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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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jk v HSBC ###won!###


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Hi to you all

This website is fantastic!!. Am in the process of claiming back a pretty large sum from HSBC. Am now on to the second letter before action . I enclosed a schedule of charges and overdraft interest with both letters. No replies at all yet!!! I'd like to prepare for the 3rd stage, court action but having tried numerous times can't seem to download the n1 form, Any help and advice would be really gratefully received. Also Made a bit of a mistake on my first calculation of charges (£50) would this matter as I've corrected it on the LBA.

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Hi, Thanks, Think I'll go through everything again , tot up unfair charges and overdraft seperately, together they do amount to almost 6k, bit worried that this will be too large a claim for small claims?? Could I file 2 claims?? Never done anything like this before so all a bit daunting really!!

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Hi Netty,, am driving myself mad, My problem -- with the first and 2nd letters I worked out the schedule of charges including overdraft interest using the simple excel worksheet. All pretty simple, then as the amount is near on 6k and to put in two claims i added all the charges on one sheet -- great,, then while looking about on this website have realised the overdraft interest is calculated differently depending on the balance of the account at the time.... can I sort it out no ---don't know what to do, whether to just go ahead and calculate the overdraft interest using simple excel and send that in. Calculating the charges seems easy compared.....aaaah help... have I totally f---- up!! Sorry am so computer iliterate,,, not much call for using pc as a swim instructor and dog walker!!! please help......

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ok slow down! there are different types of overdraft interest you can claim for. i'm not at all clued up on the interest 'thing'. i just claimed for the 8% on the simple spreadsheet.

If i've been helpful in any way....then tip my scales over there!

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until you file with the county court ignore the interest, if your charges alone are under £5000 then you will be ok to file your claim as normal. you dont need to add interest until you file and as netty says if you are only just over £5000 you will probably still be in the small claims department.

 

Interest is a bag of worms, basicaly there are two areas to look at.... Overdraft interest the bank has charged you (historical interest)... the spread sheet calculates this for you and in theory its a straight reclaim of what has been deducted because your account had money taken out of it unlawfully and the bank added interest to that overdraft... and secondly interest on the money the bank unlawfully took from you and denied you the use of... the county courts act 1984 allows this at 8% APR from the day the deduction was made from your account... again the standard spreadsheet calculates this...

There is an argument for replaceing the 8% with whatever interest rate the bank were charging at the time but there is a lot of argument at the moment about this and personaly, unless your going to spend hours reading the threads I would stick with the 8% (i've read them lol)

 

pete

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Hi Thankyou thankyou... finally sorted myself out... all very daunting, but spending hours reading all the links does help, although remembering where I read certain bits of info is a bit of a problem... Have just registered with mcol, 14 days are up on lba next wed, so thought I'd start filling in forms.. Just some advice please.. both my letters went to phil beaumont in leeds. should i use this address for the mcol or canada sq and to who if so?? dehhh also should I fill in the 2nd defendent ie. one to P beaumont and 2nd to whoever at canada sq...... so sorry all these questions... just want to get it right.

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just one def. and it's not phil - it's hsbc bank, plc - canada sq.

 

i'm sorry i didn't see your the pickle you were in earlier - i would have sent my super easy guide to interest and spreadsheets for you - you may still want to take a look: it's this thread:HONEYGIE sees you HSBC! post number 9.

 

as for the overdraft interest - i can see by one of your earlier threads that if you were using the simple s/s and trying to do the o/d interest - you will have been using all the debitted interest and that is wrong - to do the o/d interest you must use the advanced s/s and it does all the figuring for you. read the honeygie thread and then double check your figures. still time to redo them one more time if necessary to get it right.

when you finally get them the way you want them - were it me - i'd send a copy to phil and call it your "revised schedule of charges" and tell him you are now filing. that way they can't say - you've come up with a whole new set of figures for the claim.

 

so, if you do the o/d interest - use the advanced - then you press the other tab and do the 8% interest that you are going to include in your claim. i'll send my particulars along - keep them to hand and there is one in the library as well - the wording may help you get it into the small area provided. but get those figures done - or they will just question them later. this time, just before you file your claim, is the last time you can change them without amending the claim and that costs money, time and hassle.

