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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.  

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      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.

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      Many thanks 
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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.

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      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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Michellemc v HSBC ***SETTLED IN FULL***


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Can anybody help?

 

I just want to make sure that I am going in the right direction and maybe I am one of those that have jumped in at the deep end without correctly understanding.

 

I got my 6 years statements off the HSBC Internet Banking and prepared the spreadsheet (£982.02 TOTAL = £664.50 CHARGES / £317.52 INTEREST). I have broken it down by month but basically done the subtotal, i.e if I have been charged for 2 returned Direct Debits I have simply put Jan 2006 £50.00 - is this wrong and should I amend it to break each charge down along with a date.

 

Also the interest charges I have simply taken from my bank statements again when I have been overdrawn but again no date just e.g 'Jan 2006'

 

I sent my initial request recorded and have noted it was signed for on 27/06 so they have 2 days to reply. If I do not hear anything I will send the LBA but am I okay to then allow them just the additional 14 days if I do amend the spreadsheet when I send the LBA (Am I making sense!)

 

Thanks for any advice.

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hi michelle and welcome, the only interest you should be claiming at this stage is any they have charged you on unauthorised interest! the 8% doesnt go on til moneyclaim stage, ok? on the charges just put x2 if its for more than one charge, any clearer?

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Yes I have only claimed for the interest shown on my statements so that is okay.

 

Will go through and check the total charges and make a note of multiple charges and get my LBA ready for Tuesday by the looks of things!!!

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Sorry just another thought I have since been charged an additional £25.00 charges and £16.00 interest this month (July 2006) -

what happens on further charges once you make your claim?? -

can you claim them back

AND / OR can I amend my spreadsheet and claim July 2000 - July 2006, which means amending the total I am claiming for on my LBA!??

 

Getting confusing now!!!!!!!!

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Don't scare me when it goes to court!! but will amend anyway.

 

The interest charges are taken from my statements, i.e charges when I am in negative balance, the last 4 months I have been charged £54.00 alone - is this right?

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Yes I do so these interest charges are bloomin wrong. Just found the spreadsheet and going to go through it now and see what the interest charges are on my penalties. Buggar!!

Would you start again, my initial letter was not addressed to anybody specific or should I simply send my LBA with an amended amount!!

Thought I was on the ball, read through all the stuff for days before I prepared everything too.

Appreciate your help.

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After reviewing my interest charges it amounted tp £195.00 so not too far off - total claiming £859.76 but due to my printer being kaput I could not print off my LBA. ANYWAY!!

I have today received a letter offering me £600.00, seems the usual standard letter blah blah "if your claim for a refund proceeded to Court, we believe we would successfully resist any legal challenge in relation to these fees. However we are mindful of the time and irrecoverable legal costs that it may incur and HSBC is prepared to make a payment to you representing the charges applied in full and final settlement of this matter. If you are not satisfied with the bank's response you have the right to complain to the Financial Ombudsman Service"

To be completely honest I am not too sure the best step to take next as there are letters mentioned for part settlement and then I have just read a post re banks maybe starting to go as far as court now!!

HELP!!!!

HSBC - £859.76 - Offer of £600 12/7/6

A&L CURRENT - DATA REQUESTED 27/6/6

A&L JOINT - DATA REQUESTED 7/7/6

I

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hi had same problem with filling out the spreadsheet, you know, what should you put in the intrest columns ?

anyway took advice from another helper, and did not include it as it was so complicated as to what was a intrest charge and what wasn't.

i have a authorised overdraft so its difficult to seperate the 2.

my total came out at £800 just for intrest but as i said its difficult to sepreate, not only that, having the right dates for when the intrest was charged and the acount balance at the time was a nightmare !!!!

 

anyway, my charges alone were over £2000,

sending my letter of request for money back tomorrow.

don't give up its worth it in the end, plenty of really helpful people here on the forum to answer any questions

good luck :)

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  • 3 weeks later...

Received a letter today from Mr Langdale offering me my full £664.50 charges BUT there is no mention of the interest I am claiming - what should I do? I am now at the MCOL stage so do I go ahead and do this which incidentally would mean my total claim would go from approx. 859 to 1114 with the 8% interest or should I just accept the £664 charges and forget about the interest charges???

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I am going to call Col! tomorrow and try and get this sorted. I am wee bit scared of them bombarding me with bank jargon and published charges etc...

 

For all you experts out there can you just confirm that basically the interest charges I am trying to reclaim (as all entered on the spreadsheet) is purely related to the excessive charges and had they not charged these to me I would not have had to pay this interest etc etc. With them admitting liability (know they will deny) to the charges how can they deny refunding me the interest???

 

Am I right!????

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You're not phoning him to discuss the merits or otherwise of your claim, it's just a courtesy call to find out if they're prepared to refund the interest as well and save them additional cost. A simple yes or no, Col. And if it's no you'll file at court

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Well after numerous attempts of speaking to different people I never managed to speak to Mr Langdale. The number on the HSBC website takes you through to Scotland and surprisingly nobody (well about 5 people, when I eventually gave up) could put me in touch with the Quality Team. The only way of getting in touch was by sending in a letter or them sending an e-mail on my behalf and I would receive a call in 5 working days - still waiting!

Apparently even the staff from HSBC are unable to get hold of Leeds, they also have to write as they have no contact numbers - ??????!!!!!!!! (yes, rubbish I know)

So Mr Langdale should now be in possession of my final letter advising that if I do not receive a full refund by the end of business on Tuesday I will go ahead with court proceedings so I wait with bated breath......

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So Mr Langdale should now be in possession of my final letter advising that if I do not receive a full refund by the end of business on Tuesday I will go ahead with court proceedings so I wait with bated breath......

 

Got a letter today as follows '

 

HSBC's interest rates are well publicised in respect of both authorised and unauthorised overdrafts. You have asked us to refund overdraft interest on your account. It is, of course, a condition of your borrowing from us that you will pay interest at the agreed rates on that borrowing. As such we will not be refunding the interest that has been applied to your debt'.

 

Has anybody else had the same problem? Any advice gratefully received. Will def go ahead and file on MCOL but worried about losing what they have offered.....

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  • 1 month later...

Hi there, just a quick question for all those whizz's on MCOL!

 

HSBC have just coughed up all the money :D , what happens to MCOL?? Do I need to close anything off, confirm I have received payment etc.

 

Sorry to ask, have had a brief look around but unable to find anything..

 

Thanks

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