Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


  • Tweets

  • Posts

  • Our picks

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

      BankFodder posted a topic in Vehicle retailers and manufacturers,

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

      Picked By

      BankFodder,

    • 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 
      • 81 replies
      BankFodder

      Picked By

      BankFodder,

    • 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
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • 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
        • Like
      BankFodder

      Picked By

      BankFodder,
    View All
Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Beneficial Bank

jamesdryan

By jamesdryan
in HFC (Household)

 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6579 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

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

 

Thanks

Recommended Posts

jamesdryan

jamesdryan

Posted
Posted

I had a credit card with BEneficial, sent preliminary letter which recieved a f**k off response and then sent LBA.

 

No reply to that so am due to start court claim today.

 

However this is the address in the letter i received from them:

 

Clare Plummer

PO Box 3607

Birmingham

B1 2XJ

 

I can't claim against this address can i?

 

Should i use the HFC registered office address?

 

help!!

Link to post
Share on other sites
Spiceskull

Spiceskull

Posted
Posted

Hi,

 

I would use the address of where you sent your first letter to, and hopefully this is local to you. If they wish to shuffle letters internally that is up to them.

 

The benefit of staying local is that you would not have far to travel to court in the unlikely event they did not settle beforehand.

 

Good luck, and keep us posted.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites
Spiceskull

Spiceskull

Posted
Posted

I'm not sure that you can use PO boxes on a claim, because there would not be a person to receive it when it is issued - it might be better to use the head office after all.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites
Spiceskull

Spiceskull

Posted
Posted

I would use whichever office/address you usually use to correspond with them, just so long as this is not a PO Box address. The claim will need to be issued to a 'real' person in a 'real' building.

 

If the registered office fits this bill, then use that address.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites
jamesdryan

jamesdryan

Posted
  • Author
Posted

I am going to phone Clare Plummer and see if i can get an address for her directly. At least then i could serve the claim on a proper individual.

 

P.s. I am assuming then using MoneyClaim, i would be serving a claim against an Individual?

Link to post
Share on other sites
Spiceskull

Spiceskull

Posted
Posted
P.s. I am assuming then using MoneyClaim, i would be serving a claim against an Individual?
Not at all - you are issuing the claim against the bank/card issuer. It would be okay to put 'The Manager' or similar in the defendant's details, but this is only because they are a representative of the bank. Naming an individual could cause problems, but there is no harm in asking her where official documents would need to be served.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites
jamesdryan

jamesdryan

Posted
  • Author
Posted

Ahh i see, so i am claiming against the Organisation then.

 

Just spoken to Clare (seemed nice!) and she gave me out the PO Box address first, but when i hassled her she gave me a proper address for her:

 

120 Edmond Street

Birmingham

B3 2QZ

Link to post
Share on other sites
Spiceskull

Spiceskull

Posted
Posted

That's the best address to use then. I would put 'Beneficial Bank Ltd/Plc?' as the defendant, and avoid putting any named person/position on the form.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites
jamesdryan

jamesdryan

Posted
  • Author
Posted

Cheers Spiceskull, you've been much help. At least at MBNA i have names and addresses to send to. With Beneficial it's like i'm dealing with a metal box that collects the letters i send and shreds them!

Link to post
Share on other sites
Spiceskull

Spiceskull

Posted
Posted

I have to say I agree. I was getting frustrated for a while, then searched the forums for an address for Beneficial and realised that they were very slippery indeed.

 

If that address proves to be correct, or if you find a more suitable address, can you please PM me with the details so that we can put it into the 'contacts' sections? Cheers.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites
Spiceskull

Spiceskull

Posted
Posted

Good luck, and keep us posted.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites
  • 3 weeks later...
jamesdryan

jamesdryan

Posted
  • Author
Posted

Well they had until 29th May to file a defence as the claim was deemed served on 15th May.

 

Do i go ahead and start judgement on the Money Claim website now as i haven't heard a bean from them?

 

J

Link to post
Share on other sites
jamesdryan

jamesdryan

Posted
  • Author
Posted

Well seems the ******* have responded. Just looked at the Money Claim website and it appears my claim for judgement has been rejected because Beneficial have acknowledged the claim.

 

So it says they have 28 days from when they are served the claim to reply. Has anyone got to this stage with them?

 

I guess that gives them until Monday 12th June to reply. I go on holiday on 16th so something had better happen soon!!!

Link to post
Share on other sites
lee6370

lee6370

Posted
Posted

If they send in their defence, you should get your allocation questionaire just before you go on holiday, so with any luck you'll be able to get it off to the court in time.

 

If not it may be worth having a word with your local court nearer the time.

Link to post
Share on other sites
  • 12 years later...
jamesdryan

jamesdryan

Posted
  • Author
Posted

This topic was closed on 10 March 2019.

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

Link to post
Share on other sites
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6579 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

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

 

Thanks

Guest
This topic is now closed to further replies.
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...