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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
      • 160 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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Mr Penguin Vs HSBC Bank Plc ***WON***


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Hello there!

 

I've just submitted my OLMC (yesterday) after receiving no response at all to my LBA and initial letter. They were both sent recorded and I have checked the delivery slips which confirm they arrived. I guess just need to sit tight now...

 

Has anyone heard of these companies who offer a 'no win no fee. get your charges back' service? My partner is going to reclaim her charges soon from Nationwide and I wondered if it's worth getting these guys to do it all for us rather than have the hassel? They advise they charge their fees to the banks (making it more expensive for the banks) and claimants get 100% of their charges?

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Guest Battleaxe

Do it yourself, why share the spoils? No win, no fee, What does that tell you?

 

There are enough people on the forum who will help you and it is not that hard to do. you follow the tried and true format and in about three months you will have your money and you will have done it yourself. it is not that much of a hassle really. The worst bits are the waiting times, but once you have filed in Court , you have controlled the process all the way, you know you are on the home stretch.

 

In my mind these firms are getting rich on your misfortune and I wouldn't give them the time of day.

 

Go for it Mr Penguin.

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Hi Mr Penguin,

Doing it yourself is REALLY easy, there is LOADS of help in here to guide you, go for it !

 

Good luck

 

Steve

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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Received my Notice of Issue via the MCOL peeps on 22/11/06 - it was isued on 21/11/06. I hadn't received any kind of response form HSBC regarding my prelim and LBA letters but already received a Notice of Acknowledgement of Service (dated 26/11/06) for which the box 'I intend to defend all of this claim' s ticked. The Notice advised that HSBC has 28 days to file their defence, any advice as to wha I should expect?

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as we've been saying on other threads - a newish trend is developing. now that you have your acknowledgment, look for the name of the person from dg on the second page. send a breakdown of charges to that person tomorrow - recorded del. or fax it to them. yes, we know you have sent it to the bank and with your claim, etc. , do it again, now, this can and has in several cases bumped your claim to the top of their pile and cut about 2 weeks in waiting time off the process. just a simple one liner with it like: please find enclosed my breakdown of charges relating to claim XXXXXX.

with your name and contact details. try it, you may still get a pleasant surprise in time for xmas. keep in touch.

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A letter plopped onto my door mat this morning from a member of HSBC Bank's Service Quality Team. It seems strange that they have only responded to me following my MCOL submission but couldn't find the energy within them to lift a pen to respond to my Prelim & LBA letters (the blighters...) - anyways, they have made me an offer of £2250.00 as full and final settlement for representing the charges applied.

 

I have a a question in my head before I decide what to do:

 

If I persue for the full amount, will I get it (the offer is £513.72 less than I asked, plus they haven't included the cost of my MCOL) OR Should I just ask for the addition of the MCOL cost and take the £££'s? (nice little wedge before crimbo).

 

Any thoughts guys (& gals)?

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certainly see you point and can understand you are considering all the angles. my take would be this - even though it was sent without prejudice - meaning it couldn't be used against them in court. - do you really think they would have offered anything if they weren't aware of the fact that they haven't a leg to stand on. any offer - especially one of that amount must by it's very existence mean they know they are in the wrong on this. so, you can accept it as partial payment but leave them in no doubt you are in it for the long haul. as you may be aware - once you filed your mcol you are now dealing with dg - so that offer was in response to your lba - better late than never??

i think anyone who has been there will tell you - stick it out, you will get all of it back. sleep on it. maybe some more will add their thoughts.

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hello mr penguin.. lateralus has a very good point.. but it is still all up to you.. £500++ is still a lot of money. if you can wait a little bit more.. you might get that and a bit more... sleep well...

