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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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I've won!! (well sort of)


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No response to my letter yet but checked my cap one account online and lo and behold £40 refund of overlimit fee and late payment fee in my account. Just waiting for the bog standard letter then shall tell them where to shove it and pay me back my £286 quid!!! (240 charges plus interest they charged me at 29.9 apr!!) Is there a letter in the library as to a response to their 'you agreed to our charges' tactic that I assume they'll be employing as I couldn't find one.

 

Mads xxx

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Exacty the same with me... they brought me back to 0 balance without a letter, can;t wait to send my modified LBA!

If you find this post useful, please click the Scales of 'Justice' in the top right corner. Thanks ;)

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From Mr Udy, blimey he should get employee of the year the no. of cases he deals with!!! Basically said what I expected, wouldn't refund me, gesture of goodwill, I signed for their charges and they disagree with OFT and would not supply me with a breakdown of charges etc etc.

 

Next letter due to go on Tuesday then. Should I just write the lba on the template or specifically try to address his points or would that be a plain waste of time given the generic nature of his reply and the fact that I seriously doubt he actually even read it anyway??????

 

Mads xx

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  • 3 weeks later...

Sent my LBA to Cap 1 and Monumennt. No reply as yet from Monument but after standard £40 refund from Cap 1 I have now checked my balance and they've refunded a further £75 after receiving the LBA. I can now only assume the letter's in the post due to arrive. What now? Do I proceed with the claim for the remainer (roughly £170) or do I give them one final chance as a 'gesture of goodwill?' Nice of them to give me the money to pay for the court case though!!

 

Mads xx

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I'd send em a letter saying thanks for the refund but unless you receive the full amount within the next 7/14 days (up to you how long, but I'd go for 7) then you would have no option but commence with legal action to recover the balance.

 

No response in 7 days.....let em have it.:-)

Smile: £2,522 full payment received,

Citi Cards: £693.71 balance written off. Full value of Court claim,

West Brom Building Society: DPA request sent 15.05.06,

Capital 1: £220 claimed LBA sent 15.05.06.

Barclaycard: DPA request sent 16.05.06

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  • 5 weeks later...

Had a letter today offering me a full refund of my charges £145 to settle providing I sign their letter stating that's the end of the matter...but....they won't refund the interest on the charges, which is around £30 I think. So I reckon a rather nice thanks but no thanks give me all my money back style letter is forthcoming. Quite pleased now, a bit of spends for my hols!

 

Mads

 

 

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  • 12 years later...

This topic was closed on 09 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

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