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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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      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.

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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.

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blackstar500

By blackstar500
in Other Institutions

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blackstar500

blackstar500

Posted
Posted

I received an email from Next Directory and it states

 

 

"We will charge you a late payment fee of £5.00 if your account is two months in arrears" which is reasonable

 

The fees used to be in region of about £15.00 - £20.00 for every missed payment

 

 

KEEP UP THE FIGHT

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BankFodder

BankFodder

Posted
Posted

It is more reasonable but if it exceeds the actual cost then it is disproportionate and is invalid.

 

Still a substantial improvement.

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blackstar500

blackstar500

Posted
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Posted

The email was sent dated 20/03/06 but will effective from the 14/04/06

 

 

 

 

FULL TEXT AS RECEIVED

 

New changes to the terms and condition of your next account.

Advance payment

 

 

We will charge an advance payment of £3.50 on first order.

 

 

We will charge an advance payment of £3.00 on first order.

 

 

We may ask you to pay £3.00 in advance when you place your first order.

 

Key Information

 

 

Default Charges

 

 

Will remain unchanged

 

 

The following will be added:

 

We will charge you a late payment fee of £5.00 if your account is two months in arrears.

 

 

You will be charged £5.00 if you have not paid the amount required on your account for two months.

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martinwhite

martinwhite

Posted
Posted

This is still invalid as a late payment penalty, as it costs them nothing (certainly not a fixed fee) to administer a late payment they haven't received.

 

They should, surely, be saying that 8% will be charged once you are two months overdue.

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martinwhite

martinwhite

Posted
Posted

But if I buy a pair of socks and put it on the card, and then don't pay on time, what have they lost, apart from the interest? What is the fixed fee for? :?

 

I agree that it would be uneconomical to sue for each breach, but these principles are always tested at the lower limits. :wink:

 

Mind you - we should not get sucked into a game where the banks insist that we come up with a solution. That's their responsibility, as long as its legal and fair.

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tempest

tempest

Posted
Posted

If anyone from Next is reading.

 

Tomorrow I will be cancelling that nice glass table and chairs I ordered.

 

You just an lost an order for over 1.2K, suggest you change your view of a customer.

 

My conservatory will just have to have plants.

 

d.

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BankFodder

BankFodder

Posted
Posted
If anyone from Next is reading.

 

Tomorrow I will be cancelling that nice glass table and chairs I ordered.

 

You just an lost an order for over 1.2K, suggest you change your view of a customer.

 

My conservatory will just have to have plants.

 

d.

More space for Strelitizia?

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  • 12 years later...
blackstar500

blackstar500

Posted
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Posted

This topic was closed on 03/07/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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Thread Locked

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Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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