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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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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    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Wonga Loan - Credited my account twice

Jay24888
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Jay24888

Jay24888

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Hi all, this seems like a great community that can help me!

 

Basically on the 23rd February I needed £200. So I got a wonga loan just until I got paid on 26th February. I needed to repay £211.63. That was fine, 26th of February came and I checked my bank to find out Wonga had taken TWO payments of £211.63 out of my account. Furious I contacted them to speak to the supervisor he appologized and said he would refund the payment in the afternoon. So they did BUT apparantly (I didn't know) they credited my account with TWO payments of £211.63. I didn't even know until I just got a call from Tariq of the fraud department today saying I have to pay it back at the end of the month!! He also said it will affect my credit as an outstanding debt!

 

Surely I have rights, as this was not my fault. I personally do NOT have £211 to give them at the end of the month and I told him this, which he replied "Well you spent the money".

 

What can I do? What are my rights?

 

Many Thanks for any replys, James.

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Jay24888

Jay24888

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They said they contacted my bank and agreed it, so I assume thats how they found out. Plus I checked my bank online and I can see they did.

 

The answer to your question is no however.

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robjam1969

robjam1969

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Hi Jay

 

This will probably end up being hard work. If they they have given you the money they will want it back. However if paying back in one go is an issue you will need to 'lose' your debit card as they will help themselves without telling you. They may even take more to cover their costs.

 

They are rude and you have had experience of their attitude. I would offer to pay it back in instalments that you can afford. As this was an overpayment by them I doubt any court in the land will let them add interest etc. I would be quite forceful in writing to them.

 

I doubt they want to deal with this in court. Oh by the way I would complain in writing and state that only a reasonable/acceptable reply will stop you complaining to the FOS.

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Jay24888

Jay24888

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Many thanks, so you suggest writing a stern letter stating I will pay back in instalments?

 

The only problem with this, would it affect my credit as an outstanding debt (even though it was their fault). I am 20 and am building my credit for a bank loan to start my own internet buisness. So any mishap will delay this even further than need be.

 

I appreciate your time for replying.

 

PS- Would anyone reccommend lieing and saying I had direct debits on that day and because they took the money out twice in the first place I owed bank charges. Or can they check that out.

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robjam1969

robjam1969

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Hi Jay

 

I would stick to the truth. In any event they won't be interested in any hardship (even if it was true!)

 

As for your credit file you could request a copy and check that they have not recorded any adverse info. You can of course make it a condition of paying them back.

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Jay24888

Jay24888

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I have checked my online experian credit file and nothing has been recorded so far.

 

However if I decide to pay them in instalments can they class this as outstanding debt? I currently am £0 in debt and never plan to be! Plus as I was saying about getting a buisness loan this would delay it.

 

Thanks rob your a great help.

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