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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
        • Like

Flor v MBNA (bmi)


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I have now sent the letter asking for the statements together with cheque and form of ID.

 

Fingers crossed! :)

**************************************************

Barclays current a/c: Settled £3,413.27 :D

 

HSBC: Settled £753.00. :-D

 

MBNA (bmi): Settled £580.00. :D

 

Egg Card: 16/11/06 Received letter -they will not pay the £200 charges nor remove default notice.

 

Please click the scales if I have helped you :)

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Hi Kidson,

 

I was told by a forum user that you need to send a copy of your driving licence or passport along with the cheque and letter requestig the statements (they were told this by MBNA). I have not sent this ID for any other claims and surely they have already satisfied my credentials? A bit annoying.

 

Has anyone else been asked to send ID? :?

 

Thanks

**************************************************

Barclays current a/c: Settled £3,413.27 :D

 

HSBC: Settled £753.00. :-D

 

MBNA (bmi): Settled £580.00. :D

 

Egg Card: 16/11/06 Received letter -they will not pay the £200 charges nor remove default notice.

 

Please click the scales if I have helped you :)

Thanks

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  • 1 month later...

I have received a letter (from Steve Bailey, Director of Customer Advocate Office) and document from MBNA listing all the charges -total £580.00. In the letter they offer me £240.00 as a goodwill payment.

 

I assume that I now send the letter telling them that I accept this amount as part payment and I continue to pursue the claim for the full amount.

 

Do I send this letter to Steve Bailey also or is there another contact for this stage?

 

Many thanks, :-)

Flor

**************************************************

Barclays current a/c: Settled £3,413.27 :D

 

HSBC: Settled £753.00. :-D

 

MBNA (bmi): Settled £580.00. :D

 

Egg Card: 16/11/06 Received letter -they will not pay the £200 charges nor remove default notice.

 

Please click the scales if I have helped you :)

Thanks

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Hi Flor

 

Send a letter back to Steve Bailey.This should help:

 

 

 

BANK NAME

Address

Address

Postcode

Re: Account number XXXXXXXX

Response to settlement offer.

 

Dear [named sender or Sirs]

Thank you for your letter dated xx/xx/xx

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £xxxx

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

My letter before action sent previously indicates that you have until xx/xx/xx to respond before Court action commences. You are reminded that there will be no extension to this timescale.

 

I trust this clarifies my position.

 

 

Yours faithfully

[signature]

Good luck

 

Ukaviator

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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Hi ukaviator,

 

Many thanks for your response -really helpful.

 

Just one further question, I did not send a LBA as the offer and letter came together with the statement. I am now not quite sure how to word my letter to them. Do I state that I give them 14 days to respond or I take action?

 

Thanks again! :)

Flor

**************************************************

Barclays current a/c: Settled £3,413.27 :D

 

HSBC: Settled £753.00. :-D

 

MBNA (bmi): Settled £580.00. :D

 

Egg Card: 16/11/06 Received letter -they will not pay the £200 charges nor remove default notice.

 

Please click the scales if I have helped you :)

Thanks

Link to post
Share on other sites

Sent modified LBA accepting their £240.00 offer as part settlement but requesting they pay the remaining £340. Total of claim £580.

 

They have till the 12th October to respond.

**************************************************

Barclays current a/c: Settled £3,413.27 :D

 

HSBC: Settled £753.00. :-D

 

MBNA (bmi): Settled £580.00. :D

 

Egg Card: 16/11/06 Received letter -they will not pay the £200 charges nor remove default notice.

 

Please click the scales if I have helped you :)

Thanks

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  • 4 weeks later...

I have just won the first of my claims!!!

 

Got home today to find the letter from MBNA that includes the following lines:

 

"However, as we would like to resolve this matter, we have credited your account with a further goodwill payment of £340. This is in addition with to the previous goodwill payment of £240 and is on the basis that this is in full and final settlement of your complaint. You will appreciate that this does not mean that we agree with your complaint."

 

Yippeee!! that's one down...a few more to go!! :D

 

Thank you CAG forum users for all the friendly and excellent advice.

 

Flor

**************************************************

Barclays current a/c: Settled £3,413.27 :D

 

HSBC: Settled £753.00. :-D

 

MBNA (bmi): Settled £580.00. :D

 

Egg Card: 16/11/06 Received letter -they will not pay the £200 charges nor remove default notice.

 

Please click the scales if I have helped you :)

Thanks

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