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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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Bex v HSBC ***WON***


Bex7
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nothing more to update yes, i think now we are in for the long haul....

 

I am not expecting to hear anything this side of xmas but as soon as I have something from the courts I will send the charges schedule off to them and the solicitors.

 

Good luck with yours, keep me uptodate and I will let you know if anything happens :)

HSBC - £3217.59

02/11/2006 Prelim typed and ready to send! let the battle commence!

6/11/2006 Prelim letter and charge breakdown sent recorded delivery

7/11/2006 Prelim letter recieved by HSBC

20/11/2006 :LBA letter sent recorded delivery

4/12/2006 MCOL Filed

03/1/2007 Defense Entered :eek:

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Im just hoping DG will get there act together and give us all our money back before xmas just to get us out the way!!

[CENTER][SIGPIC][/SIGPIC][/CENTER] [CENTER]My claim against HSBC for £4,957!! :rolleyes: [/CENTER] [CENTER]6th November - letter sent requesting refund[/CENTER] [CENTER]20th November - MCOL filed[/CENTER] [CENTER]23rd November - MCOL acknowledged[/CENTER] [CENTER]24th November - Breakdown faxed to Debs at DG![/CENTER] [CENTER]20th November - defence entered[/CENTER] [CENTER][SIZE=5][COLOR=red][B][I]FULL OFFER RECEIVED TODAY!! 21/12/06[/I][/B][/COLOR][/SIZE] :D[/CENTER]

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  • 3 weeks later...

Right so for some reason the postman was very early today, not that I am complaining as he has just put my offer letter throught the door!!

 

Against a claim of £2793 + interest (£32**) in total they are offering me £2374.05. Definately not accepting this as closure of hte matter but it is great to see the end in sight!

 

So the question is does anybody have a template for the old "poke it up your bum" letter?

 

:)

HSBC - £3217.59

02/11/2006 Prelim typed and ready to send! let the battle commence!

6/11/2006 Prelim letter and charge breakdown sent recorded delivery

7/11/2006 Prelim letter recieved by HSBC

20/11/2006 :LBA letter sent recorded delivery

4/12/2006 MCOL Filed

03/1/2007 Defense Entered :eek:

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bet this was a belated offer from hsbc and not from dg, right????

hardly worthy of a response - but if it was from the bank and you want to respond - put a line in like - as i had not heard from you within a reasonable time period, i have now filed a claim against the bank and as such will require interest and court costs to be added to any future settlement offers. you get the drift -

you sent your breakdown to dg didn't you? about time for a call to them "to see if the breakdown was received" again -this serves to bump you up - you are nearing the end of the 28 days - they seem to be coming in with offers just after they file their defense but a phone call just makes sure you are in the pile (hopefully near the top), good luck, not long now.

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thanks guys, and yes Lateralus it was the belated HSBC letter. I have been quietly patient throughout my claim (strange as patience is not actually a virtue I posess!)

I emailed my breakdown over to them and have not heard anything althought the lovely Debbie seems to be having a little xmas break from all the claims!

They have until Thursday to enter a defense so I am quietly confident about full settlement.

Should I reply to HSBC or refer the letter and response to DG, something along the lines of......

"Although I am waiitng response from yourselves in respect of clim number xxxxxx I hve recieved communiction from your clients nd would like to bring to your attention that it does not settle the mtter and tht I will be proceeding with the claim for the full amount + interest and charges"?

HSBC - £3217.59

02/11/2006 Prelim typed and ready to send! let the battle commence!

6/11/2006 Prelim letter and charge breakdown sent recorded delivery

7/11/2006 Prelim letter recieved by HSBC

20/11/2006 :LBA letter sent recorded delivery

4/12/2006 MCOL Filed

03/1/2007 Defense Entered :eek:

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Obviously without the typos!!!

HSBC - £3217.59

02/11/2006 Prelim typed and ready to send! let the battle commence!

6/11/2006 Prelim letter and charge breakdown sent recorded delivery

7/11/2006 Prelim letter recieved by HSBC

20/11/2006 :LBA letter sent recorded delivery

4/12/2006 MCOL Filed

03/1/2007 Defense Entered :eek:

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good as I have jsut had to have my Cam belt changed and could do with the money! :)

HSBC - £3217.59

02/11/2006 Prelim typed and ready to send! let the battle commence!

6/11/2006 Prelim letter and charge breakdown sent recorded delivery

7/11/2006 Prelim letter recieved by HSBC

20/11/2006 :LBA letter sent recorded delivery

4/12/2006 MCOL Filed

03/1/2007 Defense Entered :eek:

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wooohooo defense entered......... i must be getting nearer to my money :)

HSBC - £3217.59

02/11/2006 Prelim typed and ready to send! let the battle commence!

6/11/2006 Prelim letter and charge breakdown sent recorded delivery

7/11/2006 Prelim letter recieved by HSBC

20/11/2006 :LBA letter sent recorded delivery

4/12/2006 MCOL Filed

03/1/2007 Defense Entered :eek:

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does anyone have a number for DG?

HSBC - £3217.59

02/11/2006 Prelim typed and ready to send! let the battle commence!

6/11/2006 Prelim letter and charge breakdown sent recorded delivery

7/11/2006 Prelim letter recieved by HSBC

20/11/2006 :LBA letter sent recorded delivery

4/12/2006 MCOL Filed

03/1/2007 Defense Entered :eek:

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DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

Tel: 0121 455 2111

Fax: 0121 455 2150

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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thankies Deller1

 

Do you happen to know how long you get before the AQ has to be returned?

HSBC - £3217.59

02/11/2006 Prelim typed and ready to send! let the battle commence!

6/11/2006 Prelim letter and charge breakdown sent recorded delivery

7/11/2006 Prelim letter recieved by HSBC

20/11/2006 :LBA letter sent recorded delivery

4/12/2006 MCOL Filed

03/1/2007 Defense Entered :eek:

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I think it was three weeks with my claim!!

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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My offer came the day after MCOL stated defence entered! The AQ came with the settlement letter, the letter was dated the same day they entered defence! Doh!

 

Good luck!!!!!!!!!!!!!!!!!! :D

[CENTER][SIGPIC][/SIGPIC][/CENTER] [CENTER]My claim against HSBC for £4,957!! :rolleyes: [/CENTER] [CENTER]6th November - letter sent requesting refund[/CENTER] [CENTER]20th November - MCOL filed[/CENTER] [CENTER]23rd November - MCOL acknowledged[/CENTER] [CENTER]24th November - Breakdown faxed to Debs at DG![/CENTER] [CENTER]20th November - defence entered[/CENTER] [CENTER][SIZE=5][COLOR=red][B][I]FULL OFFER RECEIVED TODAY!! 21/12/06[/I][/B][/COLOR][/SIZE] :D[/CENTER]

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cool, was it a full offer clare?

HSBC - £3217.59

02/11/2006 Prelim typed and ready to send! let the battle commence!

6/11/2006 Prelim letter and charge breakdown sent recorded delivery

7/11/2006 Prelim letter recieved by HSBC

20/11/2006 :LBA letter sent recorded delivery

4/12/2006 MCOL Filed

03/1/2007 Defense Entered :eek:

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It was... though Im STILL waiting for the money to go into my account 2 weeks on ...... :mad:

[CENTER][SIGPIC][/SIGPIC][/CENTER] [CENTER]My claim against HSBC for £4,957!! :rolleyes: [/CENTER] [CENTER]6th November - letter sent requesting refund[/CENTER] [CENTER]20th November - MCOL filed[/CENTER] [CENTER]23rd November - MCOL acknowledged[/CENTER] [CENTER]24th November - Breakdown faxed to Debs at DG![/CENTER] [CENTER]20th November - defence entered[/CENTER] [CENTER][SIZE=5][COLOR=red][B][I]FULL OFFER RECEIVED TODAY!! 21/12/06[/I][/B][/COLOR][/SIZE] :D[/CENTER]

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oh bummer, i am going away for long weekend in a few weeks and could really do with the cash by then :(

HSBC - £3217.59

02/11/2006 Prelim typed and ready to send! let the battle commence!

6/11/2006 Prelim letter and charge breakdown sent recorded delivery

7/11/2006 Prelim letter recieved by HSBC

20/11/2006 :LBA letter sent recorded delivery

4/12/2006 MCOL Filed

03/1/2007 Defense Entered :eek:

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well still no sign of an offer.........

 

Does anyone know if I can get a second AQ questionnaire......?

HSBC - £3217.59

02/11/2006 Prelim typed and ready to send! let the battle commence!

6/11/2006 Prelim letter and charge breakdown sent recorded delivery

7/11/2006 Prelim letter recieved by HSBC

20/11/2006 :LBA letter sent recorded delivery

4/12/2006 MCOL Filed

03/1/2007 Defense Entered :eek:

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what, the dog ate it?

there's a pdf version available on this thread which you need anyway:Allocation Questionnaires - A guide to completion just go down aways on it you will see it.

have you had the paperwork and lost it or just messed up your copy - i ask because you need the other stuff - the change to local court, their defense and mostly you need to know your aq deadline. do you have all that?

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wel I don't have a dog, the tortoise is in hibernation, the horse hasn't seens it and the cat only likes tuna! :)

 

I have had the paperwork and it has not left the house but for the life of me I cannot bloody find it!

I remember the deadline (22nd jan) and the court it has been transfered to it Milton Keynes.... Do I need to know the standard crud that they put as their defense?

 

Can I get another copy? I never loose stuff am very peed off and have torn the house apart looking for it :(

HSBC - £3217.59

02/11/2006 Prelim typed and ready to send! let the battle commence!

6/11/2006 Prelim letter and charge breakdown sent recorded delivery

7/11/2006 Prelim letter recieved by HSBC

20/11/2006 :LBA letter sent recorded delivery

4/12/2006 MCOL Filed

03/1/2007 Defense Entered :eek:

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probably could ring the court and ask for dups. and then you'll find yours!

sods law!

you sent dg a breakdown? why not call and ask if it was received - put you on top of somebody's pile of stuff. if you already have - do it again - and say s omething like - the aq will need to be filed shortly if i haven't heard anything from you. anything to spur them into action!

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I have sent the breakdown and called the rather abrupt debs! Think she must be sick of the calls as she put me in my place saying she does not deal with claims!

 

Will give them another call re the AQ and let them now that I will be completing it in the absence of an offer, incurring them a further £100.

 

If I don't have an offer by the end of the week i will call the court and ask for duplicates. Meanwhile I will disappear back behind the sofa looking or them!

 

thankies for the help.

HSBC - £3217.59

02/11/2006 Prelim typed and ready to send! let the battle commence!

6/11/2006 Prelim letter and charge breakdown sent recorded delivery

7/11/2006 Prelim letter recieved by HSBC

20/11/2006 :LBA letter sent recorded delivery

4/12/2006 MCOL Filed

03/1/2007 Defense Entered :eek:

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