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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 
      • 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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Josamolly v Halifax *WON*


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Hi people

 

Great site!! only found it yesterday.. Story so far..

 

Sent letter 1, got my statements...

Sent letter 2, asked for £1333 got laughed at...(nothing new there!!)

Sent letter 3 and have just recieved the normal useless 'offer' of £588...

 

Now, what do i do... wifey wants the dough.. i want to claim..

 

Risking sleeping in the spare room, i have decided to pursue my full amount on the basis that she will be a very appreciative woman when i have beaten this lot...:) but.. not sure how to sort out the interest side of things..

 

So far i have done all of my own letters and kicked myself for not finding you kindred spirits before..

 

If you can direct me as to where to go next..

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i thought the same as you. wife was doubting i would get it. i was asking for 3400 plus 800 interest.

 

we got an offer of 800.

 

on last pay day i issued my mcol with telling her. following tuesday she opened a letter from halifax saying "without admission blah blah but our account would be credited with 4200 in 5 days.

 

im now a hero. and have a billion brownie points!

 

in other words go for it!!!!!

when i win ...... 5% goes back to the site!

 

Halifax- 14/6/06 Data Protection Act.28/6/06 S.A.R - (Subject Access Request) - (Subject Access Request) handed in person. 2/7/06 Prelin sent for £3297. 19/7/06 LBA sent SETTLED

Halifax cc- 26/7 prelim for £140 - 14/8 LBA sent - 21/8 £ 70 offer - 22/8 Halifax agreed to pay £140 after call SETTLED

Halifax loan #1 - SETTLED

SMPL- 20/6/06 prelim sent for £610 4/7 sent lba after no reply. MCOL 29/9

Rooftop Mortgages - 20/6/06 prelim sent for £225. 29/6/06 letter rec'd saying no! /2/7/06 LBA sent

Capital One- 24/6/06 S.A.R - (Subject Access Request) sent. 2/7/06 prelim sent for £137. 19/7/06 LBA sent MCOL 29/9 SETTLED

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Now, i have read loads and loads over the past few weeks and my eyes are ready to pop.. There are some fantastic posts, great templates and very valuable advice..

 

But what if.....

 

Sooner or later some lucky / unlucky layman like myself is going to end up having to go all the way to court... they are gonna stand up in front of a judge somewhere, opposite the defence lawyer from the Halifax having kittens..

 

Now, if its me then great.. at least i'll have a day off work. But is there anything written anywhere regarding actually appearing in front of the beak.

 

If there is, then great.

 

If not, wouldn't it be useful to have something prepared, by someone far more knowledgable than me, regarding the process, legal arguments etc.. i suppose i'm asking if a case can be prepared in advance ready for the first person who has to be 'the one'.

 

any thoughts??

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Hiya & Welcome

 

You could be the first, no one really knows for sure, But dont even think about it yet, why worry about something that hasnt happened?

 

Everyone who takes on their bank will think "it could be me" they defend in court, I thought the same thing, but it didnt happen.

 

Just get your claim underway, & if at the time for court, it is you, then others will be right behind you,

 

If Howard wants to fight back, let him, coz he cannot even sing, let along tell you how they work out where those charges from....;-)

  • Confused 2

Good Luck with Your Claim

 

Angi x

 

 

:) If I have been of any help, please click the Scales of 'Justice' in the botton left corner. ;) Thanks

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Great advice from Angi - but if you're in need of a bit more reassurance (& a fair bit of reading!) have a look at Bookworm's 'Basic Court Bundle' in the Templates library.

 

What you are asking for is already on the site. And if you ever get near the court stage you can rest assured there will be a lot of support from here with you before you go in and after you come out! :)

  • Confused 1

Morris v Halifax

Data Protection Act letter sent 20/6

Charge deducted from account 27/6

6 yrs statements received 25/8

Prelim sent 30/8 (£1014 charges + £156.11 interest).

Std reply & complaints leaflet received 5/9

Offer received £70 9/9

LBA sent 12/9

No reply to LBA - MCOL requested 26/9

Offer received 26/9 - £218.

MCOL issued 26/9, acknowledged 29/9

Offer 29/9 - full amount ex. o/draft interest

Accepted as partial

Credited to account 12/10

AQ sent for rest

Morris1 v Barclaycard

Prelim letter sent 31/8 (£60 charges + interest).

Standard reply 9/9

Offer 12/9 - full amount!! :smile:

Morris 2 v Barclaycard (Mrsbass!):

Data Protection Act letter sent 7/9

Standard reply received 19/9 inc statements 5/04 to date and microfiche bilge.

Prelim 20/9 £100+interest actual, +same estimated.

LBA 3/10

Partial offer £48 6/10

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Using you court bundle from the Library.. Going down the list on the first page ( Documents)

 

Correspondence.. does this mean all the letters that have been going beteween us..

 

Statements... bank statements?....

 

I know i am gonna look really stupid for asking, i just know it!!!

 

Anyway, would like to get this ready for Monday when i am going to go down the courthouse and file my claim.. and have a nose..

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Using you vourt bundle from the Library.. Going down thelist on the first page ( Documents)

 

Correspondance.. does this mean all the letters that have been going beteween us..

 

Statements... bank statements?....

 

I know i am gonna look really stupid for asking, i just know it!!!

 

Anyway, would like to get this ready for Monday when i am going to go down the courthouse and file my claim.. and have a nose..

 

Hi Brian are you actually in court monday or are you just going to file a claim?

Consumer Health Forums - where you can discuss any health or relationship matters.

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sorry Olliebear, just get carried away sometimes...

 

anyway, strolled down the courthouse this morning with 3 copies of my 80 page court bundle... the woman was most impressed.. all done, money paid and now just wait for either the good news or the bad... either way i'm up for the fight..

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sorry Olliebear, just get carried away sometimes...

 

anyway, strolled down the courthouse this morning with 3 copies of my 80 page court bundle... the woman was most impressed.. all done, money paid and now just wait for either the good news or the bad... either way i'm up for the fight..

 

Why are you giving court bundle at thsi stage?

Consumer Health Forums - where you can discuss any health or relationship matters.

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got my letter from the court today.. Halifax have until the 8th Nov to respond..

 

Sent my whole court bundle to them with my N1 (stupidly) so they know what i am presenting...

 

Just read my first letter.. i knocked £4 per charge off my total as i thought this a fair charge for charges, they didn't accept this and just sent me back a standard letter so when i sent them the LBA i added it all back on again...

 

i'm hoping the judge will see that as an attempt by me to resolve the issue long ago..

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Yep, you've guessed it.. checked my account today and BINGO... one down 2 more to go....

 

Off to send my donation, ring wifey and then to the cash machine.....:lol:

 

Q.. how do i change the title of this thread to reflect taht i have now beaten the bank...

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