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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
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And so it begins... me vs BOS


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Don't think it really matters CJ. They probably don't even read anyones letters properly.

mairi

 

thanks they probably dont as well. Besides they only really acknowledged my letter, they never offered a definitive response to my claim :D *cough*

HBOS - Data Protection Act Request 03/08/06

HBOS - Statements received 29/08/06

HBOS - Preliminary Letter Asking for it Back 01/09/06

HBOS - LBA Sent 19/09/06

HBOS - Moneyclaim filed 06/10/06

HBOS - acknowledged claim 11/10/06

HBOS - partial offer received for £716 16/10/06

HBOS - I THINK I MIGHT HAVE WON!! HBOS credit my account

with £2341 + costs/interest!! will know details soon

26/10/06

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  • 2 weeks later...

i was thinking about sending another letter giving them a few more days (5 days) for them to do something.

 

They havent responded to my LBA at all.

 

I could word it something like

 

Dear Sirs

 

I am disappointed and aggrieved that i have received no reply from yourselves to my LBA dated 19/9/06.

 

In the interests of settling this case amicably i am willing to give yourselves 5 more days to settle this claim.

 

 

or something like this??????? hrmmm not sure

HBOS - Data Protection Act Request 03/08/06

HBOS - Statements received 29/08/06

HBOS - Preliminary Letter Asking for it Back 01/09/06

HBOS - LBA Sent 19/09/06

HBOS - Moneyclaim filed 06/10/06

HBOS - acknowledged claim 11/10/06

HBOS - partial offer received for £716 16/10/06

HBOS - I THINK I MIGHT HAVE WON!! HBOS credit my account

with £2341 + costs/interest!! will know details soon

26/10/06

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got a letter from them today saying they were sorry they hadnt got back to me since their last letter and they need until 26/10/06 to investigate my complaint.

 

so yeah onwards to court action it is then!

HBOS - Data Protection Act Request 03/08/06

HBOS - Statements received 29/08/06

HBOS - Preliminary Letter Asking for it Back 01/09/06

HBOS - LBA Sent 19/09/06

HBOS - Moneyclaim filed 06/10/06

HBOS - acknowledged claim 11/10/06

HBOS - partial offer received for £716 16/10/06

HBOS - I THINK I MIGHT HAVE WON!! HBOS credit my account

with £2341 + costs/interest!! will know details soon

26/10/06

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ok have submitted claim via moneyclaim online :D

 

used my scottish address and an english address for documentation (required)

(so it should be heard via english county court system i hope)

Thing is, ive said in my particulars of claim that i will be sending another copy of the schedule of charges which includes the interest but where do i do this online??????? ive given a total of charges including the interest on moneyclaim but not a breakdown.

 

do i post it to HBOS ? post it to Northampton county court including my claim number??

edit: i made the claim against the HBOS in trinity road halifax is that ok?

uhmmm i also named Rachel Hinchcliffe in Legal services is that ok you reckon?

 

thanks!!!!!!

CJ

HBOS - Data Protection Act Request 03/08/06

HBOS - Statements received 29/08/06

HBOS - Preliminary Letter Asking for it Back 01/09/06

HBOS - LBA Sent 19/09/06

HBOS - Moneyclaim filed 06/10/06

HBOS - acknowledged claim 11/10/06

HBOS - partial offer received for £716 16/10/06

HBOS - I THINK I MIGHT HAVE WON!! HBOS credit my account

with £2341 + costs/interest!! will know details soon

26/10/06

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can anyone confirm that i havent ballsed things up please?:confused:

 

checked moneyclaim and its been issued. Theres now an option under judgement "start" where it asks

 

Do you wish to enter Judgment by Default or by Admission?

 

which i presume is where i go after the 14 days.

HBOS - Data Protection Act Request 03/08/06

HBOS - Statements received 29/08/06

HBOS - Preliminary Letter Asking for it Back 01/09/06

HBOS - LBA Sent 19/09/06

HBOS - Moneyclaim filed 06/10/06

HBOS - acknowledged claim 11/10/06

HBOS - partial offer received for £716 16/10/06

HBOS - I THINK I MIGHT HAVE WON!! HBOS credit my account

with £2341 + costs/interest!! will know details soon

26/10/06

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HBOS have acknowledged the claim 11/10/06....

