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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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scared stiff!!! ** WON **


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Hi there guys... :)

 

 

Yeah, Im a bit terrified too to be honest. Im just about to send off my first preliminary letter asking for my charges back (£1481). On one hand I'm annoyed at myself for being so bad with my finances, but also at the bank for taking full advantage of this. I'm a bit terrified at the mo of even making the first step, but its about high time to stand up to these organisations.

Good luck to everyone who is in the same boat, I'll start a thread once I get the hang of these forum thingies :)

 

Best Regards guys n gals

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Hiya & welcome

Yes it is a bit scarey, but the more you read the more you will understand what you are doing,

Make sure you stick to your time-table, if you get stuck with anything ASK, this way someone will guide you along your way, to getting your money back.

Once you set your own thread up, try to keep it updated, so we can see how your getting on, ok.

you will get offers from the bank, you dont have to accept them, remember its your money & you want it back...dont you? yes you do:-)

Good Luck with Your Claim

 

Angi x

 

 

:) If I have been of any help, please click the Scales of 'Justice' in the botton left corner. ;) Thanks

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Thanks Angi :D,

 

I've just started my own thread and will keep it updated with my progress. Also keen to help out in anyway for the cause.

...once i've got my footing ;)

 

Still busy reviewing all the faq's. Quite a lot of info to get through, but well worth the read :)

Hoping to get the proverbial rolling tomorrow :)

 

Best Regards

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There really is nothing to be frightened of.you stick to you timetable as per this site.The bank then gets the idea that you know what you are doing realises that it might be from this site (the advice that is) and knows you have thousands of friends willing to help you and thay know they have already paid thousands of your friends their money back.patience and no need to panic.Regards Nigel

HALIFAX CURRENT ACCOUNT SETTLED IN FULL 9/9/06.

 

N1 form completed 05-06-07,LBA sent 14-05-07,2nd go!Prelim sent 24/04/07

 

Halifax Visa 1.Paid in full

Halifax Classic.Paid in full.

 

LBA sent 14-05-07,GMAC prelim sent 24/04/07

 

Data Protection Act for halifax mortgage 16/09/06.

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Have got a few questions. Can I fill in my court form by hand, not to good on the pc, Also, I couldnt do the spreadsheets so I sent a printed list with all the charges, dates etc with my LBA. Will I be able to do that with the court claim, if so how do I work out the interest?

Sorry to be such a div!!!!!

*Hayley*;)

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Guest bluecloud

You can access a copy of the N1 from the templates library.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

 

To file at the County Court you need three completed copies of the N1 and three copies of the schedule of charges. Not forgetting the appropriate fee of course. :)

 

The interest is tricky to calculate without the spreadsheet as it relies on knowing the exact date of the charge so the number of days can be worked out accurately. You need to know the number of days.

 

If you're willing, PM with the list and I'll send you a full schedule complete with interest. I'm on a bit of a high today as I've just won so feel like doing something benevolent. :D

 

 

.

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Help, I sent my LBA off on tues 25 th Oct. I have got a letter from Halifax today, 28th which says,

 

Sorry you have had to take the time to write to us regarding this matter, blah blah

I have passed your concerns on to our customer relations dept. Your concerns will be dealt with asap.

 

 

Is this standard? Do I keep to my 14 days deadline for Small claims? Please reply someone.

*Hayley*;)

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It's easy to say don't be scared, but really, after you have gone through this a little way, you start getting a bee in butt over what the Halifax did to you, we are about to file the claim with the court, so hopefully this nightmare will be over soon! Although they did send me a letter saying they would not pay and threatened to close the account if i did not run it properly!

Don't worry, its all good!

Do I dare say it might be worth coming clean with husbands/wives with charges and loans? I don't i could cope without the support of my husband.

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Thanks Have been feeling confident I'll get my money till now. My mums very " oh no its all a con, you wont get any money". Am planning on giving her some money IF my claim comes through. Well, they have just over a week to make me an offer otherwise, I'm claiming the 8% in my court form too. Wish me luck.

*Hayley*;)

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Hi Hayleytin

Help, I sent my LBA off on tues 25 th Oct.

Did you not bother with the prelim letter and just started with the LBA?

 

Steve

Claim against Halifax for £2236 plus interest.

 

04/09/06 - Requested statements via phone quoting Data Protection Act. Charged £5.

14/10/06 - Statements arrived.

17/10/06 - Prelim letter sent giving 14 days.

23/10/06 - Received letter dated 19th Oct confirming receipt of prelim letter.

