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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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    • 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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Office Of Fair Trading Test Case


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Hi Mistermind,

 

Yep, done all that. And told the court the same thign, but no one is budging - it's absoutely disgusting!!

 

 

Did you read the Daily Mail today (MONEY MAIL) the did a piece on Hardship cases and said that the banks are in breach of the waiver and that anyone concerned should complain to the FOS. Not sure exactly what they will do but it is worth a try!

DS

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Did you read the Daily Mail today (MONEY MAIL) the did a piece on Hardship cases and said that the banks are in breach of the waiver and that anyone concerned should complain to the FOS. Not sure exactly what they will do but it is worth a try!

DS

 

No, Ive not seen it. I'll have a look and now send another letter to the bank.

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Did you read the Daily Mail today (MONEY MAIL) the did a piece on Hardship cases and said that the banks are in breach of the waiver and that anyone concerned should complain to the FOS. Not sure exactly what they will do but it is worth a try!

DS

 

I'd be interested in reading that but can't find the artical on their site.

 

Was it definately today?

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I have had my stay lifted to be heard in February 2008. I wonder what this implies as to the OFT test case.

 

Also whilst I'm here, you may have seen the thread Xmas meet in London 24th November but if not, please check out and see if you can make it.

 

D

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Guest littlesally
Did you read the Daily Mail today (MONEY MAIL) the did a piece on Hardship cases and said that the banks are in breach of the waiver and that anyone concerned should complain to the FOS. Not sure exactly what they will do but it is worth a try!

DS

 

I am in the process of helping a street homeless man, who gets £50 weekly benefits, get a £38 charge back. The social were a day late paying in his benefits, which meant the money was not there for a standing order.

The bank said he needs to claim the money from the social as it is their fault.

He wrote a letter quoting the law re: benefits and charges they said they won't even consider the claim until after the OFT case!

 

Sally x

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I am in the process of helping a street homeless man, who gets £50 weekly benefits, get a £38 charge back. The social were a day late paying in his benefits, which meant the money was not there for a standing order.

The bank said he needs to claim the money from the social as it is their fault.

He wrote a letter quoting the law re: benefits and charges they said they won't even consider the claim until after the OFT case!

 

Sally x

 

Sally,

 

Have you seen this thread?

 

http://www.consumeractiongroup.co.uk/forum/general-debt/36790-bank-taking-your-benefits.html#post289030

 

Tide

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Guest littlesally

I hadn't seen that thread, but that was the next tactic we were going to try - play for sympathy. This is his first ever charge!

He did try phoning, going in etc before writing to them.

 

Thanks for that link,

Sally x

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  • 2 weeks later...

hi

please could you tell me whether anyone is still putting claims through. i have won a number over the past year, but have started 7 more and have received letters from them staying on hold until this test case completed. when will we know? should i still do ahead and try and claim?

HALIFAX: PRE 6 year claim 1991-2006 WON 21/3/07 £2616

CAPITAL 1 - WON 19/3/07 £800.22

CAPITAL 1 - WON 19/3/07 £325.75

AQUA - MCOL 2/3/07 £172.79

ABBEY - MCOL 2/3/07 £261.37

HALIFAX VISA - WON default removal 19/3/07

PARAGON - LBA 11/3/07

CABOT -SAR 26/2/07

ROCKWELL -OFFER 20/2/07

GMAC -MCOL 7/2/07 £189.85

WESTCOT - SAR 25/2/07

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Guest littlesally

Claims are still being paid out

http://www.consumeractiongroup.co.uk/forum/natwest-successes/114142-itsmee-natwest.html

That thread should give you some hope. Itsmee persevered inspite of being told to wait and no way would thet pay out, but they did!

I don't think it's the norm but there are still payouts happening.

Have a look at the **WON** threads for others.

Sally x

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I am not sure,that if they try to recover the debt,the stay will be lifted !!!!

 

The Leeds Mercantile Court Judgement of the 29 Aug, stated that any attempt by the Banks to 'enforce' the debt,then the stay would be lifted.However the question is..in legal terms what is 'enforcement of a debt'??

and it would seem the answer is (however I would be delighted if I'm wrong)that 'enforcement' means they cannot go through the Courts to recover...however they may still try other methods,irrespective of rights or wrongs,and that,as far as i understand,would not be enough to lift the stay.

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If your claim is stayed but the bank still try to recover any debt which includes penalty charges then you can apply to have the stay lifted & your case will proceed.

 

What if the bank sells the account to a DCA while putting your claim on hold re test case, but you haven't started court proceedings? They say it is legal to sell it as the account is not in dispute because the charges have not yet been proven unlawful.

 

Can you issue a court claim and if a stay is granted, state that the bank has already taken enforcement action by selling the debt while putting your own complaint on hold and that the amount sold included penalty charges therefore the stay should be lifted?

 

Re your statement, why will the claim proceed. Is this common law or does the court state this as part of the stay?

 

Just asking to get things clear.

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I put in the letters to the bank to claim back charges, got the statements, sent back the "you owe me....." letter. The reply i received basically said that the bank, (LTSB), will not investigate, or act upon my request until completion of the test case.

 

Am i dead in the water? or can i proceed with the claim?

 

Ta

 

Sharkey

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No. Proceed as normal. Your claim will most likely get stayed pending the outcome of the test case, but it will be accepted & it will continue to gather interest until the test case is over or a deal is done between the OFT & The banks.

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  • 2 weeks later...

when is the test case going to end? any ideas

HALIFAX: PRE 6 year claim 1991-2006 WON 21/3/07 £2616

CAPITAL 1 - WON 19/3/07 £800.22

CAPITAL 1 - WON 19/3/07 £325.75

AQUA - MCOL 2/3/07 £172.79

ABBEY - MCOL 2/3/07 £261.37

HALIFAX VISA - WON default removal 19/3/07

PARAGON - LBA 11/3/07

CABOT -SAR 26/2/07

ROCKWELL -OFFER 20/2/07

GMAC -MCOL 7/2/07 £189.85

WESTCOT - SAR 25/2/07

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when is the test case going to end? any ideas

 

The 34th of Julember most probably.. I can see this going on and on and on.. just like a duracell battery bunny.. only not as friendly!..

27th April - Requested Statements

13th May - Received Statements:D

15th May - Preliminary request for £4780 sent.:D

16th May - Royal Mail confirm Letter received.:D

23rd May - Received Letter considering claim. :grin:

30th May - Letter Before Action sent. :D

10th July - Times Up!! FOS claim going in.

16th July - Measly 30% of claim offered as goodwill

17th July - Rejected offer letter sent

25th July - Acknowledgement of Reject Letter received

26th July - Screwed over by the OFT,Banks, FSA & FOS all in one go.:evil:

Never even felt it happen.

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when is the test case going to end? any ideas

 

Depends what you believe.......

 

Q. What is the test case about and when will it happen?

A: The case is expected to start on the 14 Jan 08, subject to confirmation from the High Court, and will last eight to ten days. It’s important to understand this first stage will determine if the ‘Unfair Terms in Consumer Contract Regulations’ (UTCCRs) can apply to bank charges.

 

Bank Charges Reclaiming: How the OFT test case impacts you...

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The 34th of Julember most probably.. I can see this going on and on and on.. just like a duracell battery bunny.. only not as friendly!..

 

:lol: :lol: :lol: :lol: :lol:

[COLOR=#2e8b57][B][SIZE=1][U]Claimed & won so far[/U]:-[/SIZE][/B][/COLOR] [COLOR=#2e8b57][SIZE=1][COLOR=seagreen][U]Banks[/U]:- NatWest Personal £1000, Natwest Business £2000, Lloyds TSB Personal £1500, [U]Mortgages[/U]:-Central Capital (PPI) £500, Natwest MEAF £140 [/COLOR][COLOR=#2e8b57][U]Credit cards[/U]:- HSBC Gold card £365, Capital One £599.55 Barclaycard £1070 ( i only aske for £700) , Lloyds £500 [U]Catalogues[/U]:- Littlewoods Direct Flex Account £60 :D [/COLOR][/SIZE][/COLOR] [COLOR=#2e8b57][SIZE=1][B][U]For Friends[/U][/B]:- Natwest £1500, £1800 & £500, Cap One £600, Barclaycard £400, Solutions £100, Aqua, £105.[/SIZE][/COLOR] [COLOR=#2e8b57][B][U][SIZE=1][COLOR=seagreen]Pending:-[/COLOR][/SIZE][/U][/B] [COLOR=seagreen][SIZE=1]Barclays Bank Personal (On hold - Thanks a lot OFT) :mad:.[/SIZE][/COLOR][/COLOR]

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