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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.

PDE Overpayment

Guest Payday Survivor

By Guest Payday Survivor
in Payday Express/Wage advance/Cashtillpayday

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Guest Payday Survivor

Guest Payday Survivor

Posted
Posted (edited)

Guys,

 

A little issue with Payday Express i am trying to work out and could do with some advice.

 

I decided to pay off the remaining balance from my repayment plan with last month's wage but due to not cancelling the original standing order on time they received two payments.

 

I've asked them to refund the £25 overpayment and there's been no issues with that.

 

The problem is they insist on not only having the details of my post-payday bank details but they want a statement sent to them to verify the account before sending the refund.

 

There is no way i am giving any payday loan company, paid off or otherwise, my banking details. I have asked for a cheque to be sent to my home address but they have refused and insisted on my banking details.

 

Any advice on this?

 

Jamie :)

Edited by Payday Survivor
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renegadeimp

renegadeimp

Posted
Posted

Could always send them a formal letter of complaint, and state that if resolution isnt given in the form of a cheque in 14 days you will not hesistate to take them to court AND claim costs/interest.

 

They dont need your bank details, as they would be able to see your account details.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Guest Payday Survivor

Guest Payday Survivor

Posted
Posted
Could always send them a formal letter of complaint, and state that if resolution isnt given in the form of a cheque in 14 days you will not hesistate to take them to court AND claim costs/interest.

 

They dont need your bank details, as they would be able to see your account details.

 

Yeah,

 

I'm gonna get a formal complaint sent to them later today. Be glad to see the back of this lot 'cause they really were one of the hardest i had to deal with.

 

Thanks for the advice.

 

Jamie :)

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Guest Payday Survivor

Guest Payday Survivor

Posted
Posted

On reflection i'm just gonna write this £25 off.

 

Can't be bothered with the hassle. Had enough of that last year.

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renegadeimp

renegadeimp

Posted
Posted

Normally i would advise that you shopuld continue the chasing as if you dont then they will think what they are doing is acceptable. But i tend to agree with you, especially per the harassment youve had. You should at least get a full complaint into the OFT though so they have it on record.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Guest Payday Survivor

Guest Payday Survivor

Posted
Posted
Normally i would advise that you shopuld continue the chasing as if you dont then they will think what they are doing is acceptable. But i tend to agree with you, especially per the harassment youve had. You should at least get a full complaint into the OFT though so they have it on record.

 

I'll be dropping a little note to inform them but will add i'm reporting them to the OFT.

 

They probably were the toughest one to deal with when i defaulted.

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Guest Payday Survivor

Guest Payday Survivor

Posted
Posted

Yeah, i got some of them cleared with a full and final settlement and the rest sorted out on plans with little fuss.

 

Payday Express took a good two months to back down and give me a repayment plan. Had to go through their complaints procedure etc to get them to listen.

 

Money Shop were the same and considering these two are linked no surprise there.

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