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    • If you are buying a used car – you need to read this survival guide.
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    • 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 
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    • 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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Moneyclaim help please


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has anyone else had a letter from A+L in reply to the first letter asking for charges back stating that " The Office Of Fair Trading (OFT) has commented that they do feel the level of charges is unfair, however they were actually referring to late payment fees for credit card payments which are qiute distinct from a bank's charges on current accounts"

 

then basically goes on to say that because the OFT 'havent' decided on charges from a current account they cannot repay my charges?

 

is this correct or are they just trying it on in the hope i will stop proceedings?

 

any help greatly appreciated!:)

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Russ,

 

They are just trying it on.

 

Once you have started issuing letters (based in the templates in the library on this website) then you should stick to the time stated. i.e. 40 days for access request, once all of your docs/statements arrive then it would be wise to issue the 2nd letter immediately.once 14 days have passed from the second request, issue the other (you can get this full 'dialogue' process from the guidance on this website). You may find that A & L will issue a different letter in reply to your other forthcoming letters -still carry on with YOUR deadlines and then you can get to the claim stage.

 

They may even offer you a 'gesture of goodwill' by offering a sum of money to settle, unless you a happy with this send a rejection letter -you can either ask me nearer the time or I think there's a template on the website for this letter.

 

They offered me a sum of money in order to confuse me and mess up my schedule of charges.

 

Don't worry take each stage at a time and if you are unsure post a query on the website - we are all here to help each other! The most important thing is to understand what you are requesting before you send any letters out.

 

Good luck and let me know how you get on!

 

PS if you win your money back - please donate 5% to CAG as it's a brilliant website and we would all be nowhere if it wasn't for this website.

 

Good luck!

Jase

A&L Claim SETTLED IN FULL 16/09/06 :D

HSBC -Claim settled in full 26th Oct 06.

HSBC PPI - Premium settled in full 1st Jan 08

HSBC PPI Interest - 1st request for refund issued,due 17th June 08

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Russ,

 

They are just trying it on.

 

Once you have started issuing letters (based in the templates in the library on this website) then you should stick to the time stated. i.e. 40 days for access request, once all of your docs/statements arrive then it would be wise to issue the 2nd letter immediately.once 14 days have passed from the second request, issue the other (you can get this full 'dialogue' process from the guidance on this website). You may find that A & L will issue a different letter in reply to your other forthcoming letters -still carry on with YOUR deadlines and then you can get to the claim stage.

 

They may even offer you a 'gesture of goodwill' by offering a sum of money to settle, unless you a happy with this send a rejection letter -you can either ask me nearer the time or I think there's a template on the website for this letter.

 

They offered me a sum of money in order to confuse me and mess up my schedule of charges.

 

Don't worry take each stage at a time and if you are unsure post a query on the website - we are all here to help each other! The most important thing is to understand what you are requesting before you send any letters out.

 

Good luck and let me know how you get on!

 

PS if you win your money back - please donate 5% to CAG as it's a brilliant website and we would all be nowhere if it wasn't for this website.

 

Good luck!

Jase

 

 

so after 14 days have passed from the date i sent the first letter claiming it back i send the next one? i just ignore their letter?

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If you have received your statements etc. you can send the second letter (request for payment of charges)

 

You will have to sift through all of your statements and record all of your bank charges - include date charge incurred, type of charge, amount. This should form a schedule of charges (best in excel) and should be issued with your second letter. The second letter is on the website template library.

 

Please consider: address where you are sending it to and option of recorded delivery as some others have experienced difficulty as their bank have claimed the letter has never arrived.

 

I sent mine to Bootle address and copy to Narborough In Leicester both by recorded delivery. Once you have delivery confirmation you wait 14 days for your next letter (Letter before action or LBA).

 

Hope this helps!:D

Jase

A&L Claim SETTLED IN FULL 16/09/06 :D

HSBC -Claim settled in full 26th Oct 06.

HSBC PPI - Premium settled in full 1st Jan 08

HSBC PPI Interest - 1st request for refund issued,due 17th June 08

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Yes 14 days from when you sent your request for charges letter to A&L. After the 14 days you can then send the LBA.

Jase

A&L Claim SETTLED IN FULL 16/09/06 :D

HSBC -Claim settled in full 26th Oct 06.

HSBC PPI - Premium settled in full 1st Jan 08

HSBC PPI Interest - 1st request for refund issued,due 17th June 08

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If you have received your statements etc. you can send the second letter (request for payment of charges)

 

You will have to sift through all of your statements and record all of your bank charges - include date charge incurred, type of charge, amount. This should form a schedule of charges (best in excel) and should be issued with your second letter. The second letter is on the website template library.

 

Please consider: address where you are sending it to and option of recorded delivery as some others have experienced difficulty as their bank have claimed the letter has never arrived.

 

I sent mine to Bootle address and copy to Narborough In Leicester both by recorded delivery. Once you have delivery confirmation you wait 14 days for your next letter (Letter before action or LBA).

 

Hope this helps!:D

Jase

 

 

i have had my statements and worked out they owe me £425, thats on 1 account, i have another which i have just sent the SAR for.

i sent the first letter asking for the £425 to be refunded and the response i got is the one above :Cry: .

as for postage problems i have sent all mine to carlton park in narborough by recorded delivery but if they claimed they didnt receive my correspondence then living in leicester myself i would take it to the data controller personally! ha ha

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I'm sorry if I sound a bit thick but I hate anything like this as I'm scared of getting it wrong

I sent the request of charges on the 21 Aug with the listof charges

I received the computer generated one this morning

I wonder if I just send the LBA one in 14 days on its own?

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I sent a schedule of the charges with my LBA and then I got the go away letter. So I then filed the court claim and sent one to the court, thats all.

They know how much they have charged you because I am sure they will check their figures against yours after your first letter. Just remember they are not just paying money back to us, but they have a full time lawyer now to deal with all these court claims. So they only need one schedule of charges with your LBA and then one for the court.

Good luck (not that you will need it)

cheers

andyace

 

 

citicards= £650/settled £650

Alliance and Leicester= £1534/request for payment sent/LBA sent/standard refusal/moneyclaimsent/settled £2003.36

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  • 2 weeks later...

this may seem another daft question but i have to ask it! plus i have posted here as i didn't know where else to post it!

 

in the LBA template i dont understand the meaning of the part that says 'which you have charged me in overdraft interest for the sum which you have taken' is this the part of the spreadsheet where it calculates the interest? if so do i add it onto the total charges they have taken to date? what does the overdraft interest refer to?

 

any help gratefully recieved!

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There are 2 instances of interest you can claim:

 

1.When you go overdrawn the bank will charge you interest, perfectly lawfully.

 

However, if part of your overdraft is made up of penalty fees, they are also charging you interest on these too and it is this interest which you are entitled to claim back, but it's tricky to separate out from the total interest figure.

 

Vampiress has a spreadsheet, (the advanced one), in the bank templates library, which attempts to calculate this

 

It's quite complex and unless your claim is large may not amount to that much, so for simplicity's sake, some people don't bother

 

This is the interest referred to in the preliminary and LBA letters.

 

2. Section 69 8% interest on your claim, but only when you submit a claim at court. Don't add this interest before moneyclaim

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  • 3 weeks later...

I have started to fill out the moneyclaim form and do not know when i first joined the bank, i have copied the statement from the step by step instructions and am stuck as what to put in the part where it asks how long i have been with the bank!

should i leave this part out?

 

also are there any issues under the human rights act?

and im guessing i will reserve the right to claim interest!

 

 

help much appreciated

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