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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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Birmingham Midshires-you Will Not Believe This! ** WON **


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Allo folks just some advice if you can please. three weeks ago i sent off my initial letter asking for charges to my morgage account to be reimbursed. To my amazment the Midshires responsed fairly quickly stating that they would reimburse the claim in full (£500) but with certain conditions attached.ie not to make any further claims against the Midshires or any of its subsiduary companies.(going after my ERC with them by the way), I obviously wrote back to them thanking them for the offer, but respectfully requesting that the claim be made unconditionally.

I have today received a letter from the Midshires stating that they are not prepared to budge, the offer only stands on the conditional basis. IAM GOBSMACKED !.

What do you advise folks ? go to LBA stage or straight to MCOL. I am so surprised theyve done this. mind you I got a letter of rejection in the same post re the ERC. maybe that had some bearing on it. Any advice folks?

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stick to the template letters and timescales

 

there is a rejection of offer letter on site

-----------------------------------------------

Mortgage Express charges- settled in full after issuing claim

 

------------------------------------------------

To view the FAQ'S click here: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

To view the PRELIM letter click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

To view the Letter Before Action click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

To find Registered Address:

http://www.esd.informationcommissioner.gov.uk/esd/search.asp

 

 

If my advise helps click here http://www.consumeractiongroup.co.uk/forum/reputation.php?p=366404

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Cheers for the advice Nathal but iam still pre LBA stage.you reckon I should still send formal rejection of offer letter then?

 

Yeah - you have to acknowledge their offer and accept in partial settlement unconditionally before issuing claim - make that part of LBA. The nthey will probably withdraw it.

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

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Guest Partypip

Sorry to jump thread, Can I ask how long it took for your statements to come. ??

 

 

I sent my sar to them a few weeks ago, and had a form back from them to fill in. Phoned them to tell them im not filling the form in and she said they would sent them out....

 

still waiting ...

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  • 2 weeks later...

Well done Biffa. The defence i had was full of holes. Waffle about i accepted the conditions etc. Just waiting for BM to get back in touch after their solicitor went back to them for a reply to his question about going to court.

 

Good luck

 

Uk..

WARNING TO ALL

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Cheers UK Aviator, i take it from your last posting that the buggers at Birmingham Midshires will likely to lodge a defence against this, not that im unduly concerned.just hopin that its not going to be a ding dong involving several letters...lol. mind you i love a good ding dong.

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Hi Biffa

 

They will file a defence,but i was offered half straight away. Can't use that against them in court though as they marked it 'Without Prejudice'...

 

 

Good luck

 

Uk..

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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What is the significance of the 'Without Prejudice' on a letter?

 

I've put it on some of mine but have never understood the relevance.

Halifax 1

WON - £1,355.49 21/07/06

MINT

WON - £273.81 14/09/06

First Direct

WON - £913.50 01/09/06

Capital One

WON - £130.13 03/11/06

Halifax 2

WON - £188.03 01/12/06

 

Kensington Mortgages ERC

MCOL for £6,204.39 Discontinued

Halifax Mortgage Admin fee

WON - £10.00

Direct Line Mortgage Redemption Fee

WON - £99.00

Halifax 3

MCOL for £109.01 reg 07/03/07

 

http://petitions.pm.gov.uk/redemptionfees/

Please sign this petition x

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Hi Ellielou

 

The basic meaning is 'without loss of any rights'. It is a term used when two parties are in dispute, and one makes a settlement offer to the other. It puts 'without prejudice' on its offer to make it clear that the settlement offer should not be construed as a waiver of rights. Importantly, communication marked 'without prejudice' cannot be used in evidence in court proceedings if the attempts at settlement fail and the dispute comes to court. Dodgy lot Solicitors are'nt they?..

 

Hope this answers your question.

 

Uk...

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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  • 2 weeks later...

well bugger me ! got letter from BM this mornin offering full settlement without conditions. Would you believe that....especially after two letters sticking by their guns insisting the offer was only applicable with conditions attached.

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Thats most appreciated Biffa!

 

If you do the survey the donate button usually comes up somewhere. If not if you click the site map there should be a donate button somewhere. You can pay either through paypal or I think you can do a direct card payment. If you would rather pay by cheque you would need to pm Bankfodder and ask for details.

 

Thank you on behalf of CAG

 

Zoot

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Congratulations!

 

Have you still got a case for the ERC or have they settled for that as well. Enjoy the money.

 

Sam

I'm a Foolish person

 

IGroup ERC £1928.64 Ist letter sent 12/9

LBA sent 26/9

Moneyclaim input 13/10

Claim acknowledged 6/11

Received fob off letter 11/11

AQs sent back, IGroup request multitrack and hearing

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Well Done Biffa !!

 

BM offered me half of the money back after prelim letter with conditions. About to send rejection letter and LBA today.

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Congratulations Biffa - that's brilliant news.

:D :D :D :D

Halifax 1

WON - £1,355.49 21/07/06

MINT

WON - £273.81 14/09/06

First Direct

WON - £913.50 01/09/06

Capital One

WON - £130.13 03/11/06

Halifax 2

WON - £188.03 01/12/06

 

Kensington Mortgages ERC

MCOL for £6,204.39 Discontinued

Halifax Mortgage Admin fee

WON - £10.00

Direct Line Mortgage Redemption Fee

WON - £99.00

Halifax 3

MCOL for £109.01 reg 07/03/07

 

http://petitions.pm.gov.uk/redemptionfees/

Please sign this petition x

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