Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


  • Tweets

  • Posts

  • Recommended Topics

  • Our picks

    • 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.
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • 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 
      • 81 replies
      BankFodder

      Picked By

      BankFodder,

    • 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
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • 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
        • Like
      BankFodder

      Picked By

      BankFodder,
    View All
Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Can Someone Cast An Eye Over My Docs !

DOBBYDOG
 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6039 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

hellhasnofury

hellhasnofury

Posted
Posted
Ok ! Sent above letter on 26th Sept giving them 14 days to reply to me accepting my request for payment.

Received a letter dated 28th Sept stating they would be investigating my complaint and that this would take 7- 10 working days. Also i should have a response within this time.

It's now 12 working days today from the day after 28th sept.

Am i being to keen here do you think ? should i give a little more time ?

 

I expect they sre trying to find a loop hole somewhere to get out of it :evil:

 

Hello Dobby,

 

There has been a postal strike and your responce from them could be in the backlog. a thought anyway as I am not one to give them all the time in the world to respond. Maybe give them to the end of the week and hit them on sat with your lba so they get it monday.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

Link to post
Share on other sites
DOBBYDOG

DOBBYDOG

Posted
  • Author
Posted
Hello Dobby,

 

There has been a postal strike and your responce from them could be in the backlog. a thought anyway as I am not one to give them all the time in the world to respond. Maybe give them to the end of the week and hit them on sat with your lba so they get it monday.

 

 

Hi Hell !!!

Yeh, did think about the postal strike. Maybe i am being a bit to pushy :D

 

Good advice in giving untill the end of the wk. Thanks.

Link to post
Share on other sites
Robertxc

Robertxc

Posted
Posted

If it was me I would send the LBA now, that way they'll know you're serious. I'm maybe a bit more aggresive than most when it comes to these things, so end of the week is ok too, but I really wouldn't leave it any longer. The reality is that until you escalate things they're probably not going to take it seriously anyway.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

Link to post
Share on other sites
DOBBYDOG

DOBBYDOG

Posted
  • Author
Posted
If it was me I would send the LBA now, that way they'll know you're serious. I'm maybe a bit more aggresive than most when it comes to these things, so end of the week is ok too, but I really wouldn't leave it any longer. The reality is that until you escalate things they're probably not going to take it seriously anyway.

Mmmmmm !!! I think i'll sleep on it Robert and decide tomorrow. I'm quite busy at work this week so may leave to end of week :roll: I'll type the letter and envelope it though so it's nice and ready. x

Link to post
Share on other sites
Robertxc

Robertxc

Posted
Posted

That's a good idea. :)

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

Link to post
Share on other sites
DOBBYDOG

DOBBYDOG

Posted
  • Author
Posted

Hi to all,

Well not heard a dicky bird :evil:

I've been looking for ages and ages for a template letter for my letter before action, but can't find anything suitable.

 

I am going to try to compile my own :confused: HONEST !!

In the meantime if anyone has or can point in the right direction for one i could tweek with i'd be most grateful :)

 

Many thanks guys xx

Link to post
Share on other sites
DOBBYDOG

DOBBYDOG

Posted
  • Author
Posted

How does this sound guys xxx

LETTER BEFORE ACTION.

Dear **************:

I am writing in response to your letter dated 28th September 2007, of which I enclose a copy.

You state in your letter that it is your responsibility to investigate my complaint and that this investigation will take between 7 – 10 working days.

Unfortunately up to the date of this letter it has been 20 working days and I haven’t had any correspondence from you. I am therefore, again requesting full refund of £1200 taken from my advanced monies plus interest equal to the APR used by *********** or the relevant insurance company at that time, plus the 8% statutory interest that a court would award.

If I have not heard from you within 10 days I SHALL be taking my complaint to the Financial ombudsman

Sincerely,

Link to post
Share on other sites
hellhasnofury

hellhasnofury

Posted
Posted
How does this sound guys xxx

 

 

 

 

LETTER BEFORE ACTION.

 

 

Dear **************:

I am writing in response to your letter dated 28th September 2007, of which I enclose a copy.

You stated in your letter of Blah, that it is your responsibility to investigate my complaint and that this investigation will take between 7 – 10 working days.

I am extremely disappointed that you have failed to response withing your stated timescale and to the date of this letter it has been 20 working days and I have not received any correspondence from your company trying to resolve my complaint.

I am therefore, writing again, requesting full refund of £1200 taken from my advanced monies plus interest equal to the APR used by *********** or the relevant insurance company at that time, plus the 8% statutory interest that a court would award.

I am prepared to allow you a further 14days to reflect on this matter before I contact the Financial ombudsman Service to investigate this complaint regarding the mis-selling of payment protection insurance by your Company

Sincerely,

 

Hello Dobby,

 

Made a few changes, your call.

 

Still wishing you lots of luck

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

Link to post
Share on other sites
  • 3 weeks later...
DOBBYDOG

DOBBYDOG

Posted
  • Author
Posted
Need to give them 8 weeks to investigate if they came back within the 8 weeks with a final response then go to FOS with a copy of that response, if no reply after 8 weeks go to FOS.

 

Thanks Bigmac,

I will wait then and educate myself somemore in the meantime x

Link to post
Share on other sites
  • 3 weeks later...
hellhasnofury

hellhasnofury

Posted
Posted
Well !!!

 

Just filling in the paper work for the FOS. Not heard anything from these people since the letter in September, saying i will hear in 7-10 days. That was nearly 10 weeks ago :confused:

 

Hello Dobbydog,

 

Well that doesn't surprize me in the least, they think that if they ignore you, they are home and dry.

 

I would carry-on filling out your complaint to the FOS and write to them again, stating that you feel their investigation into your complaint is unacceptable and you would a copy of their complaints procedure and their standards for resolving complaints. If you show that you are giving them every opportunity to resolve this fairly, its more rope for them to hang themselves.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...