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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.
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      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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HSBC Bank - Overdraft Charges


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Hiya pigsic and welcome to the HSBC forum :)

 

The first thing you need to do is find out how much of the debt is charges which you can ask the bank to refund, to do this you will need your dad's statements, if he hasn't got them anymore you will have to do a SAR.

 

Heres the how to thread

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

With credit cards its also a good idea to do a CCA section 78 request letter to find out what if any records the bank have of his credit agreement. I think as the bank are threatening to pass the account to a collector you could also use this letter to dispute the account which should prevent them passing it to anyone although there is no guarantee.

 

If you have any further problems or queries just post them here and one of us will be along :)

 

pete

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  • 2 months later...
  • 3 weeks later...

Or even :D

 

Dear Mrs Groombridge,

Thank you for your letter dated xx xxx xx, in which you advise me that you have fully investigated the matters raised. Forgive me if I say I doubt this statement, because the matter in question was a refund of unlawful bank overdraft charges, nothing to do with Credit Card charges at all.

The letter which you sent is obviously a standard template letter for these situations and you sent the wrong one. Whilst you have been able to clarify HSBC’s position on Credit Card charges it’s not what I requested however thanks to your information I will now also be requesting the penalty charges you have applied to my credit card be returned .

To re-iterate, the matter at issue here is the application of unlawful overdraft charges which I intend to reclaim from HSBC as soon as possible.

With that object in mind I remind you that the timetable which I gave you to settle this matter to my satisfaction still stands, therefore my Letter Before Action (LBA) will be on its way to you on xx xxx xx.

I realise that court cases have been stayed pending the conclusion of the OFT Test Case but it is my intention to pursue this through the courts if necessary.

If you find it convenient to refund the charges claimed I will, of course, confirm that this matter is settled to my satisfaction.

 

Yours sincerely

 

 

If they are stupid enough not to read the letters we write then I dont see why we shouldnt play on it :).

 

pete

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  • 1 month later...

and you know if they say it is lawful the charges then what happens

 

Very doubtful that this will happen now as the banks lost the first round of the test case BUT in the very unlikely event that they eventually win then they keep all the money and we walk away muttering :rolleyes:

 

pete

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  • 3 weeks later...

Hiya Lisa, I'm pretty sure the court link Jo posted above tells you what you need if you are asking for the court fee to be waved, have a look at the site and let us know if you still have questions :)

 

pete

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  • 9 months later...

Hiya Lisa, as Johnny said you can alter your claim, add more charges etc right up until you submit it to the County Court, then its set in stone :).

 

Dont wory if you mess up the N1 form, you can download them from the HM Court Services web site and just print off a new one :).

 

pete

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  • 1 month later...

The stay makes no difference, the account is now the subject of ongoing judicial proceedings. thats about as in dispute as you can get :D.

 

HSBC should not have passed your account to Metro (although Metro are actually HSBC :rolleyes:) and Metro should not be chasing the debt until the dispute is resolved.

 

pete

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  • 7 months later...

The news at first sight was awful but as always with legal people you have to read exactly what they say :rolleyes:.

 

The banks have won against the OFT but the Supreme Court has also left a huge hole in their argument so we need to make that hole bigger and give it wheel chair access so we can all get through :D.

 

pete

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.

 

I heard one chap on the Jeremy Vine show yesterday ( his name escapes me cos I'm old) who said "if people would just stop spending for a couple of months and build themselves a financial cushion they would not get themselves in difficulty" or something similar.

 

What a genius!!! If only I'd thought of that. :rolleyes:

 

well I'll write to the council and the gas and electric people and tell them the bank say I cant spend anything for two months, and give up eating :rolleyes:

 

I wonder how big his bonus was freaky? lol

 

pete

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