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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
        • Like

Mike v Halifax ***WON***


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Ok, letter received yesterday...

'We offered you £649, you chose not to accept it, therefore we can confirm we will not be refunding any of your charges'.

So... off to MCOL I go on Monday - anyone fancy lending me £120 :p ? I'm good for it, I swear!

Who gives you Xtra? :confused:

 

=========================================

HALIFAX PLC

 

PAID IN FULL - £1799.20 31/10/06

 

Round 2 - Prelim sent 29/06/07

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Have decided (as a gesture of goodwill... haha...), to give Howard one last chance to pay up. I'm not extending deadlines, just merely informing them that it IS the action I will be taking, and that I'm not gonna back down...

 

Dear Sir/Madam,

Thank you for your letter which I received on 11/10/06, in which you have stated that you are unwilling to refund any bank charges applied to my account by yourselves.

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I’m afraid you leave me no further option but to pursue my claim for the full amount of £1403, plus 8% interest, £236.72, totalling £1639.72 plus costs, through the small claims court.

I will be submitting my claim for the full amount at 10:00 on 16/10/06.

You can avoid this action by contacting me before this time, stating that you will be making payment in full within 5 working days, and also that you will levy the pending £28 charge on my account, due on 31/10/06.

Note that if you contact me on the telephone number above, I will require confirmation of your settlement offer in writing (by fax if you wish), before the time stated above.

 

 

 

Thoughts please...?

Also, if anyone has the letter 'we can confirm we will not be refunding any of your charges' to hand.... could you post the contact details for me? Left mine at home today! Cheers!:)

Who gives you Xtra? :confused:

 

=========================================

HALIFAX PLC

 

PAID IN FULL - £1799.20 31/10/06

 

Round 2 - Prelim sent 29/06/07

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  • 2 weeks later...

Ok, claim status has just been changed to 'issued'... anyone care to hazard a guess as to when I'll get my money? Free beer** for the winner...

Cheers

Mike

 

 

**Not strictly true

Who gives you Xtra? :confused:

 

=========================================

HALIFAX PLC

 

PAID IN FULL - £1799.20 31/10/06

 

Round 2 - Prelim sent 29/06/07

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Letter received yesterday saying claim will be deemed served on 28th... woohoo :)

Who gives you Xtra? :confused:

 

=========================================

HALIFAX PLC

 

PAID IN FULL - £1799.20 31/10/06

 

Round 2 - Prelim sent 29/06/07

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Holy mother of god... they've paid up!!! £1799.20!!! Wow!!! Can't believe it... woohoo!!!! Will donate shortly - thanks guys!!! They didn't even say they intended to defend!!! My god... that was quick!!!

Who gives you Xtra? :confused:

 

=========================================

HALIFAX PLC

 

PAID IN FULL - £1799.20 31/10/06

 

Round 2 - Prelim sent 29/06/07

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CONGRATULATIONS MIKE! go take a long vacation......

 

I see you waited 9 days from filing the claim to getting your cash back .... I filed mine on Saturday 30 and go to Florida (with no spending money) so fingers crossed they acknowledge mine before Wednesday....

 

 

Did the status go from Start to acknowledged?

I Already had statements for past 6 years so no need to send request for statements.

 

23rd Sept 2006 - Sent first letter for £238

 

04th Oct 2006 - Bog standard reply letter recieved from Halifax

 

13th Oct 2006 - Sent LBA (gave 14 days to reply)

 

20th Oct 2006 - Phone call from Halifax offering £70

 

21 Oct 2006 - Offered £70 as 'goodwill gesture'

 

23 Oct 2006 - Accepted offer as Part settlement of claim

 

28 Oct 2006 - Filed MCOL

03 Nov 06 - Recieved letter offereing to increase goodwill offer to £120

 

21 Nov 06 - Settled in Full

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Well done Mike I hope I have the same success.

 

TezViper

TezViper

 

I give advice not as an expert on law, only as a guy who succesfully claimed back £3385 from The Halifax. Followed by another £2611.

 

Lloyds TSB settled in full before hearing

 

Cap One offered full settlement and default removed.

 

If I help in any way then please donate to the site when you are succesful

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It went from 'issued' to acknowledged on Monday, and they paid yesterday.

Remember though, it's different for everyone!

Who gives you Xtra? :confused:

 

=========================================

HALIFAX PLC

 

PAID IN FULL - £1799.20 31/10/06

 

Round 2 - Prelim sent 29/06/07

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I mean to the right of where it says issued - it says start, did you have to press start and select from the two options?

I Already had statements for past 6 years so no need to send request for statements.

 

23rd Sept 2006 - Sent first letter for £238

 

04th Oct 2006 - Bog standard reply letter recieved from Halifax

 

13th Oct 2006 - Sent LBA (gave 14 days to reply)

 

20th Oct 2006 - Phone call from Halifax offering £70

 

21 Oct 2006 - Offered £70 as 'goodwill gesture'

 

23 Oct 2006 - Accepted offer as Part settlement of claim

 

28 Oct 2006 - Filed MCOL

03 Nov 06 - Recieved letter offereing to increase goodwill offer to £120

 

21 Nov 06 - Settled in Full

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Nope, just leave that as it is for now. You'll use those when you've got your money.

Actually, if a mod or anyone in the know is helping... now I've got my money, what do I need to do with that button?

Thanks

Who gives you Xtra? :confused:

 

=========================================

HALIFAX PLC

 

PAID IN FULL - £1799.20 31/10/06

 

Round 2 - Prelim sent 29/06/07

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Thanks Mike, What do people do once they get their money back - do they still visit this site and help or do they become mods themselves? Will you become a lifelong advocate agiant the evil banks?! lol

 

I'm sure I will return and share my new found knowledge if my claim goes through

I Already had statements for past 6 years so no need to send request for statements.

 

23rd Sept 2006 - Sent first letter for £238

 

04th Oct 2006 - Bog standard reply letter recieved from Halifax

 

13th Oct 2006 - Sent LBA (gave 14 days to reply)

 

20th Oct 2006 - Phone call from Halifax offering £70

 

21 Oct 2006 - Offered £70 as 'goodwill gesture'

 

23 Oct 2006 - Accepted offer as Part settlement of claim

 

28 Oct 2006 - Filed MCOL

03 Nov 06 - Recieved letter offereing to increase goodwill offer to £120

 

21 Nov 06 - Settled in Full

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Dunno about others, but I think I'll definitely be sticking around!

Who gives you Xtra? :confused:

 

=========================================

HALIFAX PLC

 

PAID IN FULL - £1799.20 31/10/06

 

Round 2 - Prelim sent 29/06/07

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If yours is anything like mine Innocenti, you'll have your cash by Friday!

Who gives you Xtra? :confused:

 

=========================================

HALIFAX PLC

 

PAID IN FULL - £1799.20 31/10/06

 

Round 2 - Prelim sent 29/06/07

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Congratulations On Winning The Banks :grin:

Don't Ya Just Love It When They Pay Up:-)

:smile::p Well Done U:p :smile:

Good Luck with Your Claim

 

Angi x

 

 

:) If I have been of any help, please click the Scales of 'Justice' in the botton left corner. ;) Thanks

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