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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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won Claim for return of College fees-service not provided - now Suing for loss of earnings.


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I'm liking that letter, thanks LP.

No problemo.

 

I happened to take a photocopy of the actual cheque that I paid in, shall I attach a copy along with the DG's letter?

Yes. That's going to be clearer than their copy.

 

Also FYI, I've not had any notice from Watford County Court relating that HSBC has dropped their application. I think I'm going to call the court tomorrow to see what is going on.

The court won't send you notice. They're not supposed to. You can call to confirm the application's been withdrawn if you want. Won't do any harm I suppose.

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OK all done and ready to post. Thanks LP.

No problemo.

 

Keep us posted.

 

If they call you insist that they respond in writing, and hang up. Make sure they're calling about that issue though. (You don't want to hang up if they're calling about your general banking facilities.)

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Posted SD today.

 

Got a letter through today from Watford County Court.

 

It reads;

 

"Take notice that the court has sent the application for judgement to be set aside by post and the envelope has been returned to the court marked: "Insufficient address".

 

The document is nevertheless served unless the address given on it is not the relevant address for purposes of rule 6.5 of the Civil Procedure Rules."

 

What the hell does all that mean LP???

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Posted SD today.

 

Got a letter through today from Watford County Court.

 

It reads;

 

"Take notice that the court has sent the application for judgement to be set aside by post and the envelope has been returned to the court marked: "Insufficient address".

 

The document is nevertheless served unless the address given on it is not the relevant address for purposes of rule 6.5 of the Civil Procedure Rules."

 

What the hell does all that mean LP???

Sounds like the application of HSBC was sent to LITR too (as it should be) and was returned to sender.

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Received a letter from HSBC saying gthey are looking into the matter.

Good.

 

Would it not be wise to send a copy of the letter I sent to HSBC's head office to the person that sent me the letter telling me to obtain another cheque?

You're asking if you should send your letter of complaint to the incompetent nincampoop who couldn't see the cheque is from Horribly Slow Bank Clerks themselves?!?! Never! You're complaining about that idiot and the idiot's team, so sending the idiot a copy of the letter, would be like saying the idiot isn't as stupid as the idiot is!

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No, I was talking about sending him a copy, not writing to him.

That's what I wrote, and is just as ridiculous an idea!

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ok, i think this is actually over now, they debited the money requested into my account.

 

phew, at last.

 

Thanks again LP for all your help! I shall be making a donation to to the CAG forums too. can someone suggest an appropriate amount?

Nobody can tell you what's appropriate.

 

That's for YOU and YOU ONLY to decide.

 

It's not over. You are entitled to compensation for their botchup. If they don't send you a letter offering satisfactory compensation, then we prepare a complaint to the Financial Ombudsman Service once 8 weeks have gone by from the date they received it.

 

Also we need to notify the court that the judgment debt has been paid - wait till you get confirmation from HSBC that it was paid into your account, in case they botch up again and withdraw it.

 

Don't worry, unless they botch up again, there should be no more Special Delivery. Maximum of 1st class Recorded/SignedFor, but otherwise 1st class regular or fax.

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Wait till you get a letter from them confirming this before doing anything. You never know with banks!

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:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

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  • 2 weeks later...
I have the letter and will be emptying my bank account and switching banks very soon!

 

thank you all for your help especially you LP!

About bleeding time too! Please can you give me some pleasure and post up the letter - minus confidential details - as an attachment here?

 

We also need to write a letter to the court and to DG Solicitors to tell them the payment has finally been made and the court should mark the judgment as satisfied.

 

Also are you intending to take action for loss of earnings? If you are I recommend you stay with Horribly Slow Bank Clerks till that action is over as your being a good customer might at least speed up a settlement - on the odd occasion.

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please see attached...

 

And yes I would most definitely like to pursue my loss of earnings.

Put it into Word or PDF with PrimoPDF please!

 

As usual attaching as an image messes it up!

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:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

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Great! I'm keeping this browser window open and later tonight I hope to pop back with proposed letters for you to send to the court & DG Solicitors that closes this section.

 

Once those are sent off - by fax - please come back here and I'll tell you what you need to do - Witness Statement from boss and the like - before we can go ahead with more proceedings. But I doubt I'll be able to actually help you to issue them till late March earliest, but that's Ok. We'll get LBA's off next week and give them 4 weeks to respond!

 

I'd like to separate the loss of earnings into a new thread when we're ready, but I'll deal with that tomorrow or Tuesday, when you have confirmed that you've faxed off the letters.

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Ok, I was just wondering. Can we not just tell HSBC to pay up based on the fact that I've now passed my exams and the fact that they will not win; instead of getting witness statements etc etc etc?

You need to prove your claim! What do you think they'll pay up because you ask for money! I wish life was that simple!

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:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

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but wouldn't the proof just be my proof of passing my exams?

NO!!!!

 

I don't believe you're that thick, so please don't behave that thick! So you write to HSBC saying I passed my exams and lost a grand in loss of earnings because of the incompetence & negligence of LITR for which you're jointly and severally liable under s75.... Pay up! What the hell do you think they'd write? Obviously, prove your loss!!!! Duh! Please! You are smarter than that! I hope!

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:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

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