[FONT=Comic Sans MS][SIZE=1][COLOR=purple]S.A.R. sent 30 October-reply received 10 november[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]Prelim letter sent 28 november- no reply[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]LBA sent 13 december- no reply[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]MCOL filed 30 december- issued 02/01/07[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]loveletter from colin received 02/01/07-saying will get in touch on feb 9[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]acknowledged claim on 4 jan- has until 1 feb to defend.[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]defence entered 31 jan 2007[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]offer received 1-2-2007... still waiting for the moolah though:cool: ...[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]and moolah arrives 1-march 2007!!! Praise the Lord!!!![/COLOR][/SIZE][/FONT]

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Thanks for your comments - I've just re-read the letter (dated 5/12/06) which states that it is in response to my letter dated 3/11/06!!!

 

...so it was a response to my LBA as Lateralus suggested. Now that I've submitted my MCOL and had it acknowledged by DG (who intend to defend the claim in full), who should I now respond to with my intent to collect the full amount I have submitted my MCOL for?

 

Thanks for your advice.

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think i would send a letter (there is a template for refusing an offer) address it to whomever sent you the offer and send a copy to whomever is on your acknowledgment at dg (this will serve to bump you up to the top of the pile - if only for filing purposes) - the offer came from the bank so you would refuse it to them, noting you have already claimd and now requrie claim+interest+court charges. that offer will disappear but you will have kept up your end by responding (and that copy to dg may shake something a bit).

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After a good nights kip I've decided not to take the offer and run but to stick it out and reclaim my full entitlement. It seems shoddy on thier part that they would take so long to respond to my LBA letter and even do so after they have acknowldged my MCOL.

 

The letter to decline the offer has been drafted with a copy going to DG too and will be posted today. Any idea how long it will take form here until I hear anymore (or get a revised offer?) Also, would would I expect the offer from, DG or HSBC?

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  • 2 weeks later...

Have a question regarding my MCOL deadlines:

My MCOL was logged online on 21/11/06; it was accepted on 22/11/06 with it being sent to HSBC, who acknowledge the claim on 24/11/06. Is the deadline for the defence to be submitted 28 days from HSBC acknowledging the claim or 28 days from the day the claim is deemed as being served (as decided by the court which was 26/11/06)?

If it's the latter then my deadline is up on Sunday (ho ho ho) and I've not heard a bean.... I did send both HSBC (Service Quality Team) & DG a copy of the decline of offer as mentioned above. If I don’t receive anything from HSBC, DG or the court by the deadline, should I go ahead and ask the court to enter into judgment or is there something I have missed?

I’m also thinking that maybe I should wait a few days as post at this time of year is a little slow…?

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I’m also thinking that maybe I should wait a few days as post at this time of year is a little slow…?

Nope, when the deadline is passed, click for judgement, don't make a fuss about it though. Wait a day or two, then put in for a baliff. If you make a big fuss, all that will do is make them apply for a stay. If you go in quietly though, you will get some great blaiff fun!

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in abouat 99% of the cases - dg files their defense at the 11th hour ( really at the 11th hr 59th minute). the button won't let you push ahead of time and then when you could press it - they mostly have already filed and then it won't let you press either. they seem to be letting a lot of the claims go to the defense (you get the aq, the court change and their defense about 2-3 days later) and then you get an offer just after that.

don't worry if they defend - that's standard and just moves everybody's deadline by another 2-3 weeks. in the last week - we've seen lots of cases being offer 100% just after the defense is filed. hang in there - and follow crusher's advice above.

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Many thanks for that.

 

Just as you advised - I checked the MCOL site and there is a defence showing! I was sooo looking forward to sending in the baliffs :)

 

I guess the papaer work is to follow...You say an offer may come in now that the defence has been filed? I'll keep the thread updated if anything does.

 

Thanks again

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DG are getting REALLY boring in their predictability in tactics ;)

 

You will probably receive an offer close to when your AQ is due to be filed, possibly after then, but you will receive one!

 

I would suggest sending a copy schedule with your claim number to DG by email, it will save them asking you for it. [email protected] is probably your best bet

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PLEASE READ THE FAQ's

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i'm beginning to think- send another one in when they have filed a defence and then call a couple of days after "to check it has been received" this is even if you sent one when the acknowledgment arrived. one or two getting through this stage with nothing - i think it's the volume of claims they are seeing and anything you can do (see above) will bump you to the top of the pile. both those actions in the first line will bump you up. try it.

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