 

hrmmm this means they will probably defend bugger...

 

sending out further copies of schedule (which includes the interest) and a copy of their terms and conditions to them today/tomorrow. (in case they use this against me ie that i didnt send it to them)

 

Other than that unless they've spotted something with my claim that is incorrect (and so might get my case struck out?) then everything is proceeding as normal?

HBOS - Data Protection Act Request 03/08/06

HBOS - Statements received 29/08/06

HBOS - Preliminary Letter Asking for it Back 01/09/06

HBOS - LBA Sent 19/09/06

HBOS - Moneyclaim filed 06/10/06

HBOS - acknowledged claim 11/10/06

HBOS - partial offer received for £716 16/10/06

HBOS - I THINK I MIGHT HAVE WON!! HBOS credit my account

with £2341 + costs/interest!! will know details soon

26/10/06

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wooo an update for anyone that is interested!!! :o

 

got an offer from HBOS!!!!

 

Dear .....

 

thank you for your recent letter

 

I am sure you will appreciate like other organisations we incur costs for every transaction made. When we pay an item against an unauthorised overdraft or return an item unpaid, we incur extra costs regardless of the shortfall involved. We believe it is fair to pass these costs on to the accounts affected, as opposed to them being absorbed by other customers.

 

blah blah blah usual blurb about terms and conditions then....

 

As a gesture of goodwill i would like to offer you £716 in full and final settlement of your complaint. I must stress that future charges will stand and we reserve the right to close your account if you do not manage it correctly. To accept my offer please sign and return the enclosed acceptance form in the pre-paid envelope.

 

I know this wont be the response you were hoping for, to comply with legislation, i would like to let you know that if you remain unhappy you can refer your concerns to the financial ombudsman service.....etc etc etc

 

from a Chris Hale Redress Assessor at Customer Relations

 

What will i say to them? I accept as part payment but it wont affect me proceeding with my claim for the full amount?

 

Im so please i got this offer as i was always worried that they would chuck my claim out or something....now i know that they are running scared if they are offering me money to go away :D

HBOS - Data Protection Act Request 03/08/06

HBOS - Statements received 29/08/06

HBOS - Preliminary Letter Asking for it Back 01/09/06

HBOS - LBA Sent 19/09/06

HBOS - Moneyclaim filed 06/10/06

HBOS - acknowledged claim 11/10/06

HBOS - partial offer received for £716 16/10/06

HBOS - I THINK I MIGHT HAVE WON!! HBOS credit my account

with £2341 + costs/interest!! will know details soon

26/10/06

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Hi folks, is this letter ok to send to HBOS saying i accept their part payment but it wont affect or stop my claim going through MCOL (ie through the courts)

 

Also should i send it to the below address (Rachel Hinchliffe at legal dept HBOS) or should i send it to the guy who sent a letter to me with the offer e.g. a Chris Hale, redress assessor customer relations from Dunfermline BOS branch!!!

Or should i send it to both??

 

 

Halifax Bank of Scotland Group

Ms Rachel Hinchliffe

Legal Services - Retail

Trinity Road, Halifax

West Yorkshire

HX1 2RG

Re: Account number XXXXXXXX

Response to settlement offer.

 

Dear Sir/Madam

Thank you for your letter dated 16/10/06

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £2341 (not including court costs and respective interest charges see enclosed documentation)

 

I will accept the sum offered only as part settlement and on the clear understanding that this will not affect my claim currently proceeding through the courts (via MCOL).

 

You can contact myself on the following number should you wish to come to an out-of-court settlement on this claim prior to this action being heared in the respective county court. ______________

 

 

I trust this clarifies my position.

