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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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Zoot v Halifax Mortgages ***SETTLED IN FULL*** *


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Hi Les, i had a Mortgage with mortgages plc (Glasgow), where was your mortgage held and where did you write to for your DAR?

Up until June this year it's probably cost me about £500.00+ in admin charges and it cost me over £3k in ERC.

Could you please give me advice on what letters you used from the start of your claim!?

I have a feeling this is gonna be a fight with Mortgages PLC!

Cheers in advance..

T.D.:-)

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Hi Tracey,

 

Cor 18k that must be a record! Unfortunately this brings your claim into the multi track. There is a possibility that this could go to the High Court where only barristers can appear. Csts can escalate considerably and you will be liable if you lose. It may well be worth waiting and seeing how the current claims against Kensington are progressing before making a decision as to whether to proceed.

 

All the best

 

Zoot

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Haha Blackrain, I 've just posted on your other thread we must have been typing simultaneously. Lol

 

Both Lickthewall and thunderpuss got the same reply from BM but they paid out without submitting a defence.

 

If you wanted to respond to the no breach argument check out my letter in this thread:

 

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/27030-harsh-letter-recieved-form.html

 

All the best

 

Zoot

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I want to reclaim an early redemption charge from Abbey. I have the redemption statement but I have been looking on here for a couple of hours and cannot find a letter to send requesting them to explain how the charges came to be and asking for the fee back. Is there are letter on here?

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Excellent thread Zoot, had been putting of the mortgage company but it seams to be not much different to the steps taken on the banks.

 

I have Gmac ERC from 2003 £2800 closed after 1st year.

 

Many thanks for all the info all now clipped and pasted safely on my pc:D

 

BL:)

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  • 2 weeks later...

Hello please can someone give some advice on what to do?, we are claiming back morgage redemption charges from halifax £4000 have put money claim in and 28 days will run out on thursday, have just had a phone call asking if we could accept £2000 we have said no. they say that they have a good case against us because when we signed the contract we knew about the charges. should we take the offer or do we carry on. Please help!!!

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Hello please can someone give some advice on what to do?, we are claiming back morgage redemption charges from halifax £4000 have put money claim in and 28 days will run out on thursday, have just had a phone call asking if we could accept £2000 we have said no. they say that they have a good case against us because when we signed the contract we knew about the charges. should we take the offer or do we carry on. Please help!!!

 

They are only trying to take a cheap way out Gina, because they know they don't have a defence worth scribbling down. Stay with the plan and you will get every penny they owe you, even if it takes a little longer.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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thanks very much tamadus you are right, so what do we do if thursday (deadline) comes and we dont hear anything, i have never taken a claim this far before. the thought of going to court is very scary!!

 

I dont know how far into the claim you are Gina, I'm guessing they have to file their defence, If they don't then apply for judgement by default, if they do the court will send you an Allocation Questionaire. Fill it in using the sample in the library and start getting your court pack together just in case they do decide to set the precident none of them want to.

 

Dont worry that you haven't gone this far yet, I just sent back my first AQ :D

 

The advantage we have over them is the wonderful support and guidance this site gives us.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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wow amazing thread zoot was going to bed about 3 hours ago till

 

I started reading this thread,have got a few quid to sue Kensington

 

for too,and Mortgage express,seems every time I`M on this site

 

theres a way to get money back from the big boys,Your a star

 

Zoot well done.

 

Mikeb

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Ok, you are gong to want to slap me now. I don't want to slip up though so just going to check.....read Gizmos thread about a partner. My wife and I held the mortgage account so the court claim should be in both our names is that right?

 

No worries. You've done good work on this area.

 

Bit confused here Zoot. I thought MCOL only took one name or have I read this thread wrong somewhere?

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I did the claim in my name alone as this is all that is allowed under mcol, but all the letters (prelim and LBA) were signed by myself and my husband and the cheque was made out to us both. No one ever queried it.

 

Hope this helps

 

Zoot

 

 

here?

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Hi Zoot

 

and very well done I thought I had an ERC with mortgage express-But looks like its not, just discoverd they owe me £244 for unpaid DDs though- thanks to your posts I got the files out.

 

I Have a question what about £750 arrangement fees? are these perfectly

legal?

 

TIA Mikeb

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Hi Mike

 

 

just discoverd they owe me £244 for unpaid DDs though
-

 

You can claim these

I Have a question what about £750 arrangement fees? are these perfectly

legal?

 

 

Very expensive arrangement fee but yes unfortunately these are lawful as they do not relate to a breach of contract.

 

is it the same scenario RE- ERCs in Scotland would I have to make 2 claims against Kennsington,as it will be above £1,500 ?

 

 

 

Unfortunately you can not split ERCs.

 

Hope this helps

 

Zoot

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