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Thankyou,, you're right I really need to do these spreadsheets again, my impulsive nature always gets me in trouble... hopefully no harm done. as you say I can always send the revised spreadsheet to Phil!! perhaps give him another 7 days to respond (won't hold my breath) then submit the mcol. (hope he doesn't look at my previously sent spreadsheets too carefully??? Well its prob going to be a long night and I'll have to lay off the wine to get it right... but as you guys say its worth it. Just going to put another pot of coffee on!! :roll:

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don't give phil another 7 days - they don't bother - really - just get it right and then file your claim. i've sent my particulars - that's for after you get the figures right - try that honeygie thread - really, i bet you get it done in about an hour. i really didn't know what i was doing so i've just told you how to get it done - without any real understanding - that's how i know others can do it too. just take it slow and easy and get it right!

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Sorry to butt in, but I'm worried about something Nettyg said in an earlier reply.

 

I've put sent in two prelim letters at the same time for two different accounts. I'm now worried that they are going to shut down my accounts. Should I put both sets of charges together when I send in my LBA (it will total under £5K)? Would rather avoid pissing them off to the extent they closed my account as I'd find it hard to get a full current account elsewhere.

 

Thanks again, Good luck JK

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Finally,,,,, I got it, great spreadsheet. Thanks guys.. I've composed a final letter to phil beaumont with the revised figures including the overdraft interest with a further 7 days to respond. need to send that next tuesday as thats when the last letters 14 days expires? was going to put in the mcol then but will wait a further 7 days to be fair!! I will just inc charges and interest not 8%?? Well anyway the amounts now are £5099 and £959 in overdraft interest.... is this too large a sum for mcol???

scary!!! :eek:

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oh,, just read thread...... really should I not show any generosity,, :D great.... so will go ahead and file claim Tues!! Although please would someone tell me that the amounts i'm claiming are ok with mcol??:confused:

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no, go for it! and i still wouln't give them an extra 7 days to be fair. would they have been fair to you when they charged you..erm...... nope

If i've been helpful in any way....then tip my scales over there!

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Thanks Netty.... Will fill in mcol in prep to submit Tues!! Followed up I guess with posting schedules 2 copies to mcol and one to DG,, is that right?? Enjoying this glass of wine now I've finally got my figures right!! Better let the dogs out 1st poor things have been totally confused that I'm once again in front of pc instead of lounging with them on sofas!!:lol:

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Just a thought.. Has anyone else had such a large claim... (with interest at 8% mines nearing the 7k mark)...... think HSBC had a field day with my accounts over the last 6 years... total charges range from £18 to £125 recalls on S/O D/D range from £10 to £60, charge for unpaid items range from £10 to £60 and charge card misuse range from £10 to £30. No matter how long and hard I look at my accounts I cannot fathom how they work out their charges,??:confused:

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neither can anyone else!

i'm glad you got it - sorry for you that it took you til midnight - but then it was a big claim. did the honeygie post help? i hope it wasn't too much of a struggle. poor doggies!

no, don't give them the extra time - they will either ignore you or try to scare you off.

yes, there have been claims this big - but let's just check it out with crusher (i'll pm him to take a look at your thread) before you file -

make a note to yourself somewhere that if you are filine an aq - use the fact that the basic charges are 5099 as those just over the 5k are usually put into the small claims - emphasize the 5099 before the interest on the overdraft is added - then the court interest of 8% on the lot.

you are doing just fine - just wait on the filing until you hear from crusher.

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Thankyou Lateralus,, Yep the Honeygie post really helped!! Will take your advice and wait before submitting mcol. (due Tuesday) Has got me a little worried the claim is rather large! Have noted your comments about AQ (you are a star!!) Took a night off last night from pc, spent time with family instead...and doggies . Looking forward to hearing from crusher:)

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so, you may not have seen really big wins for netty (6k+) and gordylar (4K+), also larry today, lizvp yesterday. all by way of saying - they can... you can. i just checked this out with crusher and he says those over 5k do them just exactly the same (except you pay more to file).

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so you won't have seen the big wins yesterday - netty (6K+) and gordylar (4K+), plus lizvp and larry today - all by way of saying ........they can ....you can! i checked with crusher and he said just carry on as if it were under 5K except you pay more to file. it will work! any probs with filing - get back.

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Thanks... Well all ready to submit on Tues.... Costing £250- Will keep you all informed as to how it goes.... Have now got friends very interested and watching this space!! Really appreciate what a great site this is and how supportive everyone is... hope I can do the same in the future!

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