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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 
      • 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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Court papers filed, what happens next?


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I received a letter from HBoS within a week of the claim being filed, offering a settlement.

Meantime I also phoned the Sherriff court to find out what the defender was intending to do. You just need to give them your case number. They were very helpful.

Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr

Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.

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I to have filed a claim with HBOS at the Glasgow Sherrif Court on the 3/7/06. I have not heard anything from HBOS yet, but i'll let you know as soon as i hear anything.

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I to have filed a claim with HBOS at the Glasgow Sherrif Court on the 3/7/06. I have not heard anything from HBOS yet, but i'll let you know as soon as i hear anything.

 

It may be worth a phone call to the Sherrif clerk's to see if they have had a reply.

Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr

Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.

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Within a few weeks you'll probably get a letter from the Bank along the lines of "Because it is not cost effective to defend this claim, we will as an offer of goodwill refund all of your charges, plus the court fee"

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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  • 2 weeks later...

Just a wee update, havent heard anything from the Halifax yet, thats been 3 weeks.

I did phone the Sheriffs office but they cant give me any info until the return date, even if they have had a response. I thought that was a bit strange! :confused:

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Update, I've had some money!

£193 and something pence, my claim was for £720 + interest + court fee. I've had no correspondance from the halifax at all but I did phone them to ask where the money had come from (thought it might've been CSA, HA!!) and was told it had come from customer relations.

Does anyone know if this is normal practice for the halifax and can I expect a bank credit of £720 soon?

 

Cheers

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  • 2 weeks later...

When I claimed against Halifax I heard nothing until just before return date! They seem to be taking their time. They sent me a letter with usual cheaper to refund me than go to court and put the money straight into my account.

They did put full amount in straight away as well as court fee

Halifax: £478 (+ interest & cost) reimbursed

 

Halifax Visa: £370 - 1/2 back so far

 

Bank of Scotland: £802 (+ interest & costs) court ordered to pay (BoS failed to respond)

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