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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

Halifax paid up..........£917 in 8 days.


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I received my statements from Halifax in 20 days. And found £195 in charges for bounced direct debits. Can I charge them the interest rate 17.9% APR over the six years. Assuming they dont settle, will the courts 8% then apply on top?

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Hi Haydn,

 

Your questions suggest you are not familiar with everything in the FAQs and Library, and that you have not read that many posts. It is IMPERATIVE that you familiarise yourself with everything before embarking on a claim.

 

You can claim for everything on your statements that is not a justifiable service fee, or justifiable interest:

 

Claim:

  • Penalty Charges applied to your account. This is for exceeding overdrafts, referral/representation of DD’s and SO’s, cancellation of DD’s and SO’s, card misuse charges - the list is long!
  • Interest charged to your account for any of the above
  • When the interest is applied to the penalty charges, then this interest should be included
  • If your transaction history identifies what interest is applied for what reason, then be honest about the amount you request
  • If the interest is not itemised, then claim for ‘Interest Charges,’ and the onus will be on the bank to demonstrate the proportion they are entitled to

 

Don't Claim:

  • Agreed fees, such as £5 monthly overdraft arrangement fee
  • Interest 'proper' - this is normal interest on the amount you are overdrawn
  • Any concept of costs or time at this time
  • Interest other than that which appears on your statements
  • Interest at 8% APR (that comes when you raise your claim at court)

 

Good luck.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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  • 3 months later...

I had my statements arrive today by Special Delivery. But no postage. I had to go to the sorting office to collect the bundle and pay £5.45. I have added 16 miles @ 90.8p plus £5 plus the £5.45 postage to my LBA. This is so much fun. And now we've got good at this, we can start chasing the Parking Ticket debacle.:D

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  • 3 weeks later...

Summons issued 14th August claim settled in full £917 22nd August. Is this a record? Earlier claim issued 6 June and paid in full 29 June £237. Three claims still in the pipeline.:D :D :D :D :D :D

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lucky duck, was the 14th the day it was issued or the day it showed up as issued on money claim

 

e.g. Mine was issued the 15th online but the court summons letter considers the issue served 5 days later??

 

just curious as I am hoping mine pays up soon too :-(

:eek:

05-01-06 prelim sent

14-06-06 LBA 1 Sent (claim for 1 yr)

21-06-06 Offer recieved for £312

31-07-06 recieved 6yrs statements

31-07-06 LBA 2 sent (Request £1,611)

14-8-06 Money Claim submitted
:D

15-8-06 Issued

23-8-06 Aknowledged

24-8-06 Offer for £650

30th - 8 - 06 PAID IN FULL!!!!!!!!
:D

Shaz n dave vs Barclays :smile:

26-7-06 Prelim letter sent (Request £1,585)

2-8-06 Confirmation that pre lim recieved, been passed to relavent dept!!!?

10-8-06 LBA sent (request as above)

18-8-06 £720 offered - (accepted as a partial settlement to full claim)

4-9-06 MCOL - LETS GO!!

My Little Bruv vs Lloyds:-x

9-8-06 Pre-lim sent (Request £295)

16-8-06 received letter (sorry... will be passed to ..... blah blah)

23-8-06 LBA sent

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Great news! :) Have you filled in the survey?

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

DONATE - Support this site, it supported you!

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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lucky duck, was the 14th the day it was issued or the day it showed up as issued on money claim

 

e.g. Mine was issued the 15th online but the court summons letter considers the issue served 5 days later??

 

just curious as I am hoping mine pays up soon too :-(

 

David,

 

I understand that it is 14 days from the date of issue, or, if the claim was acknowledged, 28 days from that date.

Halifax

- Subject Access Request 19th June

- Statements Recieved (17 envelopes!)

- Preliminary Approach for £785 25th June

- Offer of £60!

- Declined offer and LBA sent 6th July

 

No response from Halifax

- Money Claim case filed 18th August

- Papers Served 23rd August

- Acknowledged 28th August

- Paid in Full ! 30th August

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This was issued on 14th, served a few days later and settled on 22nd. I dont understand why they waited for the summons if they intended settling so quickly because they then incured £50 issue fee plus 8% section 69 costs and interest on top.

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This was issued on 14th, served a few days later and settled on 22nd. I dont understand why they waited for the summons if they intended settling so quickly because they then incured £50 issue fee plus 8% section 69 costs and interest on top.

 

May be that they thought you wouldn't go through with it, but agreed, it doesn't make much sense to me.

I'm wondering whether the decision to settle is taken by each branch on an individual basis, or if it is part of some dictat handed down from the head office. Congratulations on your win anyway!

Halifax

- Subject Access Request 19th June

- Statements Recieved (17 envelopes!)

- Preliminary Approach for £785 25th June

- Offer of £60!

- Declined offer and LBA sent 6th July

 

No response from Halifax

- Money Claim case filed 18th August

- Papers Served 23rd August

- Acknowledged 28th August

- Paid in Full ! 30th August

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It's purely Head Office. I'm sure there's some legal reasoning behind it (as well as the b*ggeration factor to see who flinches first).

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

DONATE - Support this site, it supported you!

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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Hi - take a bit of time to read up first to make sure that you have the facts before going too far ahead. Read the FAQs and template letters then have a good read around here to see how others are getting on. Keep any progress on your own claim or questions that arise in a new thread in the forum for your bank to make it easier for others to follow and advise you. There's a set of links in my sig below that will help you find where all this useful information is. Well done for getting started! :)

 

Also it would be a good idea to start your own thread so that your claim doesn't get lost in someone else's. We will be able to keep an eye on your progress better if you do.

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

DONATE - Support this site, it supported you!

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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  • 2 weeks later...
  • 12 years later...

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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