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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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mo v Halifax ***SETTLED IN FULL***


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i think ive confused myself again,too much reading,i was all set to work out my charges with the on line calculater,and now after reading more i cant decide if im supposed to add 8% on or not,so i might be as well just asking for the charges back and forgetting the interest, can any mod can help please

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hi mo i would cliam your 8% i was not going to bother but did it anyway once i got my head a round it took me 2 hours but worked out at £200. just take your time theses guys on here have been a god send, iam at the court stage they have till 6/11 to respond so iam on tender hooks at the min, YOU CAN DO IT :-)

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Hiya Mo

 

I just PM you, so come on huni, get that 8% added, I need a beer hahahah

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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Sorry to jump in on your thread Mo

 

Clive?

 

so your claim is at court now?

 

if yes

 

keep checking your bank account,

 

I feel Fridays a Good Day For You.....

  • Confused 1

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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Oh I had letters saying they were going to defend, still waiting for that day hahaha

Its just a put off letter, as you will know by now, This site has & is great, I won my charges back, I did have a few problems along the way, but the people on here, just helped me out.

Thats one of the reasons I stayed around to help others out & give my support where I can.

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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hi mo go to bank templates library their is a speadsheet for 8% put yourown dates and figures in it will do it for you it takes time but it is worth it come you can do it. WE GOT PAID OUT YESTERDAY ITS A GREAT FEELING MO.i had help from guys on here its very scary just take your time good luck :-)

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im just working charges out by hand cant work out spreadsheet,can someone see if it looks ok what im sending thanks ie...

 

 

date incurred

 

 

ammount incurred

 

 

interest

 

 

days passed

 

 

ammount owed

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im back again,particulars of claim is it this?

 

 

.

 

1. The Claimant has an account 1234567 with the Defendant, opened May 2000 2. Since 01/02/03 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 £XXXX; (b) Interest per S.69 County Courts Act 1984 of 8% - £xxx [enter interest total at date of claim] continuing at 8% until judgment or settlement at a daily rate of £0.xx; 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.

 

 

if it is what do i put in brief details of claim

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im back again,particulars of claim is it this

 

1. The Claimant has an account 1234567 with the Defendant, opened May 2000 2. Since 01/02/03 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 £XXXX; (b) Interest per S.69 County Courts Act 1984 of 8% - £xxx [enter interest total at date of claim] continuing at 8% until judgment or settlement at a daily rate of £0.xx; 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.

 

 

if it is what do i put in brief details of claim

 

 

Use this Mo

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

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thanks,do you mean put this in..

 

 

* Your account number

* Date account was opened

* The date from when your charges began

* That you have already supplied a schedule of charges

* That you will be supplying a further copy

* That the defendant has levied charges and interest

* That the defendants contractual term which allows charges is unfair and contrary to common law

* Total amount claimed

* Section 69 statutory interest statement

* The alternative argument - S.15 Supply of Goods and Services Act 1982

* Costs

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Mo

Check your emails huni, Ive sent you what you need to put on your N1.

 

Well Done Clive

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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Hiya Mo

Ohhhh good for you, Now stay calm, dont worry to much, you will do great. This will feel like the longest wait of your life, Loads of Luck to You...not that you need it xx

By the way....mines Vodka & Coke ;) lol(when you win :lol: )

Keep me posted 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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well done mo now your nerves will kick in dont worry easy for me to say i know but we have all been there you think you are going to be the one they go all the way with, on the twelfth day you mite get a letter they are going to defend i got paid out the next day so the 21st looks good for you check your account all the best :lol: :grin:

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  • 2 weeks later...

Don't be they are just pussycats really!

They have just refunded another lot of my charges, at the preliminary stage, and thanked me for my custom!!!

Halifax settled

Halifax (again) settled

Nationwide settled

Natwest settled

Don't forget to donate to this site, they gave us the backbone to put up a fight, we've learnt how to reclaim our rights and proved banks are all nothing but........ rubbish <wink>

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Snap, I filed mine on 7th aswell. Halifax told me they havent got the claim yet, I was worried coz they hadnt acknowledged it, so I spoke to a woman in the legal dept and she said she would get it faxed from the court and then she would acknowledge it!!! Waiting for an e-mail from them to say they have done that!

*Hayley*;)

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Hiya Mo

Ermmmm YES wont be long now, check your bank account around the 22nd if not before, They will pay up & STOP being so Worried will ya!!!

Its nearly over

email me if you need me ok

Take Care xxx

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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Hi Mo I am in same boat as you, it is scary but a good scary. I filed my moneyclaim online at about 4.30 this morning when igot up for work, it felt as if a great weight had been lifted off my shoulders. I even enjoyed work:) I AM NOT GOING TO LET THIS BEAT ME NO WAY NO HOW! GOOD LUCK WITH YOUR CLAIM.

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hi mo i too am at court stage took my papers in wednesday afternoon after nearly having a nervous breakdown the day before as i couldnt work out the N1 but with all the help i had i got there anyway the court said they would file claim next day (thurs) so now im just waiting and hoping i get it b4 xmas ,well done anyway and hears hoping for a merry xmas hey x

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