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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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      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.

Bookie does Capital1 **WON**

Bookworm

By Bookworm
in Other Institutions Successes

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Bookworm

Bookworm

Posted
Posted

About time I got a thread going on this, although it's not the most exciting one ever. :razz:

 

£72, not huge amounts, but on a credit limit of £400, it's a fair chunk, and it stems from their cash advance fee which took me over by about 50p, so... Methinks they're taking the proverbial here. :mad:

 

Anyway, prelim and LBA have been and gone and the sod-off replies have been received, they seem to think that because all the charges were £12 ones, they don't have to repay me. Ah ah ah, fools. :razz:

 

So I need to start my County court claim, but I don't have the £30 needed until May 2nd, when DH gets paid, so they're getting a short reprieve.

 

To be updated soon. ;-)

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citizenB

citizenB

Posted
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subscribing:)

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ukaviator

ukaviator

Posted
Posted

I won't wish you luck Bookie, you won't need it. They will roll over after a while.

 

I have the latest T&C's if they start getting silly. .

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sea-sidelady

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Good to see you have another on the go, wouldn't want to see you getting bored. :p

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  • 1 month later...
Bookworm

Bookworm

Posted
  • Author
Posted

As usual the worst to keep to my timetables, only got round to filing yesterday.... just as well as I found another charge which had somehow completely escaped my scrutiny.

 

So, £84 + interest on charges + 8% APR + court fee = £133 and pennies.

 

Now we wait. :-)

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citizenB

citizenB

Posted
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Great stuff , Bookworm :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 3 weeks later...
Bookworm

Bookworm

Posted
  • Author
Posted

Damn, spoke too soon. :mad:

 

Went to court to hand in form for judgment, I asked to check the file just in case, and what do you know, it had been acknowledged! And then of course, when I came home, postman had been and I had the AoS in there. :rolleyes:

 

Ah well.

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citizenB

citizenB

Posted
Posted
Damn, spoke too soon. :mad:

 

Went to court to hand in form for judgment, I asked to check the file just in case, and what do you know, it had been acknowledged! And then of course, when I came home, postman had been and I had the AoS in there. :rolleyes:

 

Ah well.

 

What rotten luck Bookworm. :(

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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ukaviator

ukaviator

Posted
Posted

They very rarely don't acknowledge. You should get a letter very soon Bookie with your refund.

WARNING TO ALL

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Bookworm

Bookworm

Posted
  • Author
Posted

I have to say I was surprised, but just thought they had slipped on this occasion.

 

Do you know, with all the financial institutions I have pursued, I have never won by default? Umpteen out-of-court settlements, 1 stay, 1 settlement literally going into the courtroom (and leaving 5 mns later) and 1 outright victory in court. An easy win by default would have been nice for once. :razz:

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  • 2 weeks later...
Bookworm

Bookworm

Posted
  • Author
Posted (edited)

Deadline for filing defence is tomorrow, and today THE letter came. :-D

 

It is denied that charges are unlawful, only levied when customers breach contract, they have acted in accordance with T&C and it is clear that I have no claim against Cap1.

 

Whilst they do no accept liability, they have in an effort to resolve thismatter without the need for a court hearing, refunded in full to my account.

 

These refunds are made purely as a GOGW and they will now defend this claim on the basis that they have refunded the full claimed amount [:-?]

 

Once claim is settled they may still add charges if we go over, bla bla blah... And if we can't abide by those T&Cs, maybe we should close our account.

 

That's it, apart from the fact that we get reminded that's it up to us to tell the court we are discontinuing our claim, but they have writtento them anyway to tell them they have paid up.

 

So one more Mexican_wave.gifMexican_wave.gifMexican_wave.gifMexican_wave.gif to me. :-D

Edited by Bookworm
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citizenB

citizenB

Posted
Posted

Absolutely fantastic news Bookworm :D

 

Pleeeeeeease, where did you get your wavey people smilies from

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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ukaviator

ukaviator

Posted
Posted

Congratulations Bookie . . .

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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citizenB

citizenB

Posted
Posted

Thank you Bookworm, much appreciated. :D

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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