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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 
      • 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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Tech v The Halifax ***SETTLED***


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I folded,

i needed the money b4 christmas, they know that, it`s damage limitation they know they will have to pay out, it`s to what extent they have to, bet they stop offering after christmas. The lady that rang me was really really nice she understood and sympathised with my position but would NOT budge on the interest, i was claiming 28.8%. Cheeky i know but if you don`t ask you don`t get. If they had insulted me and offered me a paltry amount for the charges of course i would have refused but straight off she said they would refund my charges only-IN FULL- so needs dictate i accepted after a quick call to my wife to get her slant on the offer. 17 days from the prelim request--3days after i sent the LBA-- they phoned-- i was thinking i would least have to wait until i filed at court before they offered. Have Halifax done this before or is this just on the run up to christmas to clear their backlog knowing people are more likely to accept at this time of year???

Acceptance letter going off tommorrow and as soon as the dosh is in my account i will donate and complete the survey,

Also will be leaving this forum tommorrow and moving to Lloyds X1 and Capital one X2 accounts, hope they cough up as quick.

Just Did It-:o :) JUST WON IT:) :o

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She said they would refund my charges only-IN FULL- so needs dictate i accepted after a quick call to my wife to get her slant on the offer.

 

Exactly. It's your claim and only you know your own situation. But if you are happy with their offer that's fine.

 

Congratulations, by the way

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Many many thanks for all the advice and support. I'm in two minds really and I guess I'll have to decide based on what they say when I call tomorrow. Two and a half grand is certainly better than nothing, and I certainly couldn't be accused of being greedy in asking for more - I just think that as the corporate giants have had their monies worth (and then some) that the 'and then some' should be due back.I may get the same flattery and flannel without much result and then as I say I can decide whether to say 'screw em' and go for all. I doubt I'll loose anything by at least making them hear my arguements for the full and I might not loose anything by opting to decline half.I'll let you know.Either way, I'm almost home with this one.

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Still in two minds whether to go down the contractual interest route or not - I'm ringing them later today. The bit playing on my mind now is that my claim is over 5 grand by about 600 quid. If I tell them that I want to go down the contractual interst route, will this mean that if I go to court I run more chance of losing and having to pay than if it were in the small claims court/under 5K? Or, are the bank likely to fold before court irrespective of whether it's a county court rather than small claims court?

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:-) :grin: :lol::smile: 8)

 

WON WON WON WON !!!!!!!

 

Just won back nearly £2500 back from the Halifax. Money goes in sometime in the next couple of days - better tell the wife in case it goes back out again just as quickly!

 

I have a number of tasks with this dosh including a family holiday to Florida next year and a donation back to CAG - show me how and where the survey is please someone.

 

I toyed with the idea of going for contractual interest and pre-6 year rule and even argued both points politely to them but they wouldn't budge as per normal. I could have held out for contractual/court hearing to get over double this amount but let's face it if contractual rules ever do apply I can always revisit them and ask for that at a later time.

 

Speaking of which, don't the Hali run Bank of Scotland too? I have one of their god-awful Preference accounts which I think I'll check if anyone's claimed against and start the ball rolling then.

 

I've already switched accounts so once the money's in I'm closing it forever.

 

MANY THANKS TO ALL FOR YOUR HELPFUL ADVICE - TOO NUMEROUS TO MENTION - SOME ARE ON THIS STRING AND OTHERS ARE STRINGS I'VE MERELY READ AND DIGESTED. PLEASE CAN THE MODERATOR CHANGE THE TITLE THREAD TO **WON** AND MOVE THREAD TO THE SUCCESS LIST.

 

MARTIN LEWIS DESERVES A MENTION - IF IT WASN'T FOR HIM CHAMPIONING THE CAUSES OF THE MAN/WOMAN ON THE STREET VIA RADIO2 AND HIS SITE THEN I AND OTHERS WOULDN'T HAVE DREAMED THAT THIS WAS POSSIBLE.

Technique Vs Halifax PLC

Amount won: £2409.54 including £250 Court Costs

Ball set rolling on 3rd Sept 06

Statements received 12th Oct 06

LBA sent 19th Oct 06

Fob-off attempt on the phone by Hali on 31st Oct 06

Partial refund offered of £579 on 2nd Nov 06 - Rejected

MCOL claim for £5491 on 12th Nov 06

Intention to defend received on 22nd Nov 06

Phonecall from Hali on 1st Dec offering £2409.54, with Hali claiming 8% interest was all that could be claimed once gone to court. Missed this call as I was at work.

Phonecall to Hali to discuss the 8% on 6th Dec but they wouldn't budge

Thought long and hard about fighting for contractual interest but decided to accept their full refund plus 8% and court costs of £2409.54 on 6th Dec 06

Completed Bank Refund Survey on this site on 6th Dec 06

Will donate when monies in the bank

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Congratulations. Would you let me or one of the other mods have details of your claim for the litigation section please. Claim number, amount, and date settled will be fine.

 

Thanks and well done.

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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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