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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 
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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.
      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.
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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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First Letter to Halifax claiming £590


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I wrote a letter to Halifax and posted it yesterday. I am claiming some £590 in DD, cheques and OD charges. £400 of which has been in the last 7 months alone. Shocking that they've hammered my already difficult cashflow situation! royalmail.co.uk says its been delivered. I wait apprehensively.

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Well done and welcome. Be prepared for a non-responsive reply. Just stick to your timetable and keep control.

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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Well, I have a reply to my first letter. For those who care..

Thank You for your letter dated 13th March 2006. I note your comments and am responding in view of my particular responsibility for Bank accounts administered by Newcastle Customer Service Centre. I was sorry to learn that you were unhappy with the charges, which have been applied to your account. Like other organisations, HBOS incurs additional costs when an item is returned unpaid, or paid against an unauthorised overdraft. Rather than pass these costs on to unaffected accounts, charges are applied only to the account concerned, so we do not penalise all of our customers. These charges only partially cover the costs we incur and compare favourably to our competitors. Our charging policy is clearly outlined in the terms and conditions that apply to your account and I enclose a copy of these for your reference. You have asked the Halifax to consider the full waiving of the ecisting charges. Whilst it may be argued that this might provide a short-term solution to the problem, it remains the case that account charges will continue to be applied in future if there are insufficient funds to cover your outgoings. I regret that the Galifax is unable to consider the refund of your account charges. Although my response is not perhaps the one that you would have wished for, I assure you that I have taken your complaint seriously and I hope you can understand the reasons for my decision. If I can be of any further assistance, please do not hesitate to contact me. We recently sent you a leaflet entitled 'Personal Customer Complaints, Here's What We'll Do'. This explains your options if you remain dissatisfied. We are keen to resolve your concerns, if we are unable to do so we'll provide you with details of how you can contact the Financial Ombudsman Service for help. If I do not hear from you in the next 8 weeks, I will assume you are satisfied with my response and I will close your file. Sincerely....

 

Right. So should I just reply to this robot with a standard 'Notice of Intent' letter?

 

Cheers

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  • 3 weeks later...

Ok, I wrote back to them making clear my intent. They have replied saying I can complain to the FOS by going through the firms procedure. If I take legal action or something I can't compain to the regulator? Sounds stupid to me. Anyway, I'm slightly behind on my timescale because I've been held up with work but am about to put a claim in. Its now or never time.

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I first wrote to the Halifax on 13th March requesting repayment of £600 in charges. Standard reply - sorry, but no. So I wrote again on 5th April ignoring what they'd said and riterating and making very clear that if I did not see this money soon then I would pursue a claim to recoup the full amount. They have now replied (12th April) saying that it isn't on and if I fail to manage the account properly in future they will close it and as a gesture of goodwill they will offer me £116 as a full and final payment.

 

Load of rubbish. Do I look like a pushover?

 

So, I am about to submit a claim through moneyclaim. What I wanted to ask was do I first have to reject their offer or can I ignore it? My 'letter before action' clearly stated that I required repayment in full and failure to do so would result in legal action with no further communication from me directly.

 

Cheers

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Or should I write saying I'll accept 20% and that I will pursue the rest in court? Since I originally wrote there are another 2 charges on my account which I need to add to the claim.

 

 

 

MODERATED post moved .. please keep to your original thread when updating .This is for your benefit and the benefit of others following your claim

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Before you do anything... have you opened up a new account just in case they do close your Halifax one ?

 

With regard to the offer, my opinion is to accept but make it clear that it is not final and that you will be taking them to court within the timescales that you have set (ie within the timescales set by the 2nd letter of 5th April) if they do not meet your charges in full.

 

Perhaps a reminder of the potential 8% interest and fees should it go to court may help them in their decision. Of course, their costs will never be recovered but yours will !!

 

Looks like that time is quite close to arriving !!

 

Go for it and good luck.

Been through the system. Keep going... it works !

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I have another account with NatWest so it won't be big trouble if they close the account apart from the fact that I will still owe them money on the overdraft. This is something I'm worried about but I'll just have to take that risk.

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  • 12 years later...

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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