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    • If you are buying a used car – you need to read this survival guide.
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    • 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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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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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dpick V halifax****won****


dpick
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HI i AM A NEWBE TO FORUM.

 

Started on 17th Jan sending letter for statements received letter 31st Jan

saying statements authorized and would be sent within 10 days.

will post follow up.

 

Rang after 10th day nothing received.

got response we have till 28th Feb to send now 25th still nothing

 

will post on 28th

 

28/02/2007 No statements so sent letter of none conformance to DPA letter and court action will commence in 7 days if no satisfactory response

 

Also sent LBA1 claiming for last 2 years £1122.00 (I have been able to download last 2 years from internet banking) and informing them that I would be claiming the previous 4 years when they conformed to DPA letter

 

Rang Halifax number re statements now getting recorded message saying slight problem but statements will be sent within a week.

 

FUNNY I found the following on money expert.com website and I quote them

"In April, the Office of Fair Trading will give its opinion on the appropriate amount for bank charges. My guess is it'll be £12, though the banks predict higher and I think it should be lower. The banks will be under huge pressure to drop charges across the board, and will probably fall into line. This won't stop people reclaiming past charges, however banks may only offer the difference between £12 and the amount you were originally charged (e.g. £35 - £12 = £23). If you don't accept it, the risk they may defend in court for the first time, citing the OFT ruling, is a tiny bit higher. "

 

The message about the delay in issuing statements could be delaying tactics to allow the above defense to be used.

 

I am not sure about them defending as this would set a president and could open the floodgates to more claims.

 

Whats your opinion

will post next week.

 

dpick

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  • 2 weeks later...

02 March 2007

 

Marvelous what a threat of court action can do.

Went out 12 noon nothing from halifax

Got back 2pm had difficulty opening door.

32 flaming letters on floor containing 156 pages of statements.

 

Checked statements total charges now £2295

As above have sent claim for £1122 for first 2 years statements from internet. Do I send a second letter advising them claim now £2295 or wait till 14days up and send LBA2 letter with amended total

 

PLEASE ADVISE.

dpick

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Thanks Michael Browne

 

Checked with post office delivery made 01/03/2007 14days up 14/3/2007 will send amended LBA2 to include total claim and updated schedule of charges then unless by some chance they reply first, then its sorry this is new total etc.

 

dpick

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08/03/2007

 

Got normal form letter From hellifax saying FSA gives us 8 weeks to investigate and respond to complaints

 

Shame for them I don't have to wait 8 weeks, their 14 days are up 14/03/2007 then amended LBA to include charges from 2001 to Feb 2005 now they have finally sent statements after getting 7 day notice of court action due to none compliance to SAR.

 

I love last sentence of letter," copy of leaflet, which tells you how we will handle your complaint."

 

Do you think I should tell them they "DO IT MY WAY"

 

dpick:p

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Hi am preparing LBA letter could you pass comment please

Letter is amended from template 3

 

 

Hellifax PLC

 

Trinity Road

 

HALIFAX

 

WEST YORKSHIRE

 

HX1 2RG

 

Mr. dpick

xxxxxxxxx

xxxxxxxxxx

xxxxxxxxxxxxxx

 

 

Date of letter

REF: DEFAULT CHARGES TO ACCOUNT NUMBER xxxxxxxx

 

Please note amended schedule of charges to reflect the additional charges from xx/xx/xxxx to xx/xx/xxxx added after your final compliance to my Subject access request dated xx/xx/xxxx.

 

I am again writing to further request a refund of charges which have been applied to my account, amounting to £xxxx.xx

 

This sum has been calculated from the data received from you. The amount taken in charges totals £xxxx.xx. I am therefore requesting payment for: £xxxx.xx.

I wrote to you on xx/xx/xxxxrequesting repayment of these charges in full. This request is founded on the knowledge that the penalties I have incurred in relation to my account are unlawful at common law, statue and recent Consumer Regulations. I informed you that I would expect a response and full repayment within 14 days. This is a reasonable time line; however you have failed to meet my request.

 

The rest of the letter is standard template 3 with parts to do with default removed.

 

 

Yours Faithfully

 

dpick:p

 

did not want to put full letter in as would allow more or less copy of template without registering on site.

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They have till 4pm tomorrow then LBA and another 14 days, then court.

 

To anyone thats going to court been trawling internet re small claims court and found that you can visit court to get an idea what happens. Find court usher (look for harried person in long gown). Explain you are in process of making claim and could you enter a court to see. Usher will have to check with the judge but will probable allow. You are NOT allowed to take notes or talk while cases are in progress. I have done this found it very enlightening, The judge let me stop for 3 cases and talked to me between (not about my case) you are not allow to talk about your case, unless judge asks first. (advise from usher). He gave me one very good pointer and I quote him very roughly in my own words. "You are not a lawyer don't try to act like one, while you must be able to say which acts you are using in your case, don't try to verbally use lawyer talk use plain and concise language. The judge is the one who knows the law, all he needs is you to explain your case he will interpret the law." That is if you even have to go to court for your claim.

 

dpick:p

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Hi am preparing LBA letter could you pass comment please

Letter is amended from template 3

 

 

 

Hellifax PLC

 

Trinity Road

HALIFAX

WEST YORKSHIRE

HX1 2RG

Mr. dpick

xxxxxxxxx

xxxxxxxxxx

xxxxxxxxxxxxxx

 

 

Date of letter

LETTER BEFORE ACTION

ACCOUNT NUMBER xxxxxxxx

 

I have enclosed an amended schedule of charges to include additional charges from: xx/xx/xx to xx/xx/xx . These charges are regarding your compliance with my Subject access request dated xx/xx/xxxx.

 

I am again writing to request a refund of charges which have been applied to my account, amounting to £xxxx.xx

 

This sum has been calculated from the data received from you. The amount taken in unlawful penalty charges is £xxxx.xx. I request payment of this amount in full within 14 days.

 

I have previously written to you (xx/xx/xx) requesting repayment of this amount in full. This request is founded on the knowledge that the penalties I have incurred in relation to my account are unlawful at common law, statue and recent Consumer Regulations. I informed you that I would expect a response and full repayment within 14 days. This is a reasonable time line; however you have failed to meet my request.

 

The rest of the letter is standard template 3 with parts to do with default removed.

 

 

Yours Faithfully

 

dpick:p

 

did not want to put full letter in as would allow more or less copy of template without registering on site.

 

 

How about this?

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  • 2 weeks later...

WON WON WON Yabba dabba do

Halifax rang me 1.30pm with offer £1775 very polite no thanks upped to full refund £2295 straight away.

 

Waiting for letter in post then 7/14 days money in bank. Made it clear if they try to delay will start court proceeding.

 

Will update post as it developes:razz:

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CONGRATULATIONS...!!!

 

Its always great to hear of a quick(ish) win.

 

Have fun spending it. :D :D :D

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Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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heyyyyy nice one mate!

 

got a letter, offering me 3/4 of the money - although, i will see it through and get the full amount.

 

yes be patient and you will dpick:p

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  • 3 weeks later...

Money in bank yesterday

Halifax put money into account as "Cash" they don't even want to show that they have paid me back.

 

donation made

 

Please amend title to dpick V halifax WON!!!!

Look out crap1, MBNA and Littlewoods charges and PPI all of em)

 

dpick:p

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