found this forum, and will read all of the posts I can find and help guides available for the future. Really can't thank you enough.
    • utter BS, doesn't matter you signed it. pers i'd be writing as per the other threads here rejecting the car as not as described under CRA etc and be done with it. as its a debit card you could also do a full chargeback within 120 days to your bank and simply dump the car back to BMW. 100's of like threads to read here. get your ducks inline. make sure you know what you are doing and off you go. dont take any BS from BMW, no matter what you sign it does NOT remove your consumer rights. p'haps it might be on the off chance you are a good manager , a quick phonecall tomorrow saying you dont want it because (no bla bla fitted) it might be resolved in 5 mins..i will guess to date you not tried
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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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I was offered £560 by the Halifax even though my claim was for £950. I sent my rejection of this offer to them by recorded delivery. However, it seems this letter has been lost in the post. I did not realise it had been lost so I was awaiting their reply. On checking the Royal Mail site though, it has not been delivered. I checked my Halifax bank account and they have deposited the £560 plus £80 costs. I now have their defence from the court stating that this has been done and that they have paid this amount because I can't prove they charged me £950. The letter I sent which has been lost included copies of the statements which they sent me showing they have charged £950.

Now I don't know what to do?? How do I advise the court that I am pursuing the full amount? There doesn't seem to be anything in the defence which was sent to me. I emailed a copy of my 'lost' letter to them but they do not reply.

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of course you can prove they charged you - get replacement copies of the statements

 

you shouldnt have sent halifax them in the first place - they only need to look at their computer screen to see what they have charged you

Halifax Credit Card - £408.16 - Settled in FULL 26/6/06

Halifax Loans - £397.97 - Settled in FULL 25/8/06

GE Money Topman £216.75 - SETTLED IN FULL

Marbles LBA - £475.00 - £250 Offered :rolleyes:

Halifax Current Account LBA - SETTLED IN FULL

Yorkshire Bank Current Accounts £2271.77 - Issued 30/6/06 - Default Judgement Issued - Warrant of Execution Requested

Capital One - LBA - £88 Knocked of Balance

Egg PPI - LBA

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Sit tight - if they have filed a defence then you will be given an opportunity to go to court for a full hearing. In your summons did you include a copy of the charges adding up to the £900 odd ? If so - then they have the proof at the court.

 

You didn't sign anything to accept a Full and Final offer - they can't prove that.

 

They will pay up before it goes the whole way.

 

(P.S. I'm in Scotland - so don't take my advice as correct, but I'm sure it's just a "wait and see").

HALIFAX - Settled in FULL - £1654 13/6/2006

NatWest - Prelim sent - £985 16/6/2006: LBA sent 30/6/2006 : Summary Cause issued (Sheriff Court) on 14th July : Waiting for Cobbets!!!

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of course you can prove they charged you - get replacement copies of the statements

 

you shouldnt have sent halifax them in the first place - they only need to look at their computer screen to see what they have charged you

 

I still have the originals. I sent copies. What I'm not sure about is whether or not I now deal with the court, or send a copy of my 'rejection' letter to the Halifax again? It seems they are not interested in the email versions I sent them.

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Send your rejection letter again and in the meantime ring up Royal Mail and give them a rollocking. If Royal Mail can confirm, which they can, that your letter was never delivered you can use that in court if you need to. I'll be very suprised of it gets that far anyway.

 

Royal Mail customer service 08457 950950.

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