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    • It's a GR Yaris - Finance is with Alphera, who are part of BMW I believe. I'm sure the unit is very expensive to repair, I have even told them I would be happy with a refurbished/reconditioned unit, in trying to be reasonable as well.
    • Without seeing this envelope, document and sticker it is impossible to advise properly. However, just going on what you have told us, there are two ways you can deal with this: !. The easy way. This has the lowest risk but the guarantee of a penalty for speeding.  You can respond to the SJPN by pleading “Not Guilty” to both charges. In the “Reasons for pleading Not Guilty” box you can explain that you responded to the request for driver’s details but it was recently returned to you, seemingly not actioned. However, you are willing to plead guilty to the speeding charge providing, and only providing, the “Fail to Provide Driver's Details" (FtP) charge is dropped. You could also ask the court to consider sentencing you at the fixed penalty level (£100 and 3 points) as this prosecution seems to be the result of an administrative problem outside your control. 2. The not so easy way with higher risk. This could see you convicted of the FtP charge but has the possibility that you escape with no penalty whatsoever. You can do the same – plead not guilty to both charges. If you go down this route the speeding charge cannot succeed as they have no evidence you were driving. This comes from your response to the request for driver’s details which the police say they have not got. You can mention in the “Reasons” box that you returned the request for driver’s details as required. You will then face a trial for the FtP charge and you can produced your response together with the envelope and sticker showing it had been returned to you. The risk with this is that if your defence fails you will be fined a week and a half’s net income, pay a “Victim Surcharge” of 40% of the fine, pay prosecution costs of around £650 and have six points together with an endorsement code (MS90) which will see your insurance premiums rocket.
    • Probably very expensive to replace what car and model who is your finance with ?   Andy
    • Topic moved to Financial legal Issues forum in view of the claim form. Topic title updated Please continue to post here, Andy   .
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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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dreaddan V HSBC **WON**


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Hi, I've finally receved almost all of my statments from HSBC. Only got jul06 to the request date to come.

 

If I should expect anything else, IE what does the SAR acually request?

 

I'll be sending the perlim later this week.

 

Thanks

Dan

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the sar requests all statements and paperwork they hold about you inclusing any "manual intervention". that is basically any notes/emails etc. they tend to only send the statements but thats fine, thats all u need to start your claim!

Kaz :)

 

 

HSBC

claiming £2749 (£3400 with court cost & 8%)

mcol acknowledge 25/09/06

DG requested breakdown 5/10/06

Breakdown sent to DG 12/10/06

 

Yes Car Credit/Direct Auto Finance

CCA request sent 18/10/06

 

Whilst my aim is to be helpful, its reasonable to assume I am not a professional and am (dare I say) not always right. Seek professional help if in doubt

:-D

 

:lol: If i have intentionally or accidently said something of relevance or use to you, please click the scales:lol:

 

"A bank is a place where they lend you an umbrella in fair weather and ask for it back when it begins to rain". - Robert Frost

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  • 2 weeks later...

doh - I mean can you close a hsbc account over the phone?

We nolonger need our hsbc account - we havnt used it for a year.

Our local branch is closed for a referb, the next nearest closes at 3pm during the week (why 3pm!) . So unless we try to go on a saterday (were not here for the next 3 saterdays) the only way to do it is over the phone.

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doh - I mean can you close a hsbc account over the phone?

We nolonger need our hsbc account - we havnt used it for a year.

Our local branch is closed for a referb, the next nearest closes at 3pm during the week (why 3pm!) . So unless we try to go on a saterday (were not here for the next 3 saterdays) the only way to do it is over the phone.

 

The best way is to write to them.

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  • 3 weeks later...
  • 3 weeks later...

Coudnt find what I was after but I dout it will matter.

Have sent the MCOL going )(

Hopefully I havnt messed up... Now to find out if I need to send copys of charges.

 

1. The Claimant has an account with the Defendant, opened 2. Since 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. Another copy will be sent. 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 ; (b) Interest per S.69 County Courts Act 1984 of 8% a year from to 5/12/06 of continuing at 8% until judgment or settlement at a daily rate of £0.11; 6. 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.

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dan, i'm sure bong will be with you shortly (or you could always pm her) - i'm trying to follow what you are saying and i'll just put in one thought - if you are saying you already submitted yesterday on mcol and it is wrong - you can call them first thing this morning - details in the contact button on the mcol site and could cancel it - have your money returned and start again. if i've got this all wrong - ignore me and wait to see what bong or someone else says - just thought = timewise - i'd pass that along.

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Thanks lateralus.

As you have worked out I have put a incorrect amount in the 'amount clamed' box.

Have called them up and put in for a widthdrall. Though I'm suprised you cannot change your clame before they have looked at it.

 

I have had to change the perticulars of clame to this as it now wont take what I origanaly put in

 

1. The Claimant has an account

with the Defendant, opened 2.

Since 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.

Another copy will be sent. 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

; (b) Interest per S.69 County

Courts Act 1984 of 8% of continuing

at 8% until judgment or settlement at a daily

rate of £0.11; 6. 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.

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looks ok, it doesn't follow the suggested wording strictly but the relevant info is in there. I can't see why it won't allow you to fit in the same wording you used before, ie with the dates.

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Thanks, I only changed the bit about intrest as there's a popup about what you must include when claming intrest.

Im also supprised, I wish I'd just done it correctly last night.

 

Both clames have been passed for validation :( How long does it take for them to withdraw the old one?

 

Cheers

dan

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i didn't, but several people have said yes, you should send 3 copies to the court be sure to add your claim number and when you received your acknowledgment from the court, send a copy to the person listed from dg who is dealing with your claim.

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Yes you should now supply a copy of your schedule to the court.

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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