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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.

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      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.
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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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hsbc does incorrect = unenforceable?


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Listen , guys , I don't know if you noticed....... but this thread was started by Steiner 316 who put one post on it then got swamped by everybody else - :eek:

 

Anybody like to help him /her out with some direct answers ..... ? :cool:

 

Or are you OK Steiner 316 ? :D

  • Haha 1

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Hee -Hee - thats not the first time that's happened to me - Smokieone was another I think ..........:lol::lol:

 

Still as long as you've forgiven yourself ....... :rolleyes: that's OK , then LOL!

 

 

btw thanks for the tip ! :)

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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And to admit to it in writing is a bonus - ! What a load of wallies ........ :D

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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  • 2 months later...

Tell them that any error renders the agreement unenforceable - as quoted in your previous letter - what part of unenforceable don't they understand ?

 

Tell them you know that the money remains lawfully owing , but due to their incompetence it is now up to you how and when you pay it and they are not allowed to default you or contact credit agencies .... any such infringement would result in a court action to clear your credit rep .

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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You can point out to them that they should not default you whilst an account is 'In Dispute' , but they've been known to ride roughshod over this ruling and do it anyway .

 

There are a couple of good links to ask them to remove it though :

 

This one from Bankfodder :

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/149449-put-your-credit-reference.html#post1581179

 

and this scorcher from pete castlebest (#5 is the one you need ):

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/149449-put-your-credit-reference.html#post1581179

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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Oops - sorry about that presumeddead :oops::)

 

I think this is the one you want ;

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/164871-castlebests-default-removal.html#post1946244

still#5

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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  • 2 weeks later...

It shouldn't be with MCS if it's unenforceable ....

 

Why not send them the letter atwozee gave you in thread #22..... and tell them this account has been in dispute and unenforceable since xx xxx xx (date ) ... and they should pass it back to HSBC ....(which is just down the corridor anyway , as they're HSBC's In -House ' collectors ).... :rolleyes:

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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Sorry , presumeddead , I should have added that you I don't believe you have to have a FOS case no. It is unenforceable because of HSBCs error , they'll have to take it up with them .

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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as hsbc are refusing to accept that the mistakes are serious

 

If they don't think they're serious , why haven't they been hounding you mercilessly for payment - they know the terms of Wilson & Anor v Hurstanger Ltd [2007] EWCA Civ 299 as well as the rest of us - one little mistake - bang! It's unenforceable ............. :D

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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  • 2 months later...
by CB TBH, the FOS are about as useful as a chocolate fireguard so perhaps wait and see if either JM or atowzee confirm that this is something that they would take up on your behalf.

 

I'm inclined to agree with CB about FOS's usefulness .... I think I'd let HSBC (or HBEU:confused:) take the next step towards court , then see what happens - they know they're in the wrong - you've got a legal precedent to quote , I don't think they'll risk it ...

IMHO, I think you need to wait and see what happens next.. this is a large financial institution who shouldnt be making such stupid mistakes !!. They know they are in the wrong and that their error effectively prevents them from collecting on this account.

 

I dont think I know this crowd 'hbeu legal' :confused:

 

This is a weird one I haven't heard of before , bit it looks like an upmarket branch of DG , HSBC's in-house solicitors .. :rolleyes: . You've told them the state of play , if it were me I'd let them make the next move ,

 

Well, I did just a google and discover that all links refer back to HSBC, so this is probably another "inhouse" department.

.......

Edited by johnnymitch
Tidying up post .....

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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