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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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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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first direct, need a wee bit of advice


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Dear all,

 

First of all, I am very new, so please be nice! I have been looking to claim bank charges from first direct for a total of £665. I sent of the letter requesting statements for the last 6 years and they sent me all of these free of charge - posted the cheque back for £10 whihc was nice of them!

 

I then wrote and claimed the full amount back and they have offered me £555. Tempting to accept that, bearing in mind it'll cost me £80 to claim through moneyclaim, but I have a couple of questions:

 

- if I make a claim through moneyclaim, will I get the £80 back?

 

- is there a template letter to say "thanks but no thanks to your offer" - i can't find one on here at all, but maybe that's me being dim!

 

Good luck to all of you claiming charges back - I have found this website an absolute godsend and have passed details on to many friends and family members, so keep doing what you're doing!

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Hi :)

 

Yes you will get your £80 back plus the 8% interest if you file through money claim. I don't believe there is a template for that letter but it is not too hard to do a letter saying that - the others are just more legalese :)

 

Good luck - you'll get it all back soon.

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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First of all it's your claim, so do what you feel best, however lots of people get these offers, carry on claiming the full amount and succeed. So go for the lot I'd say!

 

When you file the claim and win, not only do you get your costs back but you will also get 8% APR on each unlawful charge levid from your account.

 

I would write back saying something like:

 

I write in reference to your letter dated *****.

 

I confirm that I accept your offer of the sum of £*** as an interim payment against the full amount requested, but not as a full and final settlement. Please contact me so that I can confirm which account I would like this to be paid into and to confirm a date by which this payment will be made.

I now give you a further 14 days from the date of this letter to return the remaining £*** (total amount £***) and confirm what date payment will be made.

 

Failure to respond positively to my request, within this time frame, will leave me no alternative than to issue a claim. After that there will be no further communication from me.

Looking forward in earnest to hearing from you.

Hope that helps.

It would also be worth starting a thread in the relevant bank forum.

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, 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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Hi, I'm very new too, both to this site and the computer in general. Just sick of all these charges, then to find out the Halifax has been taking them illegally! Well that puts the cherry on the cake so to speak. I sent for my statements on 21st June and they cashed my cheque but I'm still waiting. Anyway it seems I've got a human interest story as my son died and my account went a bit haywire, I got no sympathy from the bank then and I don't need it now so I'm going for all the charges going way back. Not sure how much it will be but hey! Hope you get yours all back, if they've made an offer it just shows. Joyce.

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Hello people!

 

I have just landed on this forum, & guesswhat? I claimed £494 from FD, & have had an offer of £377.50! I've just amended the LBA to acknowledge but reject their offer. Should i accept it as part payment as is suggested above?

 

Now this may sound very silly indeed, but isn't it BETTER for me if we end up in court & i get my 8% interest on top?! It's over £100 more!!

 

Finally (for now), they've offered to make the payment to reduce my O/D. I've said I want the full amount, & as a CHEQUE. Am i within my rights? Will this really antagonise them?

 

PLease reply if you know any of this type stuff.

 

Thanks,

Mel

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If they end up offering you the full amount you asking for then you can't claim to get the 8% APR. Only issue a claim one the deadlines are up and the full amount hasn't been offered to you.

 

You can also ask for the amount by cheque, but if you are going to use it clear the overdraft then you're probably best having it paid directly into your bank account.

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, 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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thanks, Closey, i find it ironic is all...i'd much prefer that they pay up for peace of mind...i don't get why we can't claim the 8% unless we end up in court!

 

the way i see it is - FD is a bank, i am not. they have some of my money that i didn't lend them. i have some of their money that they did lend me, & on which they charge interest (not disputed). actually i'm keen to pay off the debt that remains, but take umbrage at their imposition of a debt reduction using my money when i'm already paying my negotiated instalment unfailingly each month.

 

bottom line is that the full amount will be lovely & i will be delighted if i don't have to wrestle with any default they might enter against me. hopefully that won't happen as they have had no cause thus far. i get a bit scared they might do something vengeful.

 

thanks soo much

Mel

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  • 2 weeks later...

Thank you ever so much for al your help here - I hav written to fd now and said that whilst I accept their offer, if they do not pay the extra £100 I will take them on in court! Still waiting on a response, but thanks ever so much to all that helped. :)

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