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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
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    • 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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boXXer vs HSBC ** WON **


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then they will write to "without prejudice" offering you a settlement.

 

Keep us updated.

 

Interestingly, their offer letter to me was not marked Without Prejudice. In fact nothing I received from them was marked thus. Therefore, they're all in my Court Bundle.

To follow my case progress, click here to see where I'm at right now.

 

Welshman

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  • 4 weeks later...

Helooooooooooooo peeps! they Acknowledged my claim on the 14th of November, and today i got a letter from DG solicitors asking for a breakdown of charges. So do i just sent a letter back, with a copy of the charges? if so, does anyone have a template for it, as im RUBBISH at writing letters, lol. I understand that i have to add the lines of "i will only accept this payment in cheque, made payable to myself". Is this correct?

 

Cheers for any info!

Mike

HSBC Prelim letter sent 3/10/06 1st class recorded, a BIT scared!

HSBC LBA letter sent 18/10/06 1st class recorded. Bit more scared now!

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yes, send them tomorrow, recorded deliver, with a quick note -

thank you for your letter of xx/xx/06 asking for a breakdown of charges.

please find a copy of my charges enclosed.

please note that i will only accept this payment in cheque, made payable to myself.

 

obviously use caps and do it properly - and to the attention of the person who sent you the letter. short and sweet

 

and be aware that they will probably file a defense on monday or tuesday - on the 28th day after it was served. this is normal - you then start aiming for the deadline in the paperwork from the court that will arrive shortly after they defend (you will know because you won't be able to push the judgment button on mcol if they defend). don't worry over any of this - it's normal stuff - keep reading the faqs and steps and you will see how this all shapes up.

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Hiya. Thanks so much for your reply! scales pressed! your a star. ;)

HSBC Prelim letter sent 3/10/06 1st class recorded, a BIT scared!

HSBC LBA letter sent 18/10/06 1st class recorded. Bit more scared now!

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techno stuff is not my strong point (my strong point is just following step by step instructions) so... if you used the s/s correctly - (i.e. correct date, correct charges, correct percentage in the right box) then there is no reason to think your total is anything but okey-dokey. you already included the 8% interest in your claim, right? just send them a copy of the spreadsheet.

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yes, send them tomorrow, recorded deliver, with a quick note -

thank you for your letter of xx/xx/06 asking for a breakdown of charges.

please find a copy of my charges enclosed.

please note that i will only accept this payment in cheque, made payable to myself.

 

obviously use caps and do it properly - and to the attention of the person who sent you the letter. short and sweet

 

and be aware that they will probably file a defense on monday or tuesday - on the 28th day after it was served. this is normal - you then start aiming for the deadline in the paperwork from the court that will arrive shortly after they defend (you will know because you won't be able to push the judgment button on mcol if they defend). don't worry over any of this - it's normal stuff - keep reading the faqs and steps and you will see how this all shapes up.

 

Very thorough explanation.

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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BTW, does my 8% interest look ok to you, this isnt all of it though....

 

charges.jpg

 

I'm not a techy at all either, but it looks ok....

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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BTW, does my 8% interest look ok to you, this isnt all of it though....

 

charges.jpg

 

Boxxer, if you are sending this to the solicitors, you don't need to include the last 2 columns!!

 

Sorry, thought you wanted to know just if you had it right.

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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thankx un1boy, want to hear something funny.....

i just figured out how to make cag my homepage - talk about slooooooow!

 

lol, well, better late than never, eh?! ;)

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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ah right, even though i havent sent off a copy yet with the charges? the only charges sheet i have sent out is when i wrote to HSBC with a list of the charges, but this did not include the interest. So, do i only have to send out the original one again, minus the charges?

 

Cheers for your help ;)

HSBC Prelim letter sent 3/10/06 1st class recorded, a BIT scared!

HSBC LBA letter sent 18/10/06 1st class recorded. Bit more scared now!

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ive just realised. Was i supposed to send a copy of my charges including interest to the courts???? DOOOH!!!

HSBC Prelim letter sent 3/10/06 1st class recorded, a BIT scared!

HSBC LBA letter sent 18/10/06 1st class recorded. Bit more scared now!

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You filed around Nov 12th? In which case they'll be filling a defence any day and it will be transferred to your local court, who will send you the AQ. If you send one to MCOL now, chances are it won't get attached to your claim before transfer, so you might as well wait for the AQ and then be sure that the schedule is with your claim.

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ok, sounds good to me. i have an urgent question though! claim was defended i think yesterday. So should i get the allocation questionaire soon then? and how long have they got left to pay up? i sent off a copy of the charges this morning ist class recorded.

 

Cheers for any help

Mike

HSBC Prelim letter sent 3/10/06 1st class recorded, a BIT scared!

HSBC LBA letter sent 18/10/06 1st class recorded. Bit more scared now!

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ok, sounds good to me. i have an urgent question though! claim was defended i think yesterday. So should i get the allocation questionaire soon then? and how long have they got left to pay up? i sent off a copy of the charges this morning ist class recorded.

 

Cheers for any help

Mike

 

Hi you will recieve the AQ in a couple of days. Your guess is as good as mine as to when they will pay up. You need to start to prepare your court bundle. It is always good to be prepared.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

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hiya. Thanks for your reply. What is the court bundle all about? i just thought when the solicitors ask for a copy of the charges, they had 2 weeks to pay up, or it was forced on them to pay.

 

Thanks a lot for your help. :)

 

Mike

HSBC Prelim letter sent 3/10/06 1st class recorded, a BIT scared!

HSBC LBA letter sent 18/10/06 1st class recorded. Bit more scared now!

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hiya. Thanks for your reply. What is the court bundle all about? i just thought when the solicitors ask for a copy of the charges, they had 2 weeks to pay up, or it was forced on them to pay.

 

Thanks a lot for your help. :)

 

Mike

 

No not at all, you have to be prepared to go to court. The chances are almost none in fact i will bet my wages you wont see the inside of a court but you need to be prepared. They will complete their AQ and send it back, You will then get a court date. The will prob offer you 50%, Hold out for the full amount.

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excellent advice. So when they go for a date for court, is this when i need to send out the zip you have just put up? ive added to your rep. ;)

HSBC Prelim letter sent 3/10/06 1st class recorded, a BIT scared!

HSBC LBA letter sent 18/10/06 1st class recorded. Bit more scared now!

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let's don't get too far ahead of ourselves here - just to keep it in perspective, next you will get from the court 3 things (probably in a day or two if they just defended) 1) change of court to your local court, 2) a copy of their defense - which will read like every other one we've seen and 3) your a.q. on the a.q. will be a deadline to file it - at the new court in charge of your case - it will be their deadline too to file their a.q.

this is what i don't want you to misinterpret - the deadline is for filing the a.q. and according to what is filed - the court will look at it and decide which track (usually small claims) it need to go down. after the a.q. is filed - a court date would be set and it would be well into jan. or even feb. or longer if the a.q. is just going in in dec. that is good! because all this time it isn't actually going to court is time you and dg have to settle.

i just don't want anyone thinking "oh, no, a.q.= going to court - get out the suit. we aren't there and hopefully won't get there! get it?

my view on the a.q. is it should not be filed until just before the deadline - and the time between should be used to get in touch with dg and press for settlement - by stating that your a.q. is due to go in shortly -you know they wouldn't want to incur even more charges, blah,blah, whatever - look for a reason to get in touch - like did they receive your breakdown of charges? apparently, according to babs on her thread today, debbie d. is out of the office for a couple of days - so wait til your court stuff comes through and find out your a.q. deadline then give them a call, email, fax or write or all of the above. anybody disagree?

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