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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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Hale v FD **SETTLED IN FULL**


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Well here goes my third account. Egg, Halifax (now closed) and now FD.

 

I really haven't not a clue how much this one will turn out to be. 'er indoors thinks £1000. I suspect it might be more. I must admit I thought I was bad at getting charges and being clobbered but looking at some of the post and seeing the amounts I feel no longer alone :)

 

All DPA sent over weekend special delivery by 1pm so they will be opening it about now! "Oh no not another one" I guess they are sighing. There goes our christmas bonus. Almost a tear then - oh no it wasn't it's because I p***ing myself laughing. Imagine how I will feel when the cheque arrives.:D

 

Thanks guys this site is a revelation: I must admit after the TV coverage I thought something would come from banks quickly like a change in charges. Some seem to be getting there but I bet they still can't justify how they came up with the figure even if it is near the £12 OFT comment.

Egg Data Protection Act Statements arrived. On hold.

 

Halifax - Moneyclaim £3100

 

Amex to Remove Default - acknowledged didn't issue correct documents - default removed :) . £135 paid in full without Court

 

I'm on a roll now :rolleyes:

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Great, keep us posted!

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Reply from FD Sarah Young - some idiot (namely me) forgot to sign the DPA letter. So gave them excuse to delay but hey I did send a £10.00 cheque from my same FD account with a rather normal signiture. But they returned the cheque and advised when I return the signed letter they will send out statements and notes by courier FOC.

 

In my haste to send out first DPA letters I didn't double check it and realise I referred to an American Express account. But the kind girl who returned it crossed out that bit. At least they sent a pre paid envelope for me to return letter. :p

Egg Data Protection Act Statements arrived. On hold.

 

Halifax - Moneyclaim £3100

 

Amex to Remove Default - acknowledged didn't issue correct documents - default removed :) . £135 paid in full without Court

 

I'm on a roll now :rolleyes:

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hehe!

 

Never mind eh!

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Received standard letter - information is contained in statements and manual note etc..... will send by courier free of charge. Guess I wait :roll:

Egg Data Protection Act Statements arrived. On hold.

 

Halifax - Moneyclaim £3100

 

Amex to Remove Default - acknowledged didn't issue correct documents - default removed :) . £135 paid in full without Court

 

I'm on a roll now :rolleyes:

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  • 2 weeks later...

Big bundle of statements and notes arrived this morning - looking at other posts I suspect they send them on bulk as 2 others have already stated they got theirs this morning too.

Now I have the fun job of going back to 2003 (when I opened the account) The notes make interesting ready like a summary of my life when I was struggling to meet payments on lots of accounts. It is noce to see how unhelpful they were when they saw I was not able to pay a DD by £20 and asked to OD extention to avoid charge (they refused of course)

 

Oh well must get my calculator out.....:cool:

Egg Data Protection Act Statements arrived. On hold.

 

Halifax - Moneyclaim £3100

 

Amex to Remove Default - acknowledged didn't issue correct documents - default removed :) . £135 paid in full without Court

 

I'm on a roll now :rolleyes:

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It is noce to see how unhelpful they were

I too am just starting this with FD...but have also suffered their unhelpfulness at times. It seems they just want you to get into more debt..which of course makes more money for them!

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Statements arrived and calculated £2960. :eek: Only had the account 3 years. I have been a naughty boy. Must knock up initial letter requesting money tonight.

Egg Data Protection Act Statements arrived. On hold.

 

Halifax - Moneyclaim £3100

 

Amex to Remove Default - acknowledged didn't issue correct documents - default removed :) . £135 paid in full without Court

 

I'm on a roll now :rolleyes:

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Received letter advising they had got my complaint and would respond within 10 working days. Interesting because it is my timetable they have 14 from the day they received the letter. But hey ho......

Egg Data Protection Act Statements arrived. On hold.

 

Halifax - Moneyclaim £3100

 

Amex to Remove Default - acknowledged didn't issue correct documents - default removed :) . £135 paid in full without Court

 

I'm on a roll now :rolleyes:

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Seems to me like they're inundated with requests for refunds - I've had the same letter after sending my LBA. Either that or they're stalling until they've had some final guidance from their HQ.....interesting!

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  • 2 weeks later...

Well surprise surprise. 10 days has passed and they didn't reply like they said ! shock horror! like I really expected them to. Anyway LBA sent today 14 days to Court claim.

 

tick tock

 

:p

Egg Data Protection Act Statements arrived. On hold.

 

Halifax - Moneyclaim £3100

 

Amex to Remove Default - acknowledged didn't issue correct documents - default removed :) . £135 paid in full without Court

 

I'm on a roll now :rolleyes:

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Letter today saying fees and charges are terms and condition etc. If not happy express concerns to the illusive Robert Kernaghan. No better idea I will escalate to County Court on 1st of August. If they want to escalate to RK then they can they know my timetable.

