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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.

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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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Has anyone lost vs HSBC?


Tigerpants
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I'm sure the answer will be no but Mr Tigerpants blanched at the thought of paying out £120 to file the MCOL and asked if anyone had lost before as we could really not afford to pay this out if we weren't going to get the whole amount back

 

TP

xx

Preliminary letter sent to HSBC - 10 October 2006

received by them 12 October 2006

NO RESPONSE

Letter before action sent to HSBC - 24 October 2006

received by them 26 October 2006

Lets wait and see.......................

HSBC settled 90% claim - 16 November 2006

VERY HAPPY WITH THAT THANK YOU!! :D

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The real question to ask, is has anyone lost against ANY bank yet? I suspect the answer to that is a resounding 'no' also...

Halifax: FULL REFUND

_________

Lloyds TSB: FULL REFUND

__________

HSBC Current Acct: FULL REFUND

__________

Capital One (three accounts); GE Money (Mothercare); GE Money (Burton):

Getting round to sending off first letters...!

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Hi,

I have been trawling this site aprehensively looking for the same answer-yep I just filed my MCOL (£120 worse off) and had to swallow HARD and wndered if little ole ME would be the test case and end up getting sued by HSBC for £1,000's etc etc . . . BUT I haven't found ONE single entry that even suggests that ANYONE has lost.

I think it was Bong who pointed out that would ANY bank risk a test case in law that might just go AGAINST them and cause a change in UK banking law which will prohibit thenm from fleecing its account holders for millions (oops £ billions) in charges etc etc

So . . . . armed with that info I confidently thumped the SUBMIT button in MCOL

 

It's WAR now and I have NO intention of backing down now

Dec 2006 - Sucessfully recovered over £3k from HSBC with much help from CAG :-D

 

 

if you found this post helpful, please click my reputation, thank you

 

(The small print-my advice and opinions are my own, and are given freely and without predjudice or liability whatsoever)

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Go Steve Go! :p

 

I had an acknowledgement from DG the day after I filed mine 8.11.06 - just a case of waiting now!

 

Good Luck!

 

Zsazsa

HSBC S.A.R - (Subject Access Request) 24.08.06

HSBC WON £3608.05 inc court costs DONATION MADE

 

Halifax S.A.R - (Subject Access Request) 24.08.06

Halifax WON £1909.39 inc court costs DONATION MADE

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One bloke lost against Natwest - Henry v Natwest. His barrister was ill prepared and didn't believe in the case.

 

But that was right at the start of all these claims, and the only loss I think, to date.

 

Do a search. Henry has written a post on here after he lost.

 

Don't let it put you off though.

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