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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.

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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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mcuth v Co-Op pII


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Found a £19.50 charge on my account from the other month, so just sent the preliminary letter today :D

 

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Michael

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  • 4 weeks later...

You little devil, Michael. :D

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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Hehehe :D

 

Well, I got their standard "we'll take 4 weeks to look at this" letter back on 19th May, and I've just got around to sending the LBA today....

 

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Michael

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  • 3 weeks later...

The response to the LBA was that they'd "need another 4 weeks" to look at the request that I've already been generous with (7 weeks! Mind, it is only £19.50 :D).

 

Nothing received by today, so I took my printed claim form & cheque down to the court - outside opening hours, but they'll see it in the morning :)

 

That's now £49.85 they owe me (plus 1p per day, LOL) for the sake of a £19.50 charge :rolleyes:

 

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Michael

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  • 2 weeks later...

Rec'd court issued docs while I was away this week (have PM'd a mod):

 

mcuth v Co-Operative Bank PLC

Swindon County Court

Case No: 7SN02036

Charges: £19.50

Court fee: £30.00

Interest @ Issue: £0.35

Total: £49.85

 

Issued: 26/06/07

Sent: 29/06/07

Deemed served: 03/07/07

Reply by: 17/07/07

 

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Michael

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Hello mate. :D

 

Hello matey :D

OT:

Thought you were on holiday? ;)

Must catch up soon - week after next ok (i.e. w/c 16/07)?

 

Cheers

Michael

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No, just finished that holiday mate. Go away on Tuesday until the 6th August.

 

Sheesh - what a jetsetter ;):D

Give me a shout when you get back then mate - Belgium should be finished at the end of next week (Go out on Tuesday for the last time, hopefully!) :)

 

Cheers

Michael

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  • 1 month later...

Hmmm, been a bit slack in updating this claim really :p

 

Remembering that my claim was issued on 25th June, a brief precis is that the Co-Op credited my account with £19.50 on 8th July and after being reminded that court action was in progress, they credited another £30.35 on 27th July and submitted a defence that they've paid in full (:rolleyes:).

 

However, they have not taken into account the 8% interest accruing from date of issue to settlement, so I'm being a PITA over that - it's a grand total of £0.59 as of today's date, and it's cost me more in letters/time but it's the principle that's important :D

 

Have today written to the court explaining this, and emphasising that the Co-Op never intended to defend the claim in full, so please can I have £50 in wasted costs because of their obstruction to settling the claim...:D

 

Chers

Michael

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  • 1 month later...

Well, the Co-Op credited £0.79 my account on 13th September for the statutory interest accrued to that date. Their solicitors wrote and advised, enclosing a notice of discontinuation for signature. I didn't get around to replying to that, though I wanted to point out that I'd asked the court for a wasted costs ourder. Since then, the court took their own action and have struck out my claim on the basis that the defendant deems it settled (no mention of the wasted costs order request).

 

I suppose I could write and ask for the wasted costs order to be reconsidered, but technically it's been settled by the Co-Op crediting the statutory interest due, so I guess I might leave it at that - still contemplating though ;) Probably best to move this to settled claims now and add the details to litigation concluded....(£50.64 total)

 

Cheers

Michael

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Feeling generous are you or have you got a lot on your plate at the moment. I've always enjoyed reading your threads and this seems untypical of your past style.

 

Aye, I know - must be going soft in my old age :D

I am quite stacked out at present, but then this is my last claim - have now completed all the banks I've been with over recent years (though there maybe some more to go at from years ago depending on the result of the OFT test case ;)).

 

Think I might drop a line to the court anyway, enquiring as to whether they saw fit to consider the wasted costs request - but given that there wasn't a hearing scheduled, I'm not going to push it too much :)

 

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Michael

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Hi mccuth I sent a wasted costs order to court against barclaycard and they asked me for a £75 fee ... is this correct I thought this was free to do wasted costs?????

Only direct action by the masses will work....

 

Look at all successes they have never come from negotiation!!!

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Hi mccuth I sent a wasted costs order to court against barclaycard and they asked me for a £75 fee ... is this correct I thought this was free to do wasted costs?????

 

Writing a letter & attaching the draft order is free - though I suspect your court may be thinking that it's an "application on notice" which would incur a fee of £75 (see here). I'm not sure just what to advise you really - probably a thread in the "general" forum to ask for wider advice, but I'd ring the court in the first instance and discuss it with them (find out why they want £75, etc..)

 

HTH

 

Cheers

Michael

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  • 1 month later...
  • 1 month later...
Think I might drop a line to the court anyway, enquiring as to whether they saw fit to consider the wasted costs request - but given that there wasn't a hearing scheduled, I'm not going to push it too much :)

 

Well I did this (will post a copy of the letter later on), but the Court wrote back recently (took them a month to reply to the letter) to say that a DJ considered my request and advises that it should be made on an Application with Notice to be dealt with at a hearing. As this'll cost £75, I'm not sure if I can be arsed...... :rolleyes:

 

Cheers

Michael

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(will post a copy of the letter later on)

 

And here it is:

I am in receipt of your General Form of Judgement or Order dated 25th September 2007, striking out the case as settled.

 

In the first instance, I apologise most sincerely for my delay in response to this Order.

 

In my letter of 22nd August 2007, I respectfully requested that the Court considered making a “Wasted Costs” order in the sum of £50.00 to recompense a rough estimate of my time and expenses in having to continue to deal with the issue without the Defendant’s co-operation. I never received a response to this request, and respectfully repeat the request in light of the information below:

  • The Defendant had nearly 2 months to resolve the complaint without court action being necessary (I wrote to the Defendant on 10th May 2007 with my initial complaint, following this with a Letter Before Action on 6th June 2007, before issuing my claim on 26th June 2007), but continued to obstruct full settlement of this claim by not including court costs and interest due under s69 County Courts Act (1984) from the date of the claim. A breakdown of the partial settlements made is below:

Amount of claim at 25th June 2007: £49.85

- “Goodwill” credit of 8th July 2007: - £19.50

- “Goodwill” credit of 27th July 2007: - £30.35

+ interest to 22nd August 2007: + £0.59

Total: £0.59

 

The Defendant finally credited the sum of £0.72 to the bank account in question on 13th September 2007 to cover such interest accruing from the date of issue of the claim and thereby settling the main issue of the claim.

  • Given the above, I strongly suspect that the Defendant never intended to fully defend this claim.

  • Due to the Defendant’s actions in this claim, I have had to spend several hours on correspondence and incurred not inconsequential stationery costs, as outlined below (NB the letters prior to the claim issue have not been included):

- Preparing claim for issue 2.5hrs @ £10.00 per hour £25.00

- Letter to Defendant’s Solitors (19th July 2007) 0.5hrs @ £10.00 per hour £5.00

- Postage by 1st Class Post (cc’d to Defendant & Court) £1.02

- Letter to Defendant (1st August 2007) 0.5hrs @ £10.00 per hour £5.00

- Postage by 1st Class Post (cc’d to Defendant’s Solictor & Court) £1.02

- Letter to Court (22nd August 2007) 0.5hrs @ £10.00 per hour £5.00

- Postage by 1st Class Post (cc’d to Defendant’s Solictor) £0.68

- Letter to Court (26th November 2007) 0.5hrs @ £10.00 per hour £5.00

- Postage by 1st Class Post £0.34

- Estimated ½ ream of A4 printer paper (price according to PCWorld) £2.48

- Estimated ½ cartridge of black printer ink (price according to PCWorld) £6.49

-------

TOTAL £57.33

 

Many thanks

 

Yours faithfully,

 

{mcuth}

Cheers

Michael

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