Jump to content


  • Tweets

  • Posts

  • Our picks

    • 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

Foodie vs The Halifax


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6493 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Well, my deadline after my LBA rapidly approaches (tomorrow) so I've signed up to MoneyClaim online in readiness for tomorrow.

 

Am I right in that I roughly use the template in the library?

 

So far Halifax have offer a token gesture and then today I received a letter offering the refund of 6 weeks charges.

 

Any help would be gratefully received. I was lucky when I went ahead with my Sainsburys Bank C/Card as they paid in full before the LBA! So this one is all new.

 

The sum should be around the £3K mark with interest.

 

Thanks,

 

 

Foodie

Link to post
Share on other sites

Hi Foodie, yes use the template stuff, its worded correctly and they pay up!!

Just in case... this is the wording I used...(fill in the red bits with your dates and figures)

 

The claimant claims the return, by cheque,

of money taken by the defendant in the way of

charges over the last 6 years. The bank's

charges are a diproportionate penalty and

therefore unenforcable 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 have

declined to justify their charges. Total

charges of £0000 I also claim interest under section 69 of

the County Courts Act 1984 at the rate of

8% a year from XX/XX/2000 to XX/XX/2006 of

£00000

and also interest at the same rate up to the

date of judgment or earlier payment at a

daily rate of 8%. The total at XX/XX/2006 is

£00000 plus court fees.

HSBC

09th June 2006 - Data Protection Act Request

21st June 2006 - Acknowledgement from HSBC

30th June 2006 - 33 letters arrive - 6yrs statements

01st July 2006 - Preliminary request for £2868.24.

12th July 2006 - HSBC offered me £1995, I declined.

17th July 2006 - LBA sent, now £2970

01st August 2006 - MCOL for £3778 (inc 8% + fees)

08th August 2006 - HSBC defending ....

31st August 2006 - SETTLED IN FULL - Wooooooohoooooo.

Halifax

09th June 2006- Data Protection Act Request

22nd June 2006 - Acknowledgement from Halifax

08th July 2006 6yrs statements arrive.

10th July 2006 - Preliminary request for £1393.08.

21st July 2006 - Halifax offered £115, I declined..

24th July 2006 - LBA sent, now £1421.

08th August 2006 - MCOL for £1822 (inc 8% and fees)

16th August 2006 - SETTLED IN FULL - woooohoooo

Link to post
Share on other sites

Ooh, nicely-worded! Could have done with that when I was tying myself in knots trying to get mine in under the 1080 character mark earlier today! :O)

 

Lucy.

Lucycat vs. Halifax 13/9 - £4496.99 - WON!

 

Lucycat vs. MBNA (Alliance & Leicester) - 16/11 - Offer of £295 received - pursuing £575.

 

Lucycat vs. HSBC - 15/11 - MCOL filed - £1438 (& interest at 8% - another £392.49)

 

Lucycat vs. Capital One 15/11 - Offer of £136 received - pursuing £340.

 

Lucycat vs. Halifax - Mortgage ERC - 18/10 - LBA sent - £466.32.

 

Lucycat vs. Halifax - Mortgage Charges - 9/11 - D.P.A. Non-Compliance letter delivered.

 

Lucycat vs. LloydsTSB - Loan PPI - 5/10 - Statement received.

 

Lucycat vs. LloydsTSB - 20/10 - Prelim sent for £45 - returned undelivered, recipient has 'gone away'...! :o

 

* Lucycat vs. Carphone Warehouse - 13/11 - S.A.R. delivered. * Lucycat vs. Volkswagen Finance - 9/11 - S.A.R. delivered. * Lucycat vs. Barclaycard - 15/11 - S.A.R. sent out.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...