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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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janetsilver v Intelligent Finance - the beginning!


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doesnt matter its your money.

  • Confused 1

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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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ht

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

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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  • 2 weeks later...

Well, sent my first letter to IF last week - no reply as yet, but in the meantime they charged me another £30 for a letter as I was £5.00 over my overdraft limit. Husband rang up (it was on joint account) and complained and got the £30 refunded, but there must be loads more that we could claim - am desperate when the post arrives each day looking for a reply. Anyone else the same??:p

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  • 3 weeks later...

Well yippeeeee! Today I received a breakdown of all my charges in the post, together with my cheque for £10 back as they said I would only need to pay if I actually wanted statements (at £5 per copy statement up to a max of £60!!) so am relieved. It's actually quite a helpful letter too....

 

My charges total:

 

£723 !!!!!!!! Cant beleive it and am quite horrified at the amount being so vast just for sending out poxy automated letters...GRR!!

 

Anyway, am about to start the next procedure although am a bit flumoxed over how I work out interest as this goes back to 2003....Im sure its on the site here somewhere, but just in case and if anyone is feeling generous and can point me in the right direction it would be hugely appreciated!!

 

Onwards and upwards.......

 

PRELIM LETTER SENT 29/11/2006

Amount to be reclaimed £723.00 - HORRIFIED AT THIS!!

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you dont need to work out the interest until you file the court claim. when you get to that stage there are spreadsheets that you just enter the dates and amounts into and it calculates it all for you.

 

until then, read through the step-by-step guide to make sure you're on track.

repeat S.A.R - (Subject Access Request) letter sent recorded 20/10/06

list of charges & cheque for £10 received 24/10/06

Prelim letter sent 24/10/06

another £10 cheque received and lba sent 03/11/06

16/11/06 25% of claim offered

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  • 2 weeks later...

Well, received the standard "thanks for raising your concerns, sorry you're disappointed" letter which in effect said "bog off"!!! So have today posted letter number three threatening court action. Will see what happens! Getting a bit nervous now..seems to be a long process with IF?

PRELIM LETTER SENT 29/11/2006

Amount to be reclaimed £723.00 - HORRIFIED AT THIS!!

"Bog Off" letter from IF received 7/12/06

Court Threat letter sent 8/12/06

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  • 2 weeks later...

Well, the 7 days is up, plus a couple of extra as I was feeling generous, it being the season of goodwill and all that (and Christmas post getting in the way of the process!).

 

So I am now submitting my small claims court (Northern Ireland) application online and getting nervous.

 

PRELIM LETTER SENT 29/11/2006

Amount to be reclaimed £723.00 - HORRIFIED AT THIS!!

"Bog Off" letter from IF received 7/12/06

Court Threat letter sent 8/12/06

NI Small Claims Court application submitted 19/12/06

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Hmm...submitted my small claims court application 2 days ago, then yesterday received message from the courts saying that as IF is outside the NI jurisdiction it would take longer to go through. Then today I received a letter from IF dated 18th December (3 days beyond my deadline for them to reply), offering a refund on one of the accounts only, there is no mention of the other two accounts and the offer does not include any interest. Anyone got any quick response as to what I should do?! I am thinking along the lines of accepting the offer but telling them my claim has been submitted and unless they settle out of court with the full amounts including interest on all three accounts I will proceed accordingly. Partial "HOORAH"!!!!

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  • 4 weeks later...

Ok, a slightly larger partial hoorah this time....courts have served my case with IF and have until 1st march to respond...tremble!

PRELIM LETTER SENT 29/11/2006

Amount to be reclaimed £723.00 - HORRIFIED AT THIS!!

"Bog Off" letter from IF received 7/12/06

Court Threat letter sent 8/12/06

NI Small Claims Court application submitted 19/12/06

Lots of too-ing and fro-ing

18/01/07 courts served to IF - hoorah..

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....Go get 'em Girl!!

HSBC recovered bank charges in full plus contractual interest

IF.com recovered bank charges in full plus contractual interest

Marbles recovered credit card charges in full plus contractual interest

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  • 1 month later...

Hi Janet, sounds exciting, are you sending in the bailiffs?

HSBC recovered bank charges in full plus contractual interest

IF.com recovered bank charges in full plus contractual interest

Marbles recovered credit card charges in full plus contractual interest

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I had judgement (default) issued on them back in January.

 

I haven't seen a penny of the money yet however. I called the court in Halifax (where the paper work went) and was told that Halifax (which of course owns IF) have been paying in drips and drabs and that at the moment there are 54 outstanding notices for IF/Halifax. I was told that they pay up but not right away.

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SUCCESS!!!!!!!!!!!!!!!!!! Heard today from HBOS that they have agreed to refund ALL our dosh - £895!! It just goes to show that you should stick with it and persevere - keep going everyone on here - you can only WIN WIN WIN!!!!! Good luck!

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  • 3 weeks later...

Congratulations!

Just received similar letter, phew...

HSBC recovered bank charges in full plus contractual interest

IF.com recovered bank charges in full plus contractual interest

Marbles recovered credit card charges in full plus contractual interest

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  • 1 month later...

No link but just copy these details add your own bits to the red parts

 

The Claimant has an account xx with the Defendant, opened XX 2. Since XX the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of XX; (b) Interest per S.69 County Courts Act 1984 of 8% - XX continuing at 8% until judgment or settlement at a daily rate of XX; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.

 

Best of luck let me know if you need any further help

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