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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 
      • 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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lloydstsb credit card ppi


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Sorry Cougar, it is for bank charges.

 

You know they won't comply with that request, but worth a try.

 

Hello HHNF. . .

WARNING TO ALL

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Sorry Cougar, it is for bank charges.

 

You know they won't comply with that request, but worth a try.

 

Hello HHNF. . .

 

hi uka

 

are you talking about the third part or all of it? lol

 

to be honest with you, i dont mind if they dont comply because, i would find that suspicous, as will the judge (fingers crossed)

 

many thanks cougar

 

p.s hi bb

Lloyds TSB Acc Charges - Settled 08/02/2007:D

 

Alliance & leicester - PPI Removed from loan :)

Lloydstsb Credit Card PPI - Getting both barrels now:wink:

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Pretty much all of it Cougar. They won't comply, sending in details of bonus payments of their sales staff is sensitive material.

 

I asked for training documents from Capital One a while back, to make sure their staff had adequate training in PPI etc, no a peep out of them.

 

They have since said that they will be sending a Barrister to my collegues hearing in October, to sort us out. . . :cool:

 

Should be fun. We will post everything up after the case has been heard, as they are monitoring everything here.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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UK what a genius idea, requesting staff training docs using a CRP 18 request. I shall make a note of that one for use with another organisation in a PPI claim who I imagine will not comply as they don't have any either ... :)

 

Sorry to jump in on this so late, but I've used the CPR 18 with Barclaycard to obtain docs that they were tardy in forwarding. They didn't comply with the request, instead folding and paying up before the court date.

 

To clarify, my CPR request was worded thus:

Date

Request for documents

Dear Sir or Madam

 

I have on (date( issued a small claim in the X Court against X for the return of (description).

 

Pursuant to Pre-Action Protocol 4.6© of the Civil Procedure Rules, I would be grateful if you could forward to me as a matter of urgence the following documents:

 

1.) A true copy of

2.) etc

 

I look forward to your compliance in this matter.

 

Yours faithfully

 

Name

 

CC The Court Manager

X Court

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UPDATE,,...

I sent the statement off that i had to,..and also enclosed the cpr part 18 request for information.

And Ive recieved an offer in the post today for about half of the total claim including 8% interest.

So,. ill be sending them a refusal letter asap, informing them that i require total amount including contractual interest. :-D

Lloyds TSB Acc Charges - Settled 08/02/2007:D

 

Alliance & leicester - PPI Removed from loan :)

Lloydstsb Credit Card PPI - Getting both barrels now:wink:

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UPDATE,,...

I sent the statement off that i had to,..and also enclosed the cpr part 18 request for information.

And Ive recieved an offer in the post today for about half of the total claim including 8% interest.

So,. ill be sending them a refusal letter asap, informing them that i require total amount including contractual interest. :-D

 

Hello Cougar,

 

Progress at last:grin:

 

Hey don't send them a refusal letter, send them a letter accepting their offer as part settlement, but you will pursue them for the rest:grin: to resolve your complaint

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hello Cougar,

 

Progress at last:grin:

 

Hey don't send them a refusal letter, send them a letter accepting their offer as part settlement, but you will pursue them for the rest:grin: to resolve your complaint

 

Ok thanks hhnf

progress is slow but we are getting there :wink:

Lloyds TSB Acc Charges - Settled 08/02/2007:D

 

Alliance & leicester - PPI Removed from loan :)

Lloydstsb Credit Card PPI - Getting both barrels now:wink:

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  • 4 weeks later...

Hey Cougar,

 

Any update on this please:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hey Cougar,

 

Any update on this please:D

 

hi hhnf:)

 

in court again tomorrow, sorry for not updating,..

 

they have been so slack getting me all the info.

 

firstly they asked for more time to supply a witness statement, so i made a trip to court to supply information that i sent the letter special delivery and they recieved it much earlier than they said.

the judge gave them more time anyway.

 

now they have provided the statments 2 days ago,..and a letter stating that the reason is becuase the account manager was on annual leave and couldnt sign the statment,....(first reaction ,...REALLY,..so how did he make a witness statment??)

 

I am completely fed up with them and so, i hope, is the judge.

