Jump to content


  • Tweets

  • Posts

  • Our picks

    • 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
        • Like

Chris_w Vs First National


Chris_w
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6153 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Can anyone help

 

I recieved a letter from First Naional saying i was £8.40 in arrears and to make payment. so i phoned the number and explained I wished to make arrears payment to bring account upto date. I was then informed that the credit agreement finished in Jan this year and the outstanding ballance of £410.00 was due now. I questioned this and asked if the credit agreement finished in Jan how can there be £410 owing on the account. i was then informed that this amount was due to charges applied to the account. I said I am unable to pay. they said if I want to arrange payments then i will be contacted by there debt recovery dept. i recieved letter asking for all my income and outgoing's details. I dispute the outstanding balance due to it being made up completely of charges but, how do I reclaim somthing that I hav'nt paid

Link to post
Share on other sites

Hi Chris,

 

I'm no expert but would also do a SAR and then go through the claiming procedure to write off the overdue balance (you may also get some interest if some of the charges are old and you have to go to court!) I would also send a letter of dispute (I think theres a template on here somewhere but if not let me know and I'll PM you one I used recently) Watch out for a default as they may ignore the dispute letter and do it anyway and then you will need to add the paragraph to your prelim, LBA, court claim etc. If they pass to DCA (which again they shouldn't as you are disputing the debt) a telephone call + follow up letter to the DCA should help.

HTH and good luck.

 

Ellie

Link to post
Share on other sites

Thank you for your reply you've given me some good advice. I was able to pay the £8.40 so the only outstanding debt is all made up of charges. I have looked in all the templates and related posts and I can't find a letter of dipute anywhere could you please pm me yours. i will then write to them as you suggested. once again thank's.

Link to post
Share on other sites

Thanks Ellie for this template. I hope you dont mind me posting it, as I think it may be usefull to others who may be following this thread.

Name & address of bank

 

 

date

 

Dear Sir or Madam,

 

ACCOUNT NUMBER: *********

 

I am writing with regards to the outstanding debt I have with (your bank)

After new information has come to light regarding bank charges, the debt is now in dispute as it is my opinion that this outstanding debt is made up of unlawful charges. These charges are disproportionately high and therefore they are contrary to the Unfair Terms in Consumer Regulations 1999. In addition I believe that the charges are a Penalty. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963 It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that these charges do not reflect any actual and or real loss.

 

Currently the debt stands at approximately £**** and upon resolution of the issue concerning charges the refunded sum will be paid direct to this account in an attempt to clear the amount due. If, upon resolution, there is still an outstanding balance I shall then enter into an agreement to repay the debt.

 

(your bank) will be receiving a letter requesting a full refund for all charges incurred. Should you not honour this request within the allotted timescale the dispute will be taken to court.

 

I would like to make you aware of The Office of Fair Trading Code of Guidance in which it states: putting pressure on debtors or third parties is considered to be oppressive. This includes:

 

  • Ignoring disputes about whether money is owed
  • Refusing to freeze action if the debt is in dispute.

I therefore hope to receive your full co-operation in this matter and would like to request a written response to that effect.

 

Yours faithfully

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...