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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.

OFT test case

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darling1

darling1

Posted
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I was confused to read on the martin lewis money tips newsletter that I should hurry and put in my claim before the outcome of the ruling - I thought that I was supposed to wait untill a rulling had been given before making any further claims - (for a friend and a family member!) DOH :confused:

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:D Halifax Bank...December 2006 ..... WON! 1 week after N1 filed.

:eek: Lloyds TSB....... April 2007 Lloyds TSB.....WON, 1 day before prelim. court date, still went before judge.

:p Nationwide.........April 2007 Nationwide.......WON, 3 weeks after N1 filed.

:rolleyes: Nat West....June 2007 (on behalf of friend) Settled after LBA and before filing.

:smile:HSBC - full settlement ...on behalf of my son...

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JOSH_IOU

JOSH_IOU

Posted
Posted

Hi Darling. His reasoning is the court are hearing cases on a first come first serve basis.

 

It is logical if you submit your case now then you will more than likely get a settlement much earlier.

"The only thing that interferes with my learning is my education." Albert Einstein

 

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car2403

car2403

Posted
Posted

Don't be disillusioned as to how these stayed cases will be dealt with.

 

With an estimated 1 million stayed cases already, they won't be dealing with them on a case-by-case basis once the outcome is known, IMHO.

 

I saw 7 claims dealt with in 20 mins on the same day, just a few days after the OFT TC stay was announced - and that was the Judge giving the Banks a hard time for FINALLY turning up to his hearings...

 

I wouldn't be surprised if they dealt with 20/30 of these in a single morning or afternoon sitting, just to get through them. (If they even get to Court in the end)

 

On the other hand, you could be losing out on 6+ years interest on charges applied due to a Statutory bar on reclaiming charges taken over 6 years ago - unless you claim has already been issued, of course! :D So - get issuing!

 

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Guest vortex

Guest vortex

Posted
Posted

The OFT has never asked for a stay from the courts. They have never contacted the Master of the Rolls for a blanket stay either. Unfortunately Judges have taken up themselves to allow the stays to be granted.

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car2403

car2403

Posted
Posted
The OFT has never asked for a stay from the courts. They have never contacted the Master of the Rolls for a blanket stay either. Unfortunately Judges have taken up themselves to allow the stays to be granted.

 

While factually correct, I disagree with this.

 

In practise senior Judges tell inferior Judges what to do - and they do it!

 

The Master of the Rolls hasn't applied a stay, but if a Judge senior enough does it's a case-closed affair as none of the "inferiors" want to rock the boat.

 

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Guest vortex

Guest vortex

Posted
Posted

.....although we have seen albeit isolated cases in england and recently in scotland where the judges did not impose a stay on the cases heard.

There is no evidence of a senior Judge having a knock on effect. BUT i think we can both agree that the effect of the OFT test case was that stays were being granted in almost all bank charge cases.

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JOSH_IOU

JOSH_IOU

Posted
Posted

is the feed online?

 

Is there any one reading this thread with influence over the facilities in the room?

"The only thing that interferes with my learning is my education." Albert Einstein

 

"No-one can make you feel inferior without your consent" - E. Roosevelt

 

 

Don't lie, thieve, cheat or steal. The Government do not like the competition.

 

 

All advice is offered without prejudice.

We are being sued for Libel. Please help us by donating

 

Please support the pettition to remove Gordon Brown as he was not elected primeinister. He was elected Party Leader something completely different.

 

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Guest vortex

Guest vortex

Posted
Posted

Thanks Bookworm, I stand corrected on that specific case and very interesting case in point in Brighton. Judge Simpkiss does not seem to know the OFT test case at all at that point in time.

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Bookworm

Bookworm

Posted
Posted

Sadly, it is not just that one.

 

I had one bank case stayed despite the bank not complying with judge's order, and despite the fact I had requested that the defence be struck off and summary judgment awarded before they applied for the stay. The judge saifd "she had had her orders from high on above". Even the barrister sent by the bank (himself claiming charges back elsewhere, lol) said to me afterwards that he thought that was unfair. :-(

 

When I went to court over B/card charges, the judge was all ready to stay the case and would have done so if the barrister hadn't said: "No, actually, we are settling".

 

The evidence is sadly all over the forum. :-(

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psm

psm

Posted
Posted

I recollect that a Lord Justice Bick-Moor wrote to DJ's stating that all non listed cases should be stayed and that listed cases should be dealt with on a case by case basis. It is probably the case that DJ's at individual courts saw the opportunity to clear a major case backlog by staying all listed cases as well IMHO.

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Ladidi

Ladidi

Posted
Posted

Hi Everyone

 

Does anyone know if the "Test Case" has actually started yet?

I have been checking all over and saw that it was delayed and was meant to begin as of yesterday, but no news as to what is happening :confused:

 

I just wish it was all done and settled in favour of the consumer at least then we can all begin 2008 properly..new start..pay off bills..and NO Mr Bank Manager stealing our hard earned dosh!!!!!

 

What wishful thinking, I am doing :p

Ladidi

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johnnymitch

johnnymitch

Posted
Posted

The case has been adjourned for a couple of days because the judge has a prior trial which has over-run, ladidi.

 

Just a case of wait and see at the moment.........:)

 

 

PS I've just been informed that the case starts this morning at 10.30 according to the OFT.........:rolleyes:

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Guest The Grinch

Guest The Grinch

Posted
Posted
The case has been adjourned for a couple of days because the judge has a prior trial which has over-run, ladidi.

 

Just a case of wait and see at the moment.........:)

 

I think you'll find its starting today

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Guest The Grinch

Guest The Grinch

Posted
Posted

Also, Are any senior members of CAG attending? Dave, BF or any mods.

I have seen that a few other sites have people reporting, are we doing the same?

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dave

dave

Posted
Posted

Nah - I wish I could. I have to go to work to pay the bills sadly! If they held it at night I could probably make it!!

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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stonedecroze

stonedecroze

Posted
Posted
Which sites please do you know?

 

 

you could sign up for google alerts re test case:D

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jonni2bad

jonni2bad

Posted
Posted
Also, Are any senior members of CAG attending?...

 

I guess they are simply content in the knowledge that others will now be witnessing the culmination of 2 years of their very hard work.

 

Along with penaltycharges and MSE, they have a lot to be proud about and I guess they don't mind if anyone else wishes to give the impression that they are now pivotal to events.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Guest The Grinch

Guest The Grinch

Posted
Posted
I guess they are simply content in the knowledge that others will now be witnessing the culmination of 2 years of their very hard work.

 

Bit of a let down if you ask me, As you say they have done 2 years hard work, then cant be there at the end to witness "the culmination of 2 years of their very hard work"

 

Looks like the other sites that have got people at the case will be getting busy today.

 

Along with penaltycharges and MSE, they have a lot to be proud about

 

Are these some of the sites THAT are in attendance?

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