31/10/06 - LBA sent recorded delivery. Signed for 02/11/06

02/11/06 - Phone call with offer of £675 - thanks, but no thanks.

03/11/06 - Letter received conforming offer. Replied with an "accept as partial settlement" letter.

13/11/06 - MCOL - £2236 + 8% interest £417 + 49p per day :D

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Ah, oh well - my LBA goes on Tuesday :D

Claim against Halifax for £2236 plus interest.

 

04/09/06 - Requested statements via phone quoting Data Protection Act. Charged £5.

14/10/06 - Statements arrived.

17/10/06 - Prelim letter sent giving 14 days.

23/10/06 - Received letter dated 19th Oct confirming receipt of prelim letter.

31/10/06 - LBA sent recorded delivery. Signed for 02/11/06

02/11/06 - Phone call with offer of £675 - thanks, but no thanks.

03/11/06 - Letter received conforming offer. Replied with an "accept as partial settlement" letter.

13/11/06 - MCOL - £2236 + 8% interest £417 + 49p per day :D

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Ok, divvy mode again. My court form, where it says about my solicitor. I had one for my mortgage, so I've got one to use. What do I do. Give them a call before I send the court form in, what will they charge etc. I am useless at this sort of stuff. Have the mind of a 10 yr old when it comes to this!!! Heeeeelp.

*Hayley*;)

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No, ignore the solicitor part - you don't want to be getting the cash from the bank and handing to straight to them - especially as you've done all the work so far!

 

(btw - LBA going out in the post tommorrow :))

 

Steve

Claim against Halifax for £2236 plus interest.

 

04/09/06 - Requested statements via phone quoting Data Protection Act. Charged £5.

14/10/06 - Statements arrived.

17/10/06 - Prelim letter sent giving 14 days.

23/10/06 - Received letter dated 19th Oct confirming receipt of prelim letter.

31/10/06 - LBA sent recorded delivery. Signed for 02/11/06

02/11/06 - Phone call with offer of £675 - thanks, but no thanks.

03/11/06 - Letter received conforming offer. Replied with an "accept as partial settlement" letter.

13/11/06 - MCOL - £2236 + 8% interest £417 + 49p per day :D

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Hiya

You dont put anything huni, your not using one. & It will be ok with the courts, so dont worry.:rolleyes::)

Your court paper/papers when filled in should be looking a bit like this:

 

Claimant

Your name & address

Defendant

Banks name & address

1. The Claimant has an account xxxxxxx with the Defendant, opened xxxx 2.

Since xx/xx/xx the Defendant debited charges and interest in respect of

purported breaches of contract.3. Defendant is aware of all details, as a list

of charges has already been supplied. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law.5. Claimant claims: (a) return of the amounts debited of £xxxxx. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982.7. Costs allowed by the Court. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from xx/xx/xx to xx/xx/xx of £ xxxxx and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.00p

Human Rights – No

Solicitor – No

Don’t forget to sign & date

the red xxxx are for your details, If you need me, PM me ok ;)

Good Luck with Your Claim

 

Angi x

 

 

:) If I have been of any help, please click the Scales of 'Justice' in the botton left corner. ;) Thanks

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Quick question. Mt sisters claim is over £4000. Wheh she has to take it to small claims she doesnt want to add on the 8% as it will go above £5000. She hasnt got much money and has been saving so she can get the £120 to make the claim. Does the £5000 count as the claim before or after the 8%?

*Hayley*;)

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I would still put it through with the 8%. Otherwise, you've lost the opportunity to claim it back.

Regards

 

 

S

 

 

Halifax PLC - £607 - SETTLED IN FULL

Halifax Card Services - £1142 - SETTLED IN FULL

 

MBNA Europe - £842 - SETTLED IN FULL + INTEREST!

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Got a letter from Halifax today, an offer of £660. My claim is for £3654, so am thinking, hmmmmm, no.

LOL, I've just been offered £675 :)

 

Pick a number - any number :D

 

Steve

Claim against Halifax for £2236 plus interest.

 

04/09/06 - Requested statements via phone quoting Data Protection Act. Charged £5.

14/10/06 - Statements arrived.

17/10/06 - Prelim letter sent giving 14 days.

23/10/06 - Received letter dated 19th Oct confirming receipt of prelim letter.

31/10/06 - LBA sent recorded delivery. Signed for 02/11/06

02/11/06 - Phone call with offer of £675 - thanks, but no thanks.

03/11/06 - Letter received conforming offer. Replied with an "accept as partial settlement" letter.

13/11/06 - MCOL - £2236 + 8% interest £417 + 49p per day :D

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