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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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    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      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.

Beckett v Citicards***WON***

TBeckett100
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lancasterchelsea

lancasterchelsea

Posted
Posted

what the hell is avers...... I got that

avers nice day

anyone for avers

pass the avers

if you have a poor argument, try to obfuscate the truth

KBO

If you can't fight, wear a big hat.

 

Halifax... 2 successful claims....£518

 

CitiCards..... judgement and cheque (26/7/07) .... won £900

 

RBS business..... .....stay lifted reissued N1..... won £2105

 

Midland1 business.1996/1997.. first letter (27/6/07)....£1470

 

First Direct...... first letter (30/6/07).... £839.... stayed

 

plus another 13 banks/business/cc's to come for £10,000 plus.

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Enron

Enron

Posted
Posted

Bristol speak me babber.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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TBeckett100

TBeckett100

Posted
  • Author
Posted

just had an email saying my claim has been transferred to Reading County Court. Here we go then. I wonder if Citi will try and transfer the case to Salford despite the HQ being in Reading?

Halifax WON X 2, Northern Rock WON, Capital One WON, Marbles WON, HSBC WON

On the 25th october I will be filing a claim for £175.00 Citicards. Just watch it!

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TBeckett100

TBeckett100

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forget avers, i am still coming to terms that the claimant (me) has been levying myself penalties according to the defence.

Halifax WON X 2, Northern Rock WON, Capital One WON, Marbles WON, HSBC WON

On the 25th october I will be filing a claim for £175.00 Citicards. Just watch it!

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gizmo111

gizmo111

Posted
Posted
just had an email saying my claim has been transferred to Reading County Court. Here we go then. I wonder if Citi will try and transfer the case to Salford despite the HQ being in Reading?

 

I have no doubt they will - but address it in your AQ as they will -

 

NO SECRET HEARINGS IN SALFORD.

Consumer Health Forums - where you can discuss any health or relationship matters.

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Enron

Enron

Posted
Posted

Standard Citi AQ in all cases, waiting for my case to come back from the judge before I get a copy of the AQ they submitted in my case.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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TBeckett100

TBeckett100

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My AQ arrived today. i have no holidays left this year so will file on the 11th hour and ask for the case to be heard Jan. cant believe they are not paying up the remaining £100 favouring the long game.

 

i feel like writing to do a deal with them, 50% of the balance in full and final.

Halifax WON X 2, Northern Rock WON, Capital One WON, Marbles WON, HSBC WON

On the 25th october I will be filing a claim for £175.00 Citicards. Just watch it!

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gizmo111

gizmo111

Posted
Posted
My AQ arrived today. i have no holidays left this year so will file on the 11th hour and ask for the case to be heard Jan. cant believe they are not paying up the remaining £100 favouring the long game.

 

i feel like writing to do a deal with them, 50% of the balance in full and final.

 

This is citi all over - most hearings seem to be getting listed for next year now anyway - beware that on their AQ they will ask for a secret hearing in Salford - pre empt their request when you file your AQ

Consumer Health Forums - where you can discuss any health or relationship matters.

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  • 1 month later...
TBeckett100

TBeckett100

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it was several weeks ago that i thought it was best to just write to them and ask for my £30 court fee back and cancel action. they sent a cheque and i banked it. previously they had paid the diff between the 12 and 25 pound.

 

in the meantime, i received the court date today for March. do you think i should cancel the court or let it rund for a few weeks to see if citi do pay up the rest?

Halifax WON X 2, Northern Rock WON, Capital One WON, Marbles WON, HSBC WON

On the 25th october I will be filing a claim for £175.00 Citicards. Just watch it!

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e28bigalbexley

e28bigalbexley

Posted
Posted
why do you want to cancal court date??

Very Good point why do you only want less than half your money back

-------------------------

CAPITAL ONE * SETTLED*31st Oct 06

HBOS *SETTLED* 8th Oct 06

WOOLWICH *SETTLED*12thJan2007

Monument (Barclays) *SETTLED*10thMar2007

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gizmo111

gizmo111

Posted
Posted

HAng on - are you saying that you agreed to settle with Citi for what they had already paid you if they reimbursed your court fee? If this is the case and you have cashed a chq for the court fees refund then you must inform the court.

If Citi have settled there is no way any delaying on your part will make them.

Just out of interest - why did you decide to not carry on with this?

Consumer Health Forums - where you can discuss any health or relationship matters.

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TBeckett100

TBeckett100

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well after a few cases it seemed i would only get awarded what i had already received. still £91.00 plus £30.00 court fee so not too bruised. not sure why they gave up fighting. still have barclaycard to work on now

Halifax WON X 2, Northern Rock WON, Capital One WON, Marbles WON, HSBC WON

On the 25th october I will be filing a claim for £175.00 Citicards. Just watch it!

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e28bigalbexley

e28bigalbexley

Posted
Posted

So what were you originally charged in penalties and how much did you get back because it sounds like you have settled for £8-13 as opposed to 15/20/25 plus interest you could have got.

Sorry I'm confused but could you enlighten us.:confused:

 

And as Gizmo has pointed out have you cancelled the court action(this is of course for your benefit) and a thank you to Gizmo would have been nice

 

AL:)

-------------------------

CAPITAL ONE * SETTLED*31st Oct 06

HBOS *SETTLED* 8th Oct 06

WOOLWICH *SETTLED*12thJan2007

Monument (Barclays) *SETTLED*10thMar2007

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gizmo111

gizmo111

Posted
Posted
well after a few cases it seemed i would only get awarded what i had already received. still £91.00 plus £30.00 court fee so not too bruised. not sure why they gave up fighting. still have barclaycard to work on now

 

Bit confused now - I thought you gave up the fight not them?

Consumer Health Forums - where you can discuss any health or relationship matters.

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meagain

meagain

Posted
Posted

Part settlements usually aren't binding unless they give you something that isn't already yours, but if they've repaid your court fee as well, this may well make the settlement binding.

 

For safety's sake more than anything else, you should probably withdraw the claim.

HSBC • Lloyds TSB • contractual interest • New Tax Credits • coming for you? • NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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  • 2 months later...
TBeckett100

TBeckett100

Posted
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just wanted to update you all. A while back it looked like cases were going to court and having received the difference between £12 and the charges, i said i would cancel the action if they paid me the court fee which they did.

 

I left it a while, got a court date for the end of march and i cancelled it. However now I come home to find that Citicards have sent me £180 cheque, the balance of my claim. a wonderful surprise!

Halifax WON X 2, Northern Rock WON, Capital One WON, Marbles WON, HSBC WON

On the 25th october I will be filing a claim for £175.00 Citicards. Just watch it!

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Enron

Enron

Posted
Posted

A mistake on their part?

 

I would be inclined for others not to do likewise, as your more than likely going to get nothing if you cancel your claim.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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TBeckett100

TBeckett100

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i think all refunds are scheduled for nr the court date and never reviewed again

Halifax WON X 2, Northern Rock WON, Capital One WON, Marbles WON, HSBC WON

On the 25th october I will be filing a claim for £175.00 Citicards. Just watch it!

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Enron

Enron

Posted
Posted
i think all refunds are scheduled for nr the court date and never reviewed again

 

Nope, unfortunately Citi are on the few banks that will take it as far as possible i.e. they'll definately hire representation and see you in court.

 

It's happened to everyone so far without exception, I just think you've been lucky in your case.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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