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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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Lisa v HSBC ***SETTLED IN FULL***


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Hi all,

It's now 8/1/06 - I still haven't received anything from the Court (or DG) although the Court told me a defense was filed on 29/12/06. I was just wondering whether this was normal or if I should've received the AQ by now? I did think maybe the Christmas period could of also caused a delay possibly?!

 

I've never been so desperate to see what the postman's left for me!!

 

Cheers,

 

Lisa:)

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Barclays filed their defense to my claim on the same day, 29/12/06. My copy of it arrived (with the AQ) on Friday 5th Jan.

Id call the court again.

Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

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yes, i'd call the court and ask - but (crafty little devil tht i am) (and always looking for a way to bring a name up at dg), i would ring them as well, in all innocence and say something like: "i was jjust wondering if you could help me, i've been waiting for the defense paperwork from the court, including a copy of your defense and the allocation questionaire and it hasn't arrived although i was told you had filed your defense on 29 Dec. I was just wondering if you had received your paperwork from the court (geniune question) along the same lines or if this is maybe a backlog from the holidays." this won't be leaving me a lot of time to fill in the aq if i have to. can you tell me if you have received your paperwork on this case (have your court no. ready). really, it's a ploy to get your paperwork out and on top and see if it doesn't gee them up a bit. try it!

but also ring the court and ask - you do need to know that aq deadline and i think it may be nearing so find out today, if possible.

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Okies, have done both.

Spoke to the court who said there's a large back log and their dept' that issue AQ's is working from defenses entered from 23/12/06. They said I'll receive it next week and the deadline will be set from when they issue it, not when the defense was entered.

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Hiya,

Sorry about not replying to your last post Lattie - didn't see a reply until now!!! I spoke to Debbie D who informed me it wasn't something she was dealing with, I asked if she could give me the details of who was or could she transfer me, to which she replied in a very harrassed tone that she'd take my number and get somebody to call me back shortly. A lady did call back who informed me that yes the defense was filed on the 29th and if I want to know if an AQ was filed I'd need to contact the court with the claim number.

 

Anyway, it's now the 15th and I still haven't received my AQ!!!! The defense was filed over 2 weeks ago!!! I called the court again today and they said the AQ was sent on 10/1/07......surely i should've received it by now? Guess I'll have to call again tomorrow....again!!

 

Lisa :(

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if it goes much longer - i'd ask the court to extend the deadline - see what happens tomorrow - but you usually get at the least 2 weeks before the deadline - it's cutting into your response time (that's not all that bad - but delaying the deadline a little may get you your offer and you wouldn't have to file the aq.) so, if it's not in the post manana - i'd say ask the court, would it be possible to extend the deadline as i haven't received it (bet it comes tomorrow) - at least you already know your deadline - the 29th - so, when you called dg did they say that they had your breakdown - did you ask? if not - call and ask and mention that you will be filing your aq shortly - will you be hearing from them anytime soon?

(don't tell them that your aq isn't here yet or that you've spoken to the court). get back tomorrow and let us know what's happened.

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Yeh, you can use the elec copy, but to be honest, Id want to see a copy of their defence. There were a couple of errors in mine...

Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

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Cheers for the help guys.

 

I'm going to call the Court tomorrow if I still haven't received it and just ask if I can go and collect a copy from the Court.....If they send it again and they won't extend the deadline and this happens again I'm wasting time so it might just be easier.

 

Is there a generic amount of time from the date AQ is issued to when the deadline is up?

 

Going to fax through breakdown again tomorrow and call to check to see if they've received it and tell em I'll be filing shortly, as Lattie suggested.

 

Hope the postie has something for me tomorrow.......he should share his luck really, it wasn't that long ago he won the lotto!!!!

 

Fingers crossed :)

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Well I phoned the court again today as I still haven't received the AQ. They have said they will re-send. They also said the deadline is 29th Jan. I'm just faxing breakdown of charges to DG and will follow up with a call to check they've been received.

 

Will update with what they say shortly.

 

Lisa

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Just had a thought (I know, it's dangerous!!) but further costs have been incurred since the claim - I know I can't add these to my schedule but in the fax cover sheet would it be worth mentioning them? I did mention one £45 in the covering letter I sent to DG when I sent the charge schedule after I received acknowledgement.

 

Any thoughts?

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hello everyone. yes, the hsbc seem to be playing a silly game of making offers that are less than requested. I claimed for £1,465 and they're offering £1,260 with no explanation as to why it's 200 less. I have 10 days to reply. Would prefer quick settlement but feel i should pursue full amount. Not possible to speak to Colin Langdale directly.

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Hia Lisa,

 

We are at the same stage and HSBC filed their defence against me on Thurs (11th) and I received my AQ on Sat morning!!! I have till 30th to file it which is just under 3 weeks so fingers crossed we should hear something soon!! They must have sorted out a big pile of paperwork as it seems there are a few people with the same deadlines. That does give me encouragemnet as we can't all go to court surely!!

 

Good luck and keep us informed of any progress.

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I am currently in the same position as you....

I got a message back for D&G saying that 'a lot of cases are being reviewed by our clients [hsbc] at the moment and I should be getting an offer soon'

 

Good luck

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Well Splang I sincerely hope that an offer will be coming my way soon!!!

 

I'm quite concerned that they may have made an offer but I just haven't received it!!

 

I had someting sent out on Dec 21 which reached me on Jan 13th and something else sent on Jan 5th which reached me on Jan 11th.....and my AQ that was apparently sent on 10th Jan which I still haven't received!!!

 

I think I'll ask them tomorrow if they have sent anything :confused:

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Keep it going as I received full offer in post yesterday. Yeeha!!!

Hassle them as much as you can. I did by faxing my charges through everyday I could and have received this way before the deadline so fingers crossed for you. Good Luck.

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FULL OFFER RECEIVED TODAY!!!!!! WOOOOOOOOO :D

 

Thank you so much to you all for your help, advice and support!! A special Thanks to Michael Browne & Lattie -great advice given, as always!

 

I will making a donation as soon as the cash is in the bank ;)

 

Just a shame the bf's hungover and can't enjoy the news just yet :rolleyes:

 

Thanks again x

 

P.s - Can a mod change my title to *WON* - Cheers

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Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX

 

I accept your offer as full and final settlement only for this claim of bank charges made on my account between xx/xx/xx and xx/xx/xx(dates of first and last charge)

 

I accept this offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust that you will find this arrangement acceptable.

 

Yours Sincerely

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