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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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cplsn82 v HSBC ***WON***


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Guest ian cognito

I would advise you go back to the faq's and threads over this week to ensure you are fully conversant with the procedures before you start, e.g. a lot of people on here recommend the N1 rather than moneyclaim because of the restrictions.

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I am now due to issue proceedings in CC. I sent the letters to my local bank, where my account is held. I just sent them normal post not RD or SD. Should I still issue proceedings, or should I resend the letters to the Customer Service address. Also they have applied further charges since these letters, can I include these extra charges in the proceedings?

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Always best in future to send any letters recorded as if it did ever go to court you have proof that you have sent the letter and they can not claim that they never received them only costs approx £1 to send recorded delivery

Data Protection letter sent 15/08/06

 

All statments received 29/08/06 total £3950.50 2 accounts

 

Prelim approach sent 30/08/06 - for both accounts

 

LBA sent for both accounts 15/09/06

 

MCOL Filed for both accounts 05/10/06

 

MCOL Acknowledged 12/10/06

 

Letter Received req breakdown of charges 28/10/06

 

Letter Sent with breakdown of charges 28/10/06

 

Letter received with full offer on the 01/11/06

 

Sent letter back accepting offer and crossing confidential agreement out 01/11/06

:razz: :razz: :razz:

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I posted my N1 Claim form to claim £2273.49 plus 8% on Monday 9th October. I am awaiting Notice of Issue.

 

Today (12th October) I received a letter from my bank responding to my letters and offering £1820 in full and final settlement. In my letters to the bank, I requested refund of £2192.00.

 

They quote the reason for not offering the full amount as:

 

"In circumstances where you have authorised a payment that would, if met by us, lead to your accout going overdrawn or over an agreed overdraft limit, we have to consider whether to make this payment. A fee is payable for this service provided by the bank, details of which are clearly set out in our Personal Banking terms and conditions which you were provided with a copy of when you opened your account. If your claim for a refund proceeded to Court, we therefore believe we would successfully resist any legal challenge in relation to these fees.

 

HSBC is, however, mindful of the management time and irrecoverable legal costs that it may incur in relation to such a claim. For those commercial reasons alone, and without any admission of liability whatsoever, HSBC is prepared to make a payment to you in the sum of £1820 representing the charges applied in full and final settlement of this matter."

 

I feel that the reason they have given is reasonable, however comments from other members would be useful.

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Today after no real battle I got a full offer for my cash.

I am bouncing off the walls and I know this cash is mine. Get yours, all of it.

After all if you were 300 quid over your over draft they'd stick it to you, so why not do it the other way round?

Currently taking action against the HSBC for £2465

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  • 3 months later...

Just recently issued claim for credit card charges and interest for the measly amount of £84.78 plus interest £15.01.

 

They have Acknowledged service and have noted that they wish to defend all the claim. I know I have to wait 28 days from date of service, (14/2/07) before I Request Judgement.

 

Anyone got any tips, if they do file their defence within the time limit.

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  • 3 weeks later...

hi

there should be a date on the aq paperwork telling you what date it has to be submitted by - have a good look because you don't want to miss this deadline

netty

If i've been helpful in any way....then tip my scales over there!

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  • 4 weeks later...

Still no letter from the solicitors. Recieved an order today now saying that they must file a AQ by the 14th March otherwise the claim will be struck out and I can request Judgement.

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