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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      If you are buying a used car – you need to read this survival guide.
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      ATJ posted a topic in Vehicle retailers and manufacturers,

      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. 
       

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

My first claim against HSBC - Settled

Spiceskull

By Spiceskull
in HSBC, FD and HFC successes

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norvernrob

norvernrob

Posted
Posted

Good stuff SS, my LBA deadline is next week, I can't wait to start moneyclaim!

Bank of Scotland: Claiming £699.47, SETTLED IN FULL at moneyclaim stage

Sisters NatWest - Claiming £1056 - SETTLED at AQ stage

Natwest CC - Claiming £804, SETTLED IN FULL at LBA stage

GF Natwest - claiming £749.33, moneyclaim filed - SETTLED IN FULL 04/08

MBNA: Claiming £150 - SETTLED IN FULL at LBA stage

HSBC: £1014 - SETTLED at LBA stage + pending charges removed

Sisters HSBC - £300 - SETTLED IN FULL at prelim stage

Yorkshire bank - claiming £496.68 - SETTLED IN FULL at court date stage.

Capital One - claiming £605.54 -SETTLED IN FULL

 

 

 

DON'T FORGET TO DONATE!

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Spiceskull

Spiceskull

Posted
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Glad all you HSBC'ers are following. Whilst it may well be the case that I won't be able to discuss details of my claim anymore (depending on the bank's response) I will certainly be able to offer help where needed. :rolleyes:

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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Guest Lueeze

Guest Lueeze

Posted
Posted

Im going to be claiming almost the same amount I think, mines £2001 for 3 years, and I still am waiting on the other 3 year, Im pretty sure our amounts and problems will mirror, as HSBC have failed to respond to my DPA get a move on request...

 

Oh dear! LOL!

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thecornflake

thecornflake

Posted
Posted

My 2p on the discussion of whether you should keep hounding them or leave them alone after the LBA is that their consistent refusal to answer your direct questions strengthens your case. If it does go to court you can add on to everything else the fact that they are refusing to justify their costs that they say are the basis for the charges.

 

However, once you have officially issued the claim you may need to be more careful as they will have lawyers dealing with all correspondence and you don't want to risk your case.

 

Anyway, I have enjoyed reading your letters to the bank! Good luck.

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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MALCOLMGILL

MALCOLMGILL

Posted
Posted
However, regarding the refund itself, and also the timing, I have another thread going, trying to determine if 'charges pending' can actually be prevented...

 

 

 

 

 

I Remember years ago that if you told the Bank that you might tempory go overdrawn for whatever reason that they wouldnt charge you ? I wonder if that still applies today? you could then prevent any charge happening by telling them first after all when this is all over you can bet your bottom dollar there will still be a charge for going overdrawn.

congrats on your success...........

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Spiceskull

Spiceskull

Posted
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I Remember years ago that if you told the Bank that you might tempory go overdrawn for whatever reason that they wouldnt charge you ? I wonder if that still applies today?
Unfortnately (or fortunately if you are an obnoxious git like me) the automation of account management prevents intervention, and therefore manual interference in accounts.

 

For me this means that I am being set up for years of fun, and satisfying letter writing, as well as plenty of acrobatic exercising in the different approaches I may take.

 

Whilst waiting for the 'icing on the cake' of my main claim, I am preparing an 'exorbitant interest' claim over charges pending, as well as a 'limited statute of limitations' claim going back to 1982. I have also considered, nay implemented, a strategy of charging the banks for my time in dealing with their ineptiude over charges pending. This has yet to bear fruit, but rest assured, once I gather my harvest it will be bountiful, and I will have no option but to share...O' come all ye faithful...:)

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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Spiceskull

Spiceskull

Posted
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To bring my fan base up to date:

 

The letter I received on Tuesday was from DG Solicitors, who are the in-house legal bods for HSBC. The letter effectively offered full and final settlement, and that they 'naturally' expected my confidence in this matter.

 

I wrote back saying 'no,' I will not accept any confidentiality clause. However, regarding the settlement itself I was happy to accept as full and final settlement for this claim, and THIS claim ONLY. The letter was delivered to them yesterday morning at about 08:30.

 

I have yet to hear from the bank or DG, but I logged into my account this morning and...there was my money! Settlement in FULL. I am still trying to convince myself it is actually there...but...it is.

 

Hang in there, even the £4K claims will be paid if you are patient, and until I hear to the contrary, I will be able to help and discuss with any of you guys.

