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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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wooly V Halifax


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Of course you can keep on suing the same bank! theres probably a dartboard with a picture of my ugly mug up onthe wall at the Mound somewhere! Just about to lodge my 4th, or is it my 5th claim against Bank Of Silly!!! ;):D

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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  • 1 month later...

As bf accepted a payment off them as it was what we were claiming last year and after they took more charges out they wrote and said they had said they wouldnt pay out to us again.Have we still got a case?

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  • 3 months later...

Hi

You need to read up on this link, there are many changes plus I would suggest you read up on similar threads. It is not going to be as easy this time round given your past claims and the OFT teat case.

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/107582-oft-test-case-what.html

 

Best of luck, please update regularly so we can keep a track on progress.

 

If you need any help, please ask.

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Also it might be a good idea to open another acount, as there is a chance they could close your account.

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  • 5 months later...
  • 1 month later...

Have you done all the other letters first? Prelim and lba?

 

If so then yes, fill in your N1 and POC, together with your spread sheets including interest, and take to your local county court. Take 3 copies of everything.

 

Also your fee, or if you are on benefits, take recent proof.

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I have just noticed you have quite a few Halifax threads. I have asked to get them merged so you have 1 thread. It is a lot easier to keep track of what you are doing, and the advie you have been given.

 

Please keep everything on this thread from now on. ;)

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When I fill in POC that Zootscoot made for the halifax on the bit that says

 

And the Claimant claims

 

(1) A declaration that the sums totalling £2300.00 have wrongly been debited from the Account

 

(2) Payment of the said sum of £2300.00 charged by the Bank thereon.

 

(3) Interest under section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date of wrongful debit to date in the sum of £81.48 and at the daily rate of £ 1.00 until judgment or sooner payment.

 

(4) Court costs of £85.00

Is this right ? and do I print out schedule 1?

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(3) Interest under section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date of wrongful debit to date in the sum of £81.48 and at the daily rate of £ 1.00 until judgment or sooner payment.

 

 

When do these charges date from? £81.48 seems low to me unless the charges are fairly recent.

 

Daily rate on £2300 is £0.51p

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