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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
        • Like

Me v HSBC - * * WON * *


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hi tigs33 why did hsbc take your money back out of your account??

i phoned them today as i got an offer and the letter said i would receive payment within 7 days, but i dont have an account with them so asked for a cheque.

they told me today they are processing it, so i should get the cheque thursday thats fine i thought but i cant spend it, they very crafty

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They took the money out as I had speficially requested a cheque ;) They put the money into our joint account in error, realised their mistake and took the money out the following day.

 

The cheque will be banked in a non HSBC account lol

REFUNDED

Hubbys - HSBC £4,165 paid 18/8 after MCOL issued :)

HSBC - £651 paid 18/8 after MCOL issued :)

HSBC - £147 Prel 7/8, LBA 21/8, MCOL 6/9 £241

Hubby Halifax - Prel 29/7 £215, LBA 21/8, Offer rec. £110 22/8, MCOL 6/9 £298

Abbey - £2758 - Prel 26/6, LBA 10/7 - MCOL 26/7 £3,391, offer 25/8 £1,755.94, paid £3567.32 after Case manag hearing

Barclays - £675 Prel7/8, LBA 21/8, offer received £300 MCOL 6/9 £998 - Paid £1,012 before going to Court

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Still no cheque!!!

 

Here is my letter going to HSBC and their solicitors

 

__________________________

 

 

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

 

Dear Sirs,

 

 

XXXXXXXXXXX V HSBC BANK

 

NORTHAMPTON COUNTY COURT – CLAIM NO XXXXXXXX

 

 

Thank you for your letter dated 10th August 2006.

 

HSBC paid into my account by way of a credit transfer the sum of £650.99 on 10th August 2006 and then on 11th August 2006 they removed this credit from my joint account. Having seen the credit enter the bank on 10th August 2006 I have (once a cheque reaches the account sometime soon) withdrawn these funds from my joint account. I have phoned HSBC and I was advised that they made an error in crediting this amount to my joint account. I was told on 11th August 2006 by HSBC that they had issued a cheque, as of today’s date I have not received this cheque and I am very surprised that if the cheque was even sent by 2nd Class post that I have not received this cheque. I have told HSBC that I now hold them fully responsible for ANY further charges in relation to this account now going overdrawn due to their utter incompetence.

 

The court action will continue until I receive a cheque, made payable to XXXXXXXXX which is banked and I am FULLY satisfied that the bank will honour this cheque. I would kindly ask you to remind HSBC that I will also not acknowledge full settlement of this payment until I received a cheque for £650.99 plus £1.89 interest (accrued from the date of claim to today’s date).

 

I have tried phoning your office (14th August 2006) but I had to leave a message on your answer machine as you did not answer your phone, I trust you received my message.

Yf

REFUNDED

Hubbys - HSBC £4,165 paid 18/8 after MCOL issued :)

HSBC - £651 paid 18/8 after MCOL issued :)

HSBC - £147 Prel 7/8, LBA 21/8, MCOL 6/9 £241

Hubby Halifax - Prel 29/7 £215, LBA 21/8, Offer rec. £110 22/8, MCOL 6/9 £298

Abbey - £2758 - Prel 26/6, LBA 10/7 - MCOL 26/7 £3,391, offer 25/8 £1,755.94, paid £3567.32 after Case manag hearing

Barclays - £675 Prel7/8, LBA 21/8, offer received £300 MCOL 6/9 £998 - Paid £1,012 before going to Court

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Received a cheque today for the full amount - but made payable to both my husband and myself (the claim is for my account) but I am going to bank it anyway, I do really feel like sending it back and say try again!!! Lol

REFUNDED

Hubbys - HSBC £4,165 paid 18/8 after MCOL issued :)

HSBC - £651 paid 18/8 after MCOL issued :)

HSBC - £147 Prel 7/8, LBA 21/8, MCOL 6/9 £241

Hubby Halifax - Prel 29/7 £215, LBA 21/8, Offer rec. £110 22/8, MCOL 6/9 £298

Abbey - £2758 - Prel 26/6, LBA 10/7 - MCOL 26/7 £3,391, offer 25/8 £1,755.94, paid £3567.32 after Case manag hearing

Barclays - £675 Prel7/8, LBA 21/8, offer received £300 MCOL 6/9 £998 - Paid £1,012 before going to Court

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Tigs, If it's not a personal question! can I ask if your account with HSBC is currently overdrawn? The only reason that I'm asking is that Weezypoos asked many times for a cheque, but her money was put into her account, and some was taken up by her overdraft. I am overdrawn at the moment and have been asking for a cheque, but am wondering whether this is HSBC's new tactic, give it back to you and then take it back through the overdraft!!