 

YESSSS!!!!! :):):):):):)

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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loz

loz

Posted
Posted

Congratulations! Gives me hope :-)

 

Loz

I hate Alliance + Leicester

BT: No longer a customer :)

HSBC: £1222 refunded 28/5/06; Second claim of £737-24 refunded 9/11/06; PPI + interest on personal loan refunded 27/7/08

MBNA: £100 refunded on first claim of £112; £208 refunded on second claim for £108 24/9/07; PPI £256-28 refunded 8/4/08

NatWest: £1581-71 refunded 16/12/06; personal loan CCA agreement not provided

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ChelseaGirl

ChelseaGirl

Posted
Posted

OMG - can't believe how quick after they got the letter you got your money. Well done. And you haven't agree'd to any confidentallity clause.

 

Still a few days behind you - still no acknowledgement or letter :-( will keep waiting

HSBC - Default Judgement - £4892

HSBC, PA 29/3/06 LBA 12/04/06

HSBC, Court Claim Filed - 26/04/06

Lloyds - Claim - £625

Lloyds PA sent 16/05/06

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Spiceskull

Spiceskull

Posted
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Still a few days behind you - still no acknowledgement or letter :-( will keep waiting
A little patience works wonders...when you get your letter let me know what they say, and what conditions they apply...:)

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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simm1701

simm1701

Posted
Posted

In what way did you reject the confidentiality claim, I'm likely to be in that position soon myself and as a proponent of freedom (I don't limit it to "of speach", but include "of action" and "to take the consequences" - without one the other two are meaningless) the idea of signing a confidentiality agreement with the bank is distasteful to say the least.

 

I've had a few thoughts on what grounds to reject it (I'm not after accepting money in return for the agreement) but would be interested in knowing what was sucessful

 

Simon

HSBC Claim: £342 - settlement of £300 offered and accepted before court procedings started

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Spiceskull

Spiceskull

Posted
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Hi Simon,

 

The letter was pretty straightforward - 'management time...unjustifiable expense...happy to settle...naturally we expect confidence.'

 

They then provided a little 'tear-off' slip for me to sign (how sweet) that said 'I accept as full and final...I agree to be quiet...all future charges are unrefundable...' - you know the stuff. Simply cross out and initial the bits you don't agree with (most of it) sign and send back. You may want to include a cover letter, offering explanations, but the reality is they will just cough up.

 

Personally I think the confidentiality thing is a last minute scare tactic - they don't offer to pay for it, so they don't really want it.

 

Good luck.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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Mikelatham

Mikelatham

Posted
Posted

What a fantastic, epic thread. i've just read it all, and its really helped. cant believe them sending so many 'we're gonna hang around with fingers up our @rses then get back to you after lunch, or tomorrow, or maybe never' emails they sent you!

 

Well done my friend. Mike

:)HSBC Current - Prelim sent 2/6/06 £1060 Reciept confrimation 5/6/06

:mad:HSBC Credit - Statements requested 6/6/06 - I reckon around 500 notes.

;)NATWEST - Parachute account opened 4/6/06

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Spiceskull

Spiceskull

Posted
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get back to you after lunch, or tomorrow, or maybe never' emails they sent you!
Another word of advice (gained from experience) - do NOT use their online message service. Use normal and recorded mail only...the email route had me frustrated for a while, but it did make me more determined than ever before.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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Mikelatham

Mikelatham

Posted
Posted

Dear mr skull,

 

someone will get back to you as soon as i have found an appropriate way of saying thankyou for helping me with my claim and giving advice. your thread means a lot to me and will be dealt with accordingly, please find the enclosed leaflet titled "Fob off, Stall and ignore - The HSBC Way"

 

Mike

 

 

heheehe

:)HSBC Current - Prelim sent 2/6/06 £1060 Reciept confrimation 5/6/06

:mad:HSBC Credit - Statements requested 6/6/06 - I reckon around 500 notes.

;)NATWEST - Parachute account opened 4/6/06

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robbond55

robbond55

Posted
Posted

Spiceskull - Congratulations!

May this be the first of many claims you win!

And also, to celebrate your good fortune, a little poem from the Bard of Bankactiongroup!

 

The EDIT of your money,

Is now so clear to see,

How the public has been ripped off

From the EDIT HSBC

 

They came along with charges

So big they made us cry

For just a penny overdrawn

We wondered "why, oh why?"

 

But along came a customer

Who would not take their bull

They know him as HSBC's nightmare

But we know him as....

MR SKULL!!!!

 

 

 

**Moderator Note: Edited due to libelous content.

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Spiceskull

Spiceskull

Posted
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Hey - I'm blushing here. Cheers guys...:cool:

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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