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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.

      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
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Scotsmanmatt vs TSB


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I am at the earliest stages of reclaiming the bank charges on my account dating back for the last 6 years. I have just received a statement of my charges and they amount to £1134.

 

Now I am preparing my first letter requesting a refund of this amount and have a question on it...

 

I phoned TSB to ask them where I should send this letter to and the address they gave me was:

 

Customer Recovery Centre

Lloyds TSB Bank PLC

Box 1

BX1 1LT

 

Is this the right address for me to send the letter given I am in Scotland and it is only a Box number?

 

Thanks for your assistance.. great looking forum....

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Hi scotsmanmatt

 

I sent my letters to a box number as well and I got a reply ok so I'm guessing regardless of where you send them they will be directed to where they need to be...

 

Jaybabes

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Hi Jaybabes..... yes, I am posting it special delivery so it will get there quick and I can confirm delivery easily [not sending recorded delivery because they can refuse to sign for it but still get the item]. Did you use a template letter from here to send in your request or make your own?

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I used a template from moneyexpert.com but I sent mine in before I even knew this site existed, I'm getting clost to the point of submitting my summary cause now and I've used the templates from here along with the great advice from everyone as well so feeling fairly confident although still a tad nervous but hey nothing ventured nothing gained.... will keep an eye on your progress though

 

Goodluck

 

Jaybabes

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  • 3 weeks later...

I received a reply letter today from TSB to my initial letter requesting refunds which begins as follows:

 

"Thank you for getting in touch with us. I am sorry you are unhappy about your account charges.

 

Like any business, we do make a charge for some of our extra services. When customers don't have enough in their accounts to cover a payment, this always means extra work - and it has to happen very quickly. We have to agree to make the payment by setting up or increasing an overdraft, or tell customers we can't agree it. We feel it is fair to charge for this service...

 

and ends

 

....I do hope you can see that we make our charging system as fair as possible - and why I can't agree to cancel your charges..."

 

My questions on this:

 

1. Is this a standard first response letter?

2. What is my next step?

 

Thanks in advance....

 

Matt

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  • 1 month later...

Ok.. latest update.. I have sent the LBA and waited the 14 days with no reply. I have also tried to contact them by phone to give them a last opportunity to comply but can't get through on 3 different numbers. So if I'm following things right now I submit form 1b for a summary case against them? Is it normally after that action that they make an offer?

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All banks are different as are all cases... there are no rules or guidelines they follow it just seems to be the luck of the draw... some pay early, some as stevenoko say wait until the day before the court date... get your forms in ASAP though and see it through.... DON'T be tempted to cave in and take any lesser amount they may offer as full and final payment.... you WILL get it all back :D

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  • 4 weeks later...

Ok.. after sending my LBA on the 20th April I waited until it expired... and then waited some more and them some more and only as recently yesterday decided to write them once more to try to avoid court action. The letter has been sitting waiting to be posted on Monday but today I received a letter from the TSB offering the £750 settlement that will be paid into the bank in the next 10 days. Having discussed this with my wife we are going to settle but I thought I'd share my result and the means it has came about with no court action having been taken. Thanks for all that gave advice and I hope each and everyone of you are successful in your claims.

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why are you settling for £750?? your first post said your charges alone were £1134? that + the interest would be alot nicer than they're paltry offer. If you accept it is minor victory for the bank.

 

over 100,000 people have went all the way and received the lot, why should you be any different?

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Your decision - of course!

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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