28/07/06 - Prelim letter sent to HSBC for £3648

31/07/06 - Letter rec'd at HSBC

14/08/06 - LBA sent to HSBC

16/08/06 - LBA rec'd at HSBC

22/08/06 - Finally!! first reply from HSBC offering £2000

23/08/06 - Letter to HSBC declining offer, saying I want ALL my money!!

31/08/06 - MCOL filed for £4551.96, to be deemed served on 06/09/06

05/09/06 - HSBC Acknowledge claim

22/09/06 - DG Solicitors offer full amount in settlement, I accept!!

27/09/06 - Full amount paid into my acount

28/09/06 - Full amount taken out of my account!!!!!:mad:

29/09/06 - Cheque arrives, FOR SOMEBODY ELSE!! with all their account details in a letter adressed to me!!!

29/09/06 - HSBC refuse to pay money back into my account

 

 

 

If I have been of any help, please click on the scales in the top right corner! :)

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Hi Mark,

 

My account with HSBC was closed many moons ago as they transferred the debt to a debt collection agency, hence me wanting a cheque made payable to me and not the debt collection agency.

 

Our joint account with HSBC isn't overdrawn either, it is an account we use to pay most of our bills and it hasn't been overdrawn (or suffered many charges over the last 6 years - I think about £167)

 

I hope that helps.

REFUNDED

Hubbys - HSBC £4,165 paid 18/8 after MCOL issued :)

HSBC - £651 paid 18/8 after MCOL issued :)

HSBC - £147 Prel 7/8, LBA 21/8, MCOL 6/9 £241

Hubby Halifax - Prel 29/7 £215, LBA 21/8, Offer rec. £110 22/8, MCOL 6/9 £298

Abbey - £2758 - Prel 26/6, LBA 10/7 - MCOL 26/7 £3,391, offer 25/8 £1,755.94, paid £3567.32 after Case manag hearing

Barclays - £675 Prel7/8, LBA 21/8, offer received £300 MCOL 6/9 £998 - Paid £1,012 before going to Court

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tigs33 hope you dont mind me asking the cheque from hsbc you received on 18/8, do you know what date was on any letter that came with it or on the cheque??

as they suppoes to have posted me one on 16th but it still not here !!

thanks

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Hi Kurjam, Of course I don't mind, the letter was dated 11th August 2006, so if that letter date is correct it took them about a week to get to me. There is hope for you yet ;)

REFUNDED

Hubbys - HSBC £4,165 paid 18/8 after MCOL issued :)

HSBC - £651 paid 18/8 after MCOL issued :)

HSBC - £147 Prel 7/8, LBA 21/8, MCOL 6/9 £241

Hubby Halifax - Prel 29/7 £215, LBA 21/8, Offer rec. £110 22/8, MCOL 6/9 £298

Abbey - £2758 - Prel 26/6, LBA 10/7 - MCOL 26/7 £3,391, offer 25/8 £1,755.94, paid £3567.32 after Case manag hearing

Barclays - £675 Prel7/8, LBA 21/8, offer received £300 MCOL 6/9 £998 - Paid £1,012 before going to Court

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OK I think HSBC are in meltdown at the moment, I received another cheque this week for £650.99, and they have now sent me a letter saying they have stopped the first cheque????? The two cheques were identical (apart from the date) so at the moment, none of their money has cleared. They did send me a letter this week apologising for their utter incompetence, and have given me a £5 credit as a goodwill gesture.

 

I think I will fire off ANOTHER letter to them and their solicitors.

 

Well the court action is still proceeding until this second cheque clears!! I have got a good mind to write to both the HSBC and their solicitors requesting my 8% interest on the 2 weeks it has taken them!!! lol

REFUNDED

Hubbys - HSBC £4,165 paid 18/8 after MCOL issued :)

HSBC - £651 paid 18/8 after MCOL issued :)

HSBC - £147 Prel 7/8, LBA 21/8, MCOL 6/9 £241

Hubby Halifax - Prel 29/7 £215, LBA 21/8, Offer rec. £110 22/8, MCOL 6/9 £298

Abbey - £2758 - Prel 26/6, LBA 10/7 - MCOL 26/7 £3,391, offer 25/8 £1,755.94, paid £3567.32 after Case manag hearing

Barclays - £675 Prel7/8, LBA 21/8, offer received £300 MCOL 6/9 £998 - Paid £1,012 before going to Court

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