 

I have so many issues with their conduct, it is hard remembering it all, talk abouyt abusing the court process!!:mad:

 

 

Also the court have said to allow 2 and a half hours for the case to be heard. I find this hard to beleive as they have also said the case is block listed with an hour slot for my case.:confused:

Lloyds TSB Acc Charges - Settled 08/02/2007:D

 

Alliance & leicester - PPI Removed from loan :)

Lloydstsb Credit Card PPI - Getting both barrels now:wink:

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Hello Cougar,

 

You are truely on the right side of this now:D. Have you done a list for yourself to prompt your strong points of arguement:D

 

Do not allow the others side's barrister to undermind your confidence before you go in front of the judge. Tell them the only conversation you will have with them is to settle the matter on your terms:D ie the cough up the money.

 

 

Take a deep breath and think before you speak:-D

 

I will be thinking of you and wishing you good fortune and success:-D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hello Cougar,

 

You are truely on the right side of this now:D. Have you done a list for yourself to prompt your strong points of arguement:D

 

Do not allow the others side's barrister to undermind your confidence before you go in front of the judge. Tell them the only conversation you will have with them is to settle the matter on your terms:D ie the cough up the money.

 

 

Take a deep breath and think before you speak:-D

 

I will be thinking of you and wishing you good fortune and success:-D

 

hi again hhnf

 

just got back. i did get a pay out, but not what i was anticipating.

 

the claim was split into two parts firstly the initial application was signed for and so she saw no reason to assume that those charges were unlawfully taken.

the second part she said was obviously not legal. and therefore awarded those charges plus interest.

This is the part that makes me a bit angry.

she went on to say that the actual amount of interest charged on those payments was actually not 27.9 and therefore said she would only award what i had actually been charged which is in the region of 15%.

 

im thinking that because i did not have those calculations to hand for the duration of the claim and also the rate of 15%, she decided it would be easier to award 8% on the entire claim, and then to rub salt in, the barrister said that would mean i would be over compensated on certain parts more than others, so he sdvised she split the amount of interest in half like they do in personal injury claims.

 

so i actually got 4% on half the amount i claimed????

 

they now have 28 days to pay up. Although im strongly considering appealing on mathmatical grounds!!

Lloyds TSB Acc Charges - Settled 08/02/2007:D

 

Alliance & leicester - PPI Removed from loan :)

Lloydstsb Credit Card PPI - Getting both barrels now:wink:

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so i actually got 4% on half the amount i claimed????

 

they now have 28 days to pay up. Although im strongly considering appealing on mathmatical grounds!!

 

HEY ,..After a bit of a sulk i have calmed down only to realise that actually i now see what they are saying.

 

Ive just done the calculations, and actually 4% on the whole amount is actually the same as 8% calculated daily all bar about £100. so all is not lost.

 

I feel much better for knowing that,..and i know claiming the extra interest would be nice, but its done now and i just have to except it.:)

 

HHNF ONCE AGAIN YOUR A STAR, SORRY I DIDNT THANK YOU EARLIER.

I would never have had the stomach for all this without your constant support and advice. The court process is enough to drive anyone mad.

 

And maybe i didnt get what i wanted but i now have invaluable knowledge into the justice system and what to expect the next time an institution crosses my path!!

 

BRING IT ON !!

 

thanks to all who posted on this thread,..LONG LIVE CAG!!

Lloyds TSB Acc Charges - Settled 08/02/2007:D

 

Alliance & leicester - PPI Removed from loan :)

Lloydstsb Credit Card PPI - Getting both barrels now:wink:

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HEY ,..After a bit of a sulk i have calmed down only to realise that actually i now see what they are saying.

 

Ive just done the calculations, and actually 4% on the whole amount is actually the same as 8% calculated daily all bar about £100. so all is not lost.

 

I feel much better for knowing that,..and i know claiming the extra interest would be nice, but its done now and i just have to except it.:)

 

HHNF ONCE AGAIN YOUR A STAR, SORRY I DIDNT THANK YOU EARLIER.

I would never have had the stomach for all this without your constant support and advice. The court process is enough to drive anyone mad.

 

And maybe i didnt get what i wanted but i now have invaluable knowledge into the justice system and what to expect the next time an institution crosses my path!!

 

BRING IT ON !!

 

thanks to all who posted on this thread,..LONG LIVE CAG!!

 

Hello Cougar,

 

I am glad you are a bit happier with the result:-D and don't forget how brave and clever you where to start this process in the beginning and you took them to the wire and won:grin:

 

Don't forget to post on the success thread

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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