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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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TJ and The Halifax


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Well, I came here, registered and started the process. Having amassed a hyuuge >1500 quids worth of charges, and my bank lately plummeting me into the red, I thought it was time to do something about it. The first letter went off with a schedule of charges and, predictably, the bank has returned with a letter refuting the illegality of the charges they levy and a 'goodwill' gesture of a £56 refund on pending charges. So I guess it's the next step.

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Welcome TJ

 

Well done for initiating the process ... make sure you follow the guidelines suggested by this site ... FAQ's and Step-by-step instructions need to be devoured and inwardly digested, then post a new thread in the forum that relates to your bank so others can see your progress and help you according to the stage you are at.

 

Plenty of help always around, so do ask !!

 

Good luck ... enjoy!

:)

  • Confused 1

Outacash ...

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  • 2 weeks later...

Another brave soul takes on the might of the Yorkshire financial institutions. almost £2K owing in charges, first letters have gone out (Halifax offered to defer £56 worth of charges as a 'goodwill' gesture). My last letter should be arriving tomorrow or Thursday and then it's moneyclaim time.

 

:p

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Good stuff. Welcome aboard by the way!

 

Keep us posted

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Yes. You might want to post your Particulars of Claim here, so that we can ensure you have included everything you might need....

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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What i wrote!

 

Claimant has a contract with Halifax PLC

opened in 1987 conducted on their standard

terms and conditions. I am claiming the money

taken by the defendant in charges for the

last 6 years plus interest. The bank's

charges are a disproportionate penalty and

therefore unenforceable as they are contrary

to common law. Further, as a disproportionate

penalty they are invalid under the Unfair

(Contracts) Terms Act 1977 s.4 and under the

Unfair Terms in Consumer Contracts

Regulations 1999. Para.8 and sch.2(1)(e). In

the event that the charges are not a penalty

then they are unreasonable within the meaning

of the Supply of Goods and Services Act 1982

s.15. The bank will not justify these

charges. Charges:Unpaid penalty charges from

April 2002,including unauthorised overdraft

fees as a result of the charges £1,759.

Claimant claims interest under section 69 of

the County Courts Act 1984 at the rate of 8%

a year from 04-2004 to 31-8-06 of £170.08

and interest at 8% up to the date of judgment

or earlier payment at a daily rate of 8%

 

Will add sort and A/c nos before I submit the claim.

 

Have had a threatening response from the Halifax stating they are about to default my account and includes a list of hyuuuge charges they will apply for communicating and stuff.

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In which case, send them a letter stating that you formally dispute the amount owed and that you are now in the process of litigation with HBOS to recover £xxx.

 

Once you have done that, should they then default you, you would have great ammunition against them..

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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  • 1 month later...
  • 4 weeks later...

CONGRATULATIONS.

 

Fantastic news, we're very pleased for you. Another dent in the Halifax!

 

Please take a moment to fill out our SURVEY - this helps us too!

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Firstly, start a thread of your own.

Then, describe your difficulties so that you can get some help & advice.

09/10/06:Halifax claims opened with prelims

claim 1 = 1392.38

claim 2 = 1437.74

claim 3 = 1480.76

claim 4 = 0185.32

Changed tactics.

1 claim of £4600 submitted - will travel to england to go to court if required.

 

27/10/06: LBA sent

01/11/06: Recieved an offer of £764

05/11/06: Refusal of offer sent

11.11.06: MCOL submitted

13.11.06: MCOL issued

16.11.06: MCOL aknowledged

17.11.06: recieved withdrawal of offer letter - too late, it's already with court!

27.11.06: recieved written confirmation from Northampton County Court. Still no correspondance from Halifax. They have until 15/12/06 to respond.

O1/12/06: Settled in full, including interest.

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