 

Off to Court we go (or will we?):D :D :D :D

Egg Data Protection Act Statements arrived. On hold.

 

Halifax - Moneyclaim £3100

 

Amex to Remove Default - acknowledged didn't issue correct documents - default removed :) . £135 paid in full without Court

 

I'm on a roll now :rolleyes:

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Ok now 'er indoors is nagging that we will never get our Court fees back.

Oh she of little faith.

 

Money claim all filled out read to hit the send button on Tuesday first thing.

Egg Data Protection Act Statements arrived. On hold.

 

Halifax - Moneyclaim £3100

 

Amex to Remove Default - acknowledged didn't issue correct documents - default removed :) . £135 paid in full without Court

 

I'm on a roll now :rolleyes:

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After sending letter back to Debera Malins suggesting if they needed to escalate the claim to RK then they needed to do it as I had already address letters to Customer Relations Manager (which is RK job title - Derrr)

Anyway got a nice standard letter from RK Saturday morning. Ombudsman blar blar blar.

Just completing interest calculation for Sec 69 bit on Money claim.

 

Just to check! I need to send copy of schedule of charges to FD (again) when I make Moneyclaim. I take it they don't need a copy? But I must advise I have sent it? how. Thought Moneyclaim would be easiest route but not so sure now.

Egg Data Protection Act Statements arrived. On hold.

 

Halifax - Moneyclaim £3100

 

Amex to Remove Default - acknowledged didn't issue correct documents - default removed :) . £135 paid in full without Court

 

I'm on a roll now :rolleyes:

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Moneyclaim

Hoping someone will confirm what I am doing is correct. I have filled out the MCOL stuff apart from hit send. What about the schedule of charges. I thoguht I read somewhere that is needs to be sent to FD. Who at FD. Anyone can point me at a good FD and MCOL thread. I've read 100s but need help on this last ish bit

 

:confused:

Egg Data Protection Act Statements arrived. On hold.

 

Halifax - Moneyclaim £3100

 

Amex to Remove Default - acknowledged didn't issue correct documents - default removed :) . £135 paid in full without Court

 

I'm on a roll now :rolleyes:

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Hi, I've read somewhere that you don't need to send the particulars of claim to FD as you would have already sent them previously. However, I sent them again, along with a copy of the Moneyclaim, just so they couldn't use any delaying tactics. They were sent Recorded Delivery and for the attention of the Legal Dept.

 

I hope they acknowledge the claim soon for you.

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Thanks for this - I was worried wouldn't get a reply. Just reading everything again and again and again. :confused:

Egg Data Protection Act Statements arrived. On hold.

 

Halifax - Moneyclaim £3100

 

Amex to Remove Default - acknowledged didn't issue correct documents - default removed :) . £135 paid in full without Court

 

I'm on a roll now :rolleyes:

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Moneyclaim sent.

 

£3005 + £428 at 8% plus £120 Court Costs.

 

Yes I'll send copy to RK with schedule that once the claim is accepted.

 

Think I have to tell a mod that litigation started.! Eek how?

Egg Data Protection Act Statements arrived. On hold.

 

Halifax - Moneyclaim £3100

 

Amex to Remove Default - acknowledged didn't issue correct documents - default removed :) . £135 paid in full without Court

 

I'm on a roll now :rolleyes:

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Mine wasn't acknowledged on first - issued - so you are just infront I think

Egg Data Protection Act Statements arrived. On hold.

 

Halifax - Moneyclaim £3100

 

Amex to Remove Default - acknowledged didn't issue correct documents - default removed :) . £135 paid in full without Court

 

I'm on a roll now :rolleyes:

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Nah - I know my luck. They will wait until 13 days. Issue defence then I'll have to wait lol.

Egg Data Protection Act Statements arrived. On hold.

 

Halifax - Moneyclaim £3100

 

Amex to Remove Default - acknowledged didn't issue correct documents - default removed :) . £135 paid in full without Court

 

I'm on a roll now :rolleyes:

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Monday morning and still not showing as acknowledged. Head off to France tomorrow night so hope something quick or it will have to wait 7 days until I return.

 

I'm not sure if it is Moneyclaim slow to update (some forum members reported) guess I can hope DG have sent me a letter when I get home. :p

Egg Data Protection Act Statements arrived. On hold.

 

Halifax - Moneyclaim £3100

 

Amex to Remove Default - acknowledged didn't issue correct documents - default removed :) . £135 paid in full without Court

 

I'm on a roll now :rolleyes:

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