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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. 
       

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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.

Biting Back - lets charge them!

Unholy Alliance

By Unholy Alliance
in Other Institutions

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Unholy Alliance

Unholy Alliance

Posted
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I have threatened Alliance and Leicester with court action: the longer they take to respond properly the more stupid they look. So far, Ive had to nail them on current account (refunds so far £600) Loan account(specifically an insurance policy theyre tring to renegue on) and credit card(£547promised, thus far!) As this has taken several months and approx 50-60 emails, Ive also written to the individual concerned to say I'm going to bill them personally. Im also very much up for either joining, or starting a class action lawsuit against them, and Ive also told them that their unwarranted harrassment is a breach of the 1997 Prevention From Harrassment Act. In reality, most of the people I have been dealing with are too dumb/ignorant/unprepared and that just provides even more ammo for me to use against them. Has anyone else threatened to charge the bank for wasting their time? What kind of hourly rate should we charge? (I have in mind the same as a junior solicitor- about £190 per hour) Does this sound fair, or am I in danger of appearing as greedy as the banks? ( If I did get paid for my time as suggested, the vast majority would go to a good cause, eg Kenya/Pakistan etc.) I would also make a donation to enable this site to carry on the good work.

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BankFodder

BankFodder

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You would be extremely unlikely to get it

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  • 3 weeks later...
Unholy Alliance

Unholy Alliance

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I accept getting money out of banks is not going to be easy, but I have spent a considerable amount of my time (as of course have many others) trying to get this matter resolved. Given that this issue could have been resolved very easily if they were not so arrogant and ignorant, I feel I should be compensated for my time. After all, its not as if i am asking for anything unreasonable.Have any other members tried billing the bank for their time? If so, what results did they get? I'd love to know. ITM, thanks for your reply, and keep up the good work!

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Posted
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Eric,

 

CPR rules have a scaleable charge detailing what you are able to charge for your time.

 

Nothing like solicitors fees i'm afraid it is around 9.25 per hour. If you go that route and charge as per CPR rules keep it relistic and don't cook the books as you may be put to strict proof should your matter go to court.

 

Regards

 

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james141

james141

Posted
Posted

This is allways a good plan to threaten companies after a small ammount.

 

I did this recently, I was late paying ebay fees and they passed it on to robinson and way or something. The fees were £25 and they added their £10 fee.

 

I paid ebay the £25 but they were still after their £10

 

In the end I said basicly put up or shut up. I said I am not going to pay it I aknowledge no debt, if you really want it take me to court otherwise I will begin charging you for letters etc (after all that is all they had done to me!) and they soon shut up. :D

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Thanks for that, Switch.BTW, what are CPR rules, and is there a link?

 

CPR = Civil Procedure Rules, i.e. the rules used by solicitors and the courts. Last time I looked it was CPR Part 43 and the hourly rate was £9.25.

 

There is a little more to the calculation and it only applies to claims not in the small claims i'm afraid so it may not apply in your case with the banks as it would be wise in my opinion for you to submit your claim(s) through the Small Claims Court so that you do not become liable for the defendants costs should the financial institution decide to defend and you lose.

 

Regards

 

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BankFodder

BankFodder

Posted
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The CPRs are linked in the library. poeple who have read around the forum tend to know this.

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Unholy Alliance

Unholy Alliance

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Thanks for that, Switch.I guess even if they dont apply in small claims procedures, I can use the rate for what would be seen as a reasonable charge for my time. After all, if I'm asked in court what my hourly rate is based on, I can't see how the other side or the Judge could then say that CPR guidelines are unreasonable...otherwise I suppose the national average hourly rate would do? What do you think?

 

As far as the library is concerned,I did in fairness try that first, but typing it in search did not find any reference to CPR. Then again, Im not as internetsavvy as you! :wink: Thanks for your thoughts anyway. All power to the BAG!

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BankFodder

BankFodder

Posted
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Ther are some rules about claiming costs and I can tell you that it's not very good. I don't remembe offhand. Basically don't count on it and frankly don't bother.

Get yourself a small book on making small claims from a decent book shop. It will have this kind of info in it.

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  • 12 years later...
Unholy Alliance

Unholy Alliance

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This topic was closed on 03/06/19.

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 their.

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

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