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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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    • 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.
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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. 
       

      Many thanks 
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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.

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gerih

By gerih
in M&S Cards

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gerih

gerih

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M&S charged me lots in the past and, via their solicitors, tried to put a charge on my flat.When i sold the flat,i paid in full.Last week,i wrote asking for details of all charges made so that i could commence court procedings to get them back.Today,i get a letter confirming that i have cleared the account but they do not inform me of the charges.

I have `phoned the woman who wrote the letter and written to her giving 7 days to provide this information.

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BankFodder

BankFodder

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Well done.

Presumably you are referring to charges ofr late payment etc of storecard payments?

Did she agree on the telephone? or was she reluctant.

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gerih

gerih

Posted
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Yes,I had a M&S card and a personal reserve account and it is the charges on these that i intend to get back.I didn`t actually speak to the woman concerned,but was put on hold while the bloke i was talking to spoke to her.

At least they acknowledged me.Nothing yet from Fiat Financial Services apart from their initial `phone call saying that all the charges on my account were covered by their terms and conditions.I have also asked them for a complete breakdown of the charges.

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  • 1 month later...
gerih

gerih

Posted
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I sent off the suggested letters to M&S claiming the £15 for the letter and they have refused,saying that I can complain to the Financial Ombudsman.

So I will and from what I`ve read here,this will cost them £300 + (forgot figure) Then I will complete the N1 form and give to the local court on Monday.This is going to cost them a lot more than the £15 plus interest I initially asked for.

So,Annette Mason of account support,You have just cost your employers about £400 including court fees.I`m sure they will be delighted.

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BankFodder

BankFodder

Posted
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Statement of account received.Charges are:

£15 letter charge

£100 solicitors costs

£243 claim fee

£70 judgement solicitors costs.

Can i claim any of these back?

 

Sorry, I don't know why I have missed all of this.

 

When they sued you, what did they sue you for? Aren't there any penalty charges?

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gerih

gerih

Posted
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All these charges stem from my long spell in rehab.I fell behind and they tried to put a charge on my flat adding all the legal charges.I paid in full when I sold the flat.

The legal charges I am not challenging (not yet anyway ) as I was behind with the payments and they may be a true cost.But I am claiming the £15 for just sending me a letter.Might not seem much,but they were not sympathetic when I couldn`t pay them.

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BankFodder

BankFodder

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But didn't they apply any penalty charges for late payment of installements. Surely you could make this a bit more worth your while.

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  • 12 years later...
gerih

gerih

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Posted

This topic was closed on 03/05/19.

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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