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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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Crash V Halifax *** WON ***


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Oops, almost made a boo-boo and realised I hadn't added the full interest. Called him back and at first he thought I was demanding more than the claim, I said no, check it out. Misunderstanding cleared, as I have emailed him my POC, so settlement figure is actually £1543.80 :)

 

He also mentioned that Customer Services had just emailed him to say the £1380 had been agreed but he also added that for £1-200 he wasn't concerned as he was glad to see the back of my complicated claim!

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks hazzersdad...it's not quite sunk in yet, but will when I see the spondula....survey and donation will follow as soon as it hits my account :)

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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AND, money is already in account....within an hour of offering settlement!!

 

WOOOHOOOOOOOOOOOO!!

 

Survey done, donation made, thank you very much!

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Well done crash.

Me too, money in bank just now. No leters or contact.

Great feeling isnt it..!!:D

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Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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Thanks sea-side lady, same to you...you got away without the grilling!

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Guest Scarletrose

congratulations hun xxx

 

i know ive already told you but just wanted to put it on your thread too

 

hugs scarlet xx

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Absolutley brilliant!!

 

I need to think about doing my LBA thing soon, as I guess i need to do it one week after I sent them my I will take you to court letter, or do I need to give them longer?

 

I am worried about the law stuff, if he throws some at me I wont know what to say!

 

Can you point me to what you had ready to say to him, I can then print it off and keep it with me incase I need it?

Hard Working, Hard Drinking, Hard Done By!

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well done mate, been watching your thread for a while....

 

Nice one

 

Drew

02/01/07 - Statements received

03/01/07 - Prelim Sent

05/01/07 - Letter from Halifax, dealing with etc..

17/01/07 - LBA Sent

27/01/07 - Letter from Halifax, Offer of £2062

28/01/07 - Rejection of Settlement Letter Sent

01/02/07 - MCOL Filed

06/02/07 - MCOL Deemed Served

19/02/02 - Halifax Acknowledged Claim

21/02/02 - Notice of Acknowledgement Received

22/02/07 - Schedule sent to Halifax Solicitors

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Thanks peeps, Nailz, all I had was my bundle and stuff that I remembered. Eventually when I got fed up of his yabbering, I said, look, we can dance and debate all day long, I'd rather not do it over the phone and leave it for the court. Then he folded! Just make sure when the time comes that you have your exact settlement figures in front of you. Tell them that amount, and they'll pay!

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I dont remember reading about the allocation questionairre, is this something sent to me after I do the money claim online thing?

 

Sorry for all the questions!

Hard Working, Hard Drinking, Hard Done By!

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Hi Nailz,

after you start the money claim you will first receive an acknowledgement of service, & then both parties will be sent and allocation questionaire to fill in, and this is all the relevenat information relating to the basis of the claim and when the banks etc indicate whether they intend to defend etc an d the basis of their defence.

You will be given a date by which it must be sent back to the court. If your claim is over £1500 then you will have to pay a further £100 at this point, (which you claim back at the end). There are exemptions for this fee for people on ebenfits etc.

details of the information that you should include are in the library:)

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Nailz, just to follow on from what kfdh said, that's pretty much what happens, HOWEVER, I would recommend that you use the N1 paper form rather that submitting your claim online, as it gives you much more space to write a full Particulars of claim, and you can attach an uptodate schedule of claim with it too.

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks kfdh1962, Just quickly is the form I send the form N1?

 

Thanks Crash, typical, my claim is for £1554!

 

Crash, I have asked a few questions back on my thread, the name has now been changed to Nailz V Halifax

 

Would you mind reading what I have said, I think I have messed up! I will now stop cluttering your thread!

Hard Working, Hard Drinking, Hard Done By!

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wow well done! That's a lorra lorra money! lol. I have just received letter from them after sending my first request for the money back before action and they replied saying "We're keen to deal with your concerns as quickly as possible. A Customer Relations Manager will investigate the points you have raised and you will receive a reply shortly, but certainly no later than 4 weeks." They can get stuffed to that, they have until 07.02.07 to reply to my request then another letter will be going out. Only, they are due me £248 alone in charges and that's all I have asked them for because I don't understand how to work out the interest (I have dyscalculia - extreme difficulties with numbers) and don't understand how to work the spreadsheets. So I can only hope!

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WELL DONE CRASH ENJOY SPENDING!!

 

 

can I ask you for some help I have had a claim part settled for the last 6 years but the halifax are disputing the previous 2 years to that.

 

I issued a warrant for the remaining amount on the 17/11 (cost £55 just before Christmas!) seems that was a waste of money the baliff gave them over 3 weeks & it was only after several phone calls from myself to the baliff before I got anywhere- I received on the 15/12 a notice of hearing for judgement to be set aside defence being statute barred limitations .....

 

the hearing is at the end of feb & i wondered if you could suggest the next move for me.I have'nt been in contact with the Halifax at all & the amount I'm claiming is £1000 + interest

any help greatly appreciated:|

:-| mosessupposes

 

 

Halifax claim 1: S.A.R - (Subject Access Request) sent 07/05/06

Prelim " 30/08/06

LBA " 22/09/06

MCOL " 11/10/06

Money in account 25/10/06 Settled in full

Halifax claim 2: S.A.R - (Subject Access Request) sent 07/05.06

8 years claimed

Prelim " 30/08/06

LBA & offer

rejection " 22/09/06

MCOL " 11/10/06

6 years of claim offered 25/10/06

15/11/06 default filed

16/11/06 warrant requested

 

 

Capital 1 S.A.R - (Subject Access Request) sent 11/10/06

 

Black Horse S.A.R - (Subject Access Request) sent 17/11/06

Egg CC/Loan SAR sent 17/11/06

Haliax ERC pre-lim sent 17/11/06

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Moses I would be inclined to call them to discuss if they're 'ready to settle' yet. More than anything, it'll give you an indication of where they are at...You should have a name by now of the person who is dealing with your case, so call them. I'd also mention that you are well aware of similar cases which have been settled out of court, so ask them why yours is being treated differently. See how you get on with that, then we can discuss the next step. I wouldn't be surprised if they call you to settle a few days before the court hearing.

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks for that crash I will try & speak to Jamie McGill today he's the solicitor that signed the court papers for the Halifax as I don't have any other names all my correspondence seems to have come from " custom relations" (thats a laugh!)

 

What was worrying me is that since I got the notice of set aside from the court I haven't been asked to submit a bundle or in fact anything at all to the courts or the bank is this normal?

 

will let you know how I get on with the phone call- not looking forward to it as I don't think too fast in these situations & get all tongue tied guess I just get intimidated & always think of a good response when its too late!:o but here goes.....

:-| mosessupposes

 

 

Halifax claim 1: S.A.R - (Subject Access Request) sent 07/05/06

Prelim " 30/08/06

LBA " 22/09/06

MCOL " 11/10/06

Money in account 25/10/06 Settled in full

Halifax claim 2: S.A.R - (Subject Access Request) sent 07/05.06

8 years claimed

Prelim " 30/08/06

LBA & offer

rejection " 22/09/06

MCOL " 11/10/06

6 years of claim offered 25/10/06

15/11/06 default filed

16/11/06 warrant requested

 

 

Capital 1 S.A.R - (Subject Access Request) sent 11/10/06

 

Black Horse S.A.R - (Subject Access Request) sent 17/11/06

Egg CC/Loan SAR sent 17/11/06

Haliax ERC pre-lim sent 17/11/06

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  • 4 weeks later...

Moses can you post what has happened with your claim as I am in exactly the same position. Got Judgment was about to enforce it when J McGill sent Application to Court to have the Judgment setaside on exactly the same grounds. Havent got a date for the appl yet but will be defending it on several grounds. You wont need to do a bundle for it but you will need to attend and say why the Judgment should stand. I was promised an immediate interim payment for the amount that is not in dispute but still havent recd it. I will be saying that the Halifax have had numerous of these claims none of which have gone to Trial so it is an abuse of process. Hope you are reading this Mr McGill!

HSBC 1st preliminary letter £3692 10.10.06 LBA sent 24.10.06

HSBC 1st Preliminary Letter £3280 10.10.06 LBA sent 24.10.06

Capital 1 SADR 11.10.006

Halifax Visa SADR 11.10.06

CITI SADR 12.10.06

HSBC Gold card SADR 23.10.06

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Crash this is excellent news and worth the time and effort you have put in. I am as mad as a box of frogs with Mr McGill. He has made me promises which he hasnt kept re interim payments etc. I hope he turns up on my application in person so I can make him squirm but I doubt it. They will send along a Barrister for £100. Bet he has never even seen inside a Court room!

HSBC 1st preliminary letter £3692 10.10.06 LBA sent 24.10.06

HSBC 1st Preliminary Letter £3280 10.10.06 LBA sent 24.10.06

Capital 1 SADR 11.10.006

Halifax Visa SADR 11.10.06

CITI SADR 12.10.06

HSBC Gold card SADR 23.10.06

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