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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
      • 160 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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sittinpretty v Nationwide***WON***


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Got home at lunchtime today & I had received a letter from the Nationwide confirming that they would refund all charges £1247.50 plus interest £507.79 and court costs of £120 !!! Checked account and the money was in there!!!!!

 

A message for everyone who is still waiting for their money & who perhaps are in the court process & panicking - don't worry. Although I highly recommend following the CAG timeline to the letter, I followed the advice on another website & in hindsight mucked a few things up including asking for the 8% interest straight away before getting to the court stage, asking for slightly over 6 years (6 years 1 month) of charges, which I got, not sending copies of the schedule of charges to the court, not giving 14 days for the Nationwide to reply at each stage. I may have got refunded sooner if I followed the CAG route but still, I did get my money. The stage I am at is 28 days + 16 & I received my court papers last week with the Nationwide's defence that they would not pay me back anything.

 

Now I can relax after a terribly anxious few weeks!!!

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Well, I have just finished a rather nice bottle of Champagne & I am feeling suitably chilled out (hic!). The first time I have relaxed in about three weeks. Good luck to everyone who is after a refund of THEIR money, don't worry, you will get it back as long as you don't do anything really stoopid like claim for 15 years worth of charges or ask for a refund of overdraft interest. Saying that, I made about half a dozen mistakes (according to the CAG guidelines) and yet I still got paid, however I HIGHLY recommend following the CAG script as you will then not be plagued with doubt if it gets to the court stage.

 

Many thanks to everyone, especially Kopstar1965 who has been my rock over the last couple of weeks - thanks mate.

 

For those of you who are thinking of getting your charges back - go for it. Nationwide may be the most difficult to get money back from but they do back down in the end if you stand your ground.

 

PS Listen to MilkTrayMan, he is full of good advice.

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Congratulations SittinPretty71,

 

I have recieved the rest of my claim as well so am all paid up now and looking forward to spending it!!!!!;) My neighbours are claiming from Barclays and they are having a far more tough time than we did with Nationwide. They started their claim the same time as we did and they are now waiting for an actual court date as they do not want to pay up!! Hopefully everyone will get their money eventually.

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