Jump to content


  • Tweets

  • Posts

  • Our picks

    • 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
        • Like

Monument


chancer1
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4663 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

I had a chat with Monument today regarding their offer of 50% - the person told me they had had a lot of request for refunds and her job was simply to offer 50% and she could do no more - I did advise that the courts do look unfavorably upon institutions that are abusing the courts & publics time by dragging these out to hearings and then settleing days before hand, they then advised that is the process

  • NatWest - Settled in full 8 weeks after LBA (without interest)
  • Capital One - LBA 27th July - Offered & paid £28 - Rejected - settled
  • Monument - LBA 18th July - Offer 19th July - Refused - settled

  • WFS - 8 Point Complaint - awaiting response - Failed CCA Request - awaiting response - Awaiting S.A.R - (Subject Access Request) info

***WFS Written Off £8k 01/08/07***

 

Monument sent my info even tho i forgot to send payment!!! Thanx Monumnet

Link to post
Share on other sites

I had a chat with Monument today regarding their offer of 50% - the person told me they had had a lot of request for refunds and her job was simply to offer 50% and she could do no more - I did advise that the courts do look unfavorably upon institutions that are abusing the courts & publics time by dragging these out to hearings and then settleing days before hand, they then advised that is the process

 

 

she is simply reading from a script that she must do "or else get the sack" there was an article in some sunday paper about these scripts they have to read

 

 

GOT THE LINK FOR YOU !!

 

See Mail on Sunday

 

http://www.mailonsunday.co.uk/pages/...n_page_id=1770

Tam Wing Chuen -v- Bank of Credit and Commerce Hong Kong Ltd [1996] 2 BCLC 69

 

1996

PC

Lord Mustill Commonwealth,

 

Lord Mustill discussed the need to construe a contract contra preferentem: "the basis of the contra proferentem principle is that the person who puts forward the wording of a proposed agreement may be assumed to have looked after his own interests, so that if words leave room for doubt about whether he is intended to have a particular benefit there is reason to suppose that he is not."

Link to post
Share on other sites

  • 4 years later...

Hi,

 

Had an offer from Monument with 50%, as a gesture of goodwill as it wasn't really PPI it was a Payment Break Plan........ :???:

 

Do I accept or decline?

 

On a slightly different note, Vanquis have said get stuffed - not thier words, they put it slightly nicer :)

  • NatWest - Settled in full 8 weeks after LBA (without interest)
  • Capital One - LBA 27th July - Offered & paid £28 - Rejected - settled
  • Monument - LBA 18th July - Offer 19th July - Refused - settled

  • WFS - 8 Point Complaint - awaiting response - Failed CCA Request - awaiting response - Awaiting S.A.R - (Subject Access Request) info

***WFS Written Off £8k 01/08/07***

 

Monument sent my info even tho i forgot to send payment!!! Thanx Monumnet

Link to post
Share on other sites

I think that's a question that is for you to decide.

 

Some would accept and some would go for more. You have an offer which is definate money in your pocket now.

 

When all is said and done it is what you are happy with that counts.

 

Regards

 

ims

 

Link to post
Share on other sites

You may find they are prepared to negotiate if you want to settle quickly and not go to FOS/court. If you decide better a bird in the hand so to speak you might make a counter offer of say 75% of you claim and see how they react to that-as it still saves them money (interest/court or fos fees etc) I would have thought they will bite your hand off, but you never know.

We haven't yet had any offers, but will be torn between getting what we should be repaid and taking a quick amount now before christmas etc for the kids. OH works as a contractor and is due to finish next week (although it looks good for an extention for another month after that), would be lovely to have a bit of a cushion against him having a gap between contracts.

Looking at threads on here and other sites looks like some of the banks have decided to start making lower "goodwill" gesture offers just to get things settled, perhaps after the court case and the costs of catching up with all the cases put on hold they have decided to cut their losses and get PPI over with.

From what I read only about 4% of those estimated to be eligible to claim the PPI back are actually doing it.

 

Whatever you decide good luck

ali x

Btw I am no expert just give notes based on what I have read on here and other forums/sites, plus my own experiences and investigations.

 

All ccj's now dropped off file, 2 yrs to go to clear file.

All old debts either settled or made unenforcable.

 

RBS MPP-Full offer at 8 wks from first complaint

RBS Overdraft loanguard-full offer at 8 wks from complaint

Citicard ppi-with FOS finally paid 8 months after offer through FOS!

Capital one x2- with FOS

Monument ppi-with FOS

aqua x2 ppi-partialled settled still pushing for the rest

Black horse ppi-offers made and accepted except for one early loan they say no info held-still pushing for payment

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...