 

yours sincerely

 

etc etc

---------------------------------------------------------------------------------

 

HBOS - Data Protection Act Request 03/08/06

HBOS - Statements received 29/08/06

HBOS - Preliminary Letter Asking for it Back 01/09/06

HBOS - LBA Sent 19/09/06

HBOS - Moneyclaim filed 06/10/06

HBOS - acknowledged claim 11/10/06

HBOS - partial offer received for £716 16/10/06

HBOS - I THINK I MIGHT HAVE WON!! HBOS credit my account

with £2341 + costs/interest!! will know details soon

26/10/06

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ohhhhhh BUGGER!!!!!!!!!!!!!!:o

 

got a letter forwarded from my english address which is basically the hard copy version of the ACKNOWLEDGMENT OF SERVICE. (HBOS acknowledged claim)

 

however......

 

they have the defendant down as : the Bank of Scotland, The Governer and Company of

 

AND

 

they have ticked that they are intending to defend all of the claim!

 

a MR A O'Brien (RAH) Solicitor acting on HBOS behalf Head of Legal Services.

 

Balls! what happens now??? they havent said they are defending on the MCOL site...but i suspect this is because they are waiting to see if i accept the offer they gave me hrmm

 

edit: posted acceptance of offer as partial settlement ONLY. 20/10/06

HBOS - Data Protection Act Request 03/08/06

HBOS - Statements received 29/08/06

HBOS - Preliminary Letter Asking for it Back 01/09/06

HBOS - LBA Sent 19/09/06

HBOS - Moneyclaim filed 06/10/06

HBOS - acknowledged claim 11/10/06

HBOS - partial offer received for £716 16/10/06

HBOS - I THINK I MIGHT HAVE WON!! HBOS credit my account

with £2341 + costs/interest!! will know details soon

26/10/06

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I'm very interested in how you get on now - my LBA has gone and 14days is up tomorrow, with No reply!

Got a reply from first request like you from Dunfermline and thats where I sent the LBA.

Noticed that you used the online service ie England so it will be great when you suceed!!

 

All the best

 

Jim

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Hi, i think the 28 days are up from around the 7th or 8th November so they have until then to enter official defence. I think at the moment they may be considering what further offers to send me :)

 

If they defend and i have to travel down to england ill ask them to pay my travel as well.

 

One concern i do have is that they may ask for the case to be heard in scotland (BOS terms and conditions)and because its over £750 try to get it dismissed under small claims.

They may not try it but ill be ready for them if they do. Cant think of anything else feasibly substantial for them to use.

 

In any case i gave them my mobile number so i perhaps should expect a call at the last minute (prolly on same day as court date etc)

HBOS - Data Protection Act Request 03/08/06

HBOS - Statements received 29/08/06

HBOS - Preliminary Letter Asking for it Back 01/09/06

HBOS - LBA Sent 19/09/06

HBOS - Moneyclaim filed 06/10/06

HBOS - acknowledged claim 11/10/06

HBOS - partial offer received for £716 16/10/06

HBOS - I THINK I MIGHT HAVE WON!! HBOS credit my account

with £2341 + costs/interest!! will know details soon

26/10/06

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ye gads!!!!!!!!! :eek:

 

checked my bank balance today!

 

£2341 + costs and interest! credited to account!

 

it dawns on me.............

IVE WON!!!!!!!!!!!!!!!!

 

i phone my brother in england.... theres a letter for me from the bank. He opens it. Its a long letter (he skips to the bottom) he just says "yeah youve won"

 

:grin: :grin:

 

Should get it tuesday when ill know the details!

i can hardly believe it tbh! i feel like david before he's going into the ring against goliath and being told that goliath has pulled a sickie ergo i win by default

 

Soon as i sort out the details donation is on its way, thank you soooo much to everyone who has helped!!!!!!!

HBOS - Data Protection Act Request 03/08/06

HBOS - Statements received 29/08/06

HBOS - Preliminary Letter Asking for it Back 01/09/06

HBOS - LBA Sent 19/09/06

HBOS - Moneyclaim filed 06/10/06

HBOS - acknowledged claim 11/10/06

HBOS - partial offer received for £716 16/10/06

HBOS - I THINK I MIGHT HAVE WON!! HBOS credit my account

with £2341 + costs/interest!! will know details soon

26/10/06

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