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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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      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.

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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.

Dispute over CPA with RBS

sarahtherunner
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sarahtherunner

sarahtherunner

Posted
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Last payday, CFO took about £500 out of my account. My loan with them was paid back via an old debit card, from a different bank. I can only assume they got my card details from a third party.

RBS were very unhelpful at first, stating that because I owe them money, they can take what they want! I am disputing what they have taken anyway as it is way more than capital and a month's interest. They took further payments following me ringing them. The card dispute team agreed to "put a monitor on the card" and said they would check my account monthly. They promised me that no more payments would go to them.

Well guess what? They have taken another £288 out of my account on the 27th March!

I'm still waiting the outcome of the complaint I made (in writing), which they have said they will respond to by 4th April. I sent the guidelines on debit card payments with the complaint, as I don't think they seem to abide by them. I'm also contacting card disputes again tomorrow.

What happens next? Do I have to wait until RBS "monitor" the account and will they then refund the money? Anyone had success with this bank? I am sure I will get some or all of the money back, but is this going to be a fight or not?

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renegadeimp

renegadeimp

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State the FSA regulations to them and demand full chargebacks and issue a full complaint to the OFT and FOS/FSA.

 

Have a read of post #1 at : http://www.consumeractiongroup.co.uk/forum/showthread.php?336569-How-to-remove-a-lender-s-continuous-payment-authority(1-Viewing)-nbsp

 

This is UK LAW not bank policy that they think they dont have to adhere to.

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

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renegadeimp

renegadeimp

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You need to put it in writing and go to your nearest branch and get them to copy, sign, date and stamp it. You keep the copy, they keep the original. I would also advise you to set up a parachute account to safeguard your money.

 

Too many banks think the law doesnt apply to them, and they get away with it because hardly anyone makes complaints to the regulators. There is a law made in 2009 that covers you here, yet banks think it doesnt apply to them.

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

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renegadeimp

renegadeimp

Posted
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If they were unauthorised transactions, yes, you can get ALL of them back.

 

The bank will tell you that you cant, but under law, you can.

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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renegadeimp

renegadeimp

Posted
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You must complain to the OFT and FSA. FOS only usually get involved when you have exhausted the banks and lenders complaints procedures or 8 weeks have elapsed since you issued the complaint.

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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renegadeimp

renegadeimp

Posted
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Infact, i would recommend emailing the CEO of the bank direct and get his guys to sort it out. Make sure you quote what is in that link in post #2. Make sure to get copies of the pdfs as well.

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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  • 2 months later...
sarahtherunner

sarahtherunner

Posted
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Sorry for the delay in updating. I got a full refund at the end of April after waiting a while to get it sorted. CFO took a couple more payments after my complaint but these got refunded the same day after I advised the back to refuse them.

Stick to your guns people and quote the law as they don't seem to always follow it!

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renegadeimp

renegadeimp

Posted
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Did you make a complaint to the OFT about CFO?

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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renegadeimp

renegadeimp

Posted
Posted

You still need to get a complaint in, otherwise the OFT will think CFO are the perfect business.

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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