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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
        • Like

Andym1973 v Halifax


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POLITE ! If you won defualt judgement on the 15th you only have to wait 7 daysd before issuing a warrant so I'd get on and do it - what do you think they would do if the boot was on the other foot ????

 

My reaction precisley "Polite" I dispair of some of these court staff. What are they bank shareholders. YOU had to take THEM to court for gawds sake do they think the bank would be "polite" in simular circumstances.

 

Get on & apply for your warrant the only thing I would do is give them working days

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I really don't have the money to issue a warrant on top of the other fee I had to pay .....so I am going to give the Halifax until Tuesday and then start phoning ....I need this money back as soon as possible. I fail to understand why they can pay so late and suffer no penalties !!!!!!!!!

Almost all of my charges have been made whilst I have the funds in the account clearing, when you look at my statements it looks like I rarely go into my overdraft ..............if they removed the clearing time on cheques I would have had only 3 or 4 charges!!!!!!1

Data Protection Act Disclosure letter sent 11th May 2006

Request for repayment of charges letter sent 3rd June 2006

Letter before action letter sent 30th June 2006

MCOL started 20th July 2006

MCOL deemed served 25th July 2006

MCOL deadline for reply from Halifax 8th August 2006

Notice of Judgement against Halifax 15th August 2006

****SETTLED IN FULL***** 31st August 2006 ****

 

Request for repayment of charges letter sent 1st Nov 2006

Charge was £39 for unpaid direct debit which would have made me £1.20 over my overdraft limit!!!!

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Write to them setting out what YOUR charges for

Tel phone calls

1st Letters

2nd letters to them or the authorities.

 

Advise them that unless they settle the CCJ will be recorded & may affect their ability to conduct business in the future

 

They are relying on you not being able to pursue your money. The Halifax have absolutley no regard for the legal process & will ignore it as suits.

 

Even if you have to borrow the money seek a warrant & have it served by a Bailiff of the High Court, not the County Court. Your County Court will/should explain in more detail.

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Thanks for that ..it's hard to get used to the idea that you can confront the bank in this way ......I thought they would just cough up !!!

Data Protection Act Disclosure letter sent 11th May 2006

Request for repayment of charges letter sent 3rd June 2006

Letter before action letter sent 30th June 2006

MCOL started 20th July 2006

MCOL deemed served 25th July 2006

MCOL deadline for reply from Halifax 8th August 2006

Notice of Judgement against Halifax 15th August 2006

****SETTLED IN FULL***** 31st August 2006 ****

 

Request for repayment of charges letter sent 1st Nov 2006

Charge was £39 for unpaid direct debit which would have made me £1.20 over my overdraft limit!!!!

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On a general note which may help why shouldn't the bank be made the subect of an oral examination.

 

Any thoughts anyone?

 

I think I must be having a blonde moment too... I dont think i understand what is mean't by this..

5th Jul 06 - Prelim sent to Halifax

20th Jul 06 - LBA sent (no response)

7th Aug 06 - Offer of £297 recieved. (declined offer)

10th Aug 06-revised date to submit moneyclaim (financial constraints prevented this action)

1st Sep 06 - Moneyclaim filed and issued

1st Sep 06 - recieved 2nd offer of £892 (after claim submitted)

5th Sept 06 - moneyclaim Acknowledged online

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I have merged all your threads and removed duplicate posts as it makes it easier to follow your progress. Please keep to one thread.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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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Im really sorry i have just worked out how to use these threads, i have been going off and starting new threads!

 

My 'Notcie of Judgement Entered' was issued on the 24th August following Halifax no reply to my claim. I still havent heard anything and i keep checking my account but no money has been deposited.

 

Having read the threads above im going to issue the warrant on friday 1st Sept and see what happens next.

 

Does anyone know what happens when you issue a warrant? i.e. how long do they have to pay?

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I think I must be having a blonde moment too... I dont think i understand what is mean't by this..

 

Once a CCJ is obtained the defendant can be brought before the court at the request of the claimant & order of the court to explain why they can't or more to the point won't pay but 1st they are sent a means test form.

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Can you imagine them listing their assets and income...? :o :lol:

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

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Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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I phoned Rachel Hinchcliffe on 01422 391096 and within 24 hours of me first talking to her politely but firmly ,I received PAYMENT IN FULL with no admission of liability ........she talked of paperwork being astray and made no apologies but was also polite .......After the first call I asked her what actions she was taking and told her I would phone back in a couple of hours to check progress ,when I did this she reported progress politely sent the fax when promised,and refunded the charges ....

Please Moderator can I have the Mexican wave of little people ?????

Data Protection Act Disclosure letter sent 11th May 2006

Request for repayment of charges letter sent 3rd June 2006

Letter before action letter sent 30th June 2006

MCOL started 20th July 2006

MCOL deemed served 25th July 2006

MCOL deadline for reply from Halifax 8th August 2006

Notice of Judgement against Halifax 15th August 2006

****SETTLED IN FULL***** 31st August 2006 ****

 

Request for repayment of charges letter sent 1st Nov 2006

Charge was £39 for unpaid direct debit which would have made me £1.20 over my overdraft limit!!!!

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I WON!!!!!!!!!!!!!!!!!!!!!

 

No indication that halifax were going to pay it just landed in my account this morning, so iam £3,445 richer today.

 

I will be making a donation!:)

 

Thanks for all your help!

 

-29th June -Halifax 1st offer = £158

-REJECTED

-20th July - Halifax 2nd offer = £710

-REJECTED

-4th Aug MCOL issue for £2440 + £885 interest + £120 court fee =£3,445

-24th Aug MCOL JUDGEMENT issued

-31st Aug - SETTLED IN FULL!

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Well done Andy. Don't forget to do the survey too.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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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