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    • Morning dx and thank you for your message.   With regards to your comment about them not needing to produce the deed, the additional directions ordered by the judge included 'a copy of any assignment o the debt or agreement relied upon'  so that is why I thought that point was relevant?
    • Sorry for the long post but I don't want to miss out any relevant information: My wife bought a car from Trade Centre UK and have been having nothing but trouble with it. Unfortunately we paid of the finance used to buy the car as we weren't expecting this much trouble with the car as we we though we would have protection as buying from a dealer. We are wondering if we can still reject the vehicle since the finance plan has been paid off. Timeline is as follows: 13/12/2023 -15/12/2023 Bought car from Trade Centre UK for £10548 £2000 deposit paid on credit card on 13/12/2023 £8548 on finance from Moneybarn (arranged through Trade Centre UK). picked up car on 15/12/2023 Also bought lifetime warranty for £50/month 25/12/2023 Engine Management Light comes on. The AA called out and diagnosed the following error codes: P0133 - Lambda sensor (bank 1, sensor 1) Oxygen Sensor. Error Message : Slow reaction. Error sporadic P0135 - Lambda sensor heat. circ.(bank1,sensor1) Oxygen Sensor. Error Message : Component defective Due to it being Christmas took a few days to get through to them but they booked me in for 28/12/2023 to run their own diagnostics. 28/12/2023 Took car in to Trade Centre so could check the car – They agreed it was the Oxygen Sensor and Booked me in for repair on 30/01/2024. I was told they had no earlier slots, and I would be fine to carry on driving car when I said I was afraid of problem worse. During diagnosing the problem, they reset the Engine Management Light. During drive home light comes back on. 29/12/2023 - 29/01/2024 I carry on driving the car but closer to the date, engine goes to reduced power every now and again – not being a mechanic I presumed that this was due to above fault. 20/01/2024 Not expecting any more problems paid off the finance on the car using personal loan from bank with lower interest rate. 30/01/2024 Trade Centre replace to O2 sensor (They also take it on a roughly 60mile road trip which seems a bit excessive to me – I can’t prove this as something prompted me take a picture of milage when I handed car in but I forgot take one on collection – only remembered next day.) 06/02/2024 Engine goes in reduced power mode again and engine management light comes on – Thinking the Trade centre’s 28 day warranty period was over I booked the car the into local garage for the next day to get problem fixed under the lifetime warranty package. Fault seems to clear after engine was switched off. 07/02/2024 In the Morning, I take it to local garage who say as the light gone off – the warranty company is unlikely to cover the cost of the repair or diagnostics and recommend I contact them when the light comes back on. In the evening the light comes back on and luckily I manage to get it back to the garage just before it shuts for the day. 08/02/2024 The Garage sends me a diagnostics video showing a lot error codes been picked up by their diagnostics machine including codes for Oxygen sensor and Nox Sensors, Accelerator pedal and several more. Video also shows EGR Hose not connected to the intake manifold properly, they believed this was confusing the onboard system as it is unlikely this many sensors would trigger at same the time but they couldn’t be certain until they repaired the hose. 13/02/2024 Finally get the car back as it took a while to get approval and payment for the repairs from the Warranty company. Garage told me to keep an eye the car as errors had cleared with the hose but couldn’t 100% certain that’s what caused the problem. 06/03/2024 Engine management light comes on again. Fed up I go into Trade Centre as I was just around the corner when it happened and asked them how to reject the car or have the problem fixed. They insist that as it’s over 28 days I need to get the car fixed under the warranty package I purchased and they could no longer fix the car as it was over 28 days. When I tried telling them it appeared to be the same or related problem they said they couldn’t help as I hadn’t contacted them earlier. I asked them if they were willing to connect the car to the diagnostics machine and tell me what the problem was, as a goodwill gesture, which he agreed to do and took the car to the back He came back around 30 minutes later and said they took a look at the sensor they replaced previously and there was nothing wrong with it and engine management light went off when they removed the sensor to check it. When I asked what the error code he couldn’t give me an exact fault but the said it one of the problems I told him earlier (Accelerator pedal). I have this visit audio recorded on my phone – I informed the reps I was recording several times. As the light wasn’t on, local garage couldn’t book me for a repair under warranty. 07/03/2024 Light came on so managed to book back into local garage for the 12/03/2024 Whilst waiting to take car into garage, I borrowed a OBD sensor and scanned for errors on the car. This showed the following errors: P11BE – Manufacturer specific code (Google showed this to be NOX sensor) P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow 12/03/2024 Took car to local garage and the confirmed the above errors. This leads me to believe that either Trade Centre UK reps lied and just reