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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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chelsea Vs HBOS **WON**


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After reading all the great reports i've decided to keep you updated of my own fight.

 

Bank of Scotland-

S.A.R sent 20/8/2006

Reply recieved, 40 days starts 12/07

statements received 04/08

Prelim sent 02/08/2006

2nd Prelim sent 30/8/06 as no reply to above

Reply received 1/9 offering approx £291

Sent 1/9 Accepted as partial settlement

LBA Sent 13/09/2006

Reply offering £873 received 14/9

19/9 accepted as partial settlement

MCOL Submitted 28/9 £2517

MCOL Issued

 

Won so far

B & M mortgage £595 - Have a lo at my thread under mortgaes

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  • 1 month later...

:o Looks like am on a roll now, just won my 2nd claim against bank of scotland. My account is with bank of scotland in glasgow but i decided to file under english law and use halifax.

Details below:

 

HBOS

S.A.R sent 20/8/2006

Reply recieved, 24/8,

statements received daily from 04/09

Prelim sent 25/08/2006

2nd Prelim sent 30/8/06 as no reply to above

Reply received 1/9 offering approx £291

Letter Sent 1/9 Accepted as partial settlement but want full settlement

LBA Sent 13/09/2006

Reply offering £873 received 14/9

19/9 accepted as partial settlement

MCOL Submitted 28/9

MCOL acknowledged 3/10

Letter received 4/10 offering full settlement but without admission of liablity.

 

Extract below:

"....Your claim relates to bank charges debited to yur account. These charges were debited to your account in accordance with the acount terms and conditions, which you agreed to accept, and by whihc yu are bound.

 

I have returned the form of Acknowledgemnet of service to Northampton County Court indicating that Halifax intends to defend your claim. However, on a purly commercial basis, it will cost Halifax money to defend your claim interms of legal costs that will be incurred.

 

For this reason, but without admission of liablity. Halifax is willing to reimburse £2190.00 in respect of bank charges incurred, together with your £120.00 court fee...."

 

the charges they have offered to pay date from Nov 03 to present. I have not received all my S.A.R - (Subject Access Request) information for periods Aug 00 - Nov 03 and estimate about another £2000 of charges, so does nayone have advice on how to proceed, should i accept ths offer and start new claim once i have information or should i ask for an estimated amount to be paid? ???

 

 

 

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BOS have offered me a full refund but my claim was only for statements in my possession Nov 03 - Aug 06 so I'm not sure if i should accept.

 

I have not received all my S.A.R - (Subject Access Request) information for periods Aug 00 - Nov 03 and estimate about another £2000 of charges, so does anyone have advice on how to proceed, should i accept ths offer and start a new claim once i have information or should i ask for an estimated amount to be paid on top of my settlement figure? ???

 

 

HBOS

S.A.R sent 20/8/2006

Reply recieved, 24/8,

statements received daily from 04/09

Prelim sent 25/08/2006

2nd Prelim sent 30/8/06 as no reply to above

Reply received 1/9 offering approx £291

Letter Sent 1/9 Accepted as partial settlement but want full settlement

LBA Sent 13/09/2006

Reply offering £873 received 14/9

19/9 accepted as partial settlement

MCOL Submitted 28/9

MCOL acknowledged 3/10

Letter received 4/10 offering full settlement but without admission of liablity.

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Thanks. I think i will sit it out and see what happens as they said in their letter that they will credit my account within 5 days (wed 18th) and I haven't been asked to sign anything.

If i get cash by the end of the week, i will then go after the balance.

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You're in a very similar position to me. I wrote to them on friday as follows:

 

Thank you for your letter dated 03/10/06 (copy enclosed)

I will accept the sum offered, but only on the clear understanding that I will be pursuing recovery of any similar charges I have incurred prior to 03/03/2006 once copies of statements detailing these are to hand.

I would like to take this opportunity to thank you for your assistance and I now look forward to my account being credited with the funds.

Yours sincerely

Does anybody know if I'm likely to receive the funds or are they likely to force me to take the next step?

 

 

 

 

 

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sort off, I filed with Money Claim on 29th sep and then sent them a letter after action. They acknolowledge they claim as intending to defend on 4th oct but i received a letter from them that was also dated the 4th oct offering full settlement within 5 days to my account if i close the case.

 

I received payment into my acount yesterday.

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just complete the n1 (send the court 3 copies - recorded delivery) for that you can get from the step by step guide in the FAQ section and post it to an English court. I have been posting to the Morpeth court as it is fairly close should I have to travel.

 

Remember to use there leeds address.

 

Halifax

Customer Relations,

PO BOX 548

Leeds

LS1 1WU

 

I just used my home (Scottish) address and no problems.

 

Just post a cheque (made out to "HMCS") for the fee.

 

Morpeth and Berwick County Court

Fountain House

Newmarket

Morpeth

Northumberland

NE61 1LA

England

 

 

Her Majesty's Courts Service - Home

 

and the fees are

 

p to £300 £30

£300.01 - £500 £50

£500.01 - £1,000 £80

£1,000.01 - £5,000 £120

£5,000.01 - £15,000 £250

£15,000.01 - £50,000 £400

£50,000.01 - £100,000 £700

£100,000.01 - £150,000 £900

£150,000.01 - £200,000 £1,100

£200,000.01 - £250,000 £1,300

£250,000.01 - £300,000 £1,500

If I have helped click my scales....

 

Find my threads by clicking here

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