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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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glav v northern bank


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  • 2 weeks later...

Update folks, received SAR information on Thursday, that was quick, they only received request on 7 May. Now i am horrified to discover that my charges amount to almost £6K, I knew it would be a significant amount but didn't think it would be that much. Now as I live in Northern Ireland and the small claims limit is £2k, I need advice big time. Do I ask for the whole amount initially and then if I have to lodge court claim split it, or do I split it from the start? Help!!!

 

glav:confused:

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In answer to your question, you could split the claim into handy £2000 chunks, but you must see each £2000 claim through to completion and settlement before starting the next one.

 

Dont start three £2000 claims all at the same time or the second and third will be chucked out as an abuse of process.

 

**IGNORE THIS INFO-NI COURTS VIEW THIS AS AN ABUSE OF PROCESS- ANOTHER EXAMPLE OF HOW WE ARE DISADVANTAGED BY THE NI SYSTEM**

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thanks noomill, haven't included interest at all at this stage, would be happy enough just to add 8% statutory interest at claim time. Will have to spend some time doing spreadsheets to divide the years up into tidy chunks.

 

glav:)

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I live in Northern Ireland and the small claims limit is £2k

 

Does NI have the equivalent of Fast Track and Multi Track? If they do, you might want to consider going that route with one claim.

 

Steven

 

If this post is helpful, please click the scales

 

 

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Steven

 

For a claim over £2k, you must issue a civil bill, dont' know a lot about this, have some reading to do, but do know that you can't do it yourself and need legal representation.

 

glav:)

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  • 2 weeks later...

Hi all

 

Quick update, sent prelim letter to northern bank on 1 June recorded delivery. Having read around this site and threads from others who have also claimed from NB, their typical response is to write back saying they will reply within 20 working days. This is within timescales for prelim and LBA so I have asked for full amount initially (£6k) and will consider legal route depending on what response I get.

 

glav:)

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Nishields, thanks for the words of encouragement. I suppose I hope that they will settle quickly and I can avoid the dilemma of whether to slpit claim or consider other options.

 

glav:)

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Hi John

 

I am becoming aware of this as I have been doing a lot of reading. Given the amount of money at stake, I will seriously consider filing a civil bill, I am aware of people who have successfully done this themselves without using legal representation.

 

glav:)

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Well, as predicted, letter back from Northern Bank today saying my "complaint" is being investigated and I will have a response within 20 working days.

 

glav:)

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Hi all

 

Received response from NB today so that was pretty quick. They have made me an offer of £3200, this is just short of 50% of my claim. I am now going to send LBA and combine rejection of their offer, any thoughts on how I could word this? I would be prepared to settle for no less than 95%, but do I show my hand just yet? Any advice greatly appreciated. I have just won with hubby's MBNA account and got letter of full settlement today from Capital 1 so am on a roll and will go the whole way with this one if I have to, too much money at stake.

 

glav

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Hi Glav,

 

Sounds all too familiar..... If you're willing to accept 95% for a quick and easy settlement, my only advice would be to ask for it! They'll save 5% of £6k or £300 plus the fees and interest so any savings are a plus to the bank against a full payout. letter i used to get settlement for work colleague was doctored a bit from money saving expert and readings on here but went as follows:

 

Dear Sir or Madam,

Re. Account number: **********

We refer to default charges applied to our account amounting to £2305.63, which we have requested you pay back.

We wrote to you on 01.05.07, making the original request for a payment in settlement of our claim. As we do not consider your offer of £950 in settlement of our claim satisfactory, we are writing to inform you we intend to claim the full amount claimed together with interest up to the date of judgment and court fees in the proceedings through the county court.

This is based on the Unfair Terms in Consumer Contracts Regulations, as we believe these default charges are unfair and not proportionate to your costs, and therefore the NI Small claims court will rule in our favour.

We have attached a full schedule of the charges and interest with this document.

 

Without prejudice

The charges and interest we have claimed above total £2305.63 However, if you are prepared to pay to us £1750.00 within 14 days of the date of this letter (and, for such purpose, time shall be of the essence), we are prepared to accept this lower figure in full and final settlement of our claim and interest.

We look forward for a full response to this letter within 14 days, otherwise we will commence court proceedings to reclaim our money.

This letter got a result, good luck whatever you choose!:)

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Well, LBA hand delivered to NB post box this morning, clearly rejecting settlement offer and giving Mrs Manager another14 days and then it's off to court I go. I did say that I was not prepared to meet with her as our relationship had broken down to a point where she closed account at the end of April, but did say that in an effort to negotiate and avoid wasting court's valuable time!!, I was prepared to accept 95% of claim. Also pointed out that if I filed in court I would then be entitled to claim stat interest and court fees, will be interesting to hear what she comes back with.

 

glav:-)

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I have had a offer from the Northern of half my claim I am sending the next letter asking for the full amount or court action will be taken. The bank would not be offering this money if it thought it was in the right would it?

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