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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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      • 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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Paddywack41 -v- Lloyds


Paddywack41
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Have just made the first step in claiming back charges. I have sent my SAR and will obviously keep you all posted as to the ongoing case.

 

I suspect I will need a lot of assistance in this as I I live in Northern Ireland and my bank charges I suspect will be well above the £2000 limit for small claims court and that is even if I dont go down the route of claiming more than the 6 years worth.

 

I also need to claim against Egg, Capital One and MBNA but I am not sure whether to get through this one first or try to take them all on at one go. Any thoughts on that matter?

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Hi

It depends how confident you feel, maybe do Lloyds and one of your others for now, and the rest when they have settled up.

Good luck, let us know how you get on.

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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  • 3 weeks later...

Not much new to report at the moment except silence from Lloyds: I posted my SAR on the 28 May along with the relevant cheque and so far I havent heard from them or had the cheque cashed. Unfortunately (a mistake on my part) I forgot to send the SAR by recorded delivery so despite the fact they have still a bit of time to respond I think I will send them a little gee up letter in the post tonight (recorded this time). On a side note the SAR I sent to MBNA on the same day as Lloyds has been received (although the cheque not yet cashed) - Standard letter saying they have recieved my complaint (wasnt really complaining, just want my statements) and that they would respond by 4 July (Slightly outside the 30 day limit but I can live with that minor infraction).

 

Onwards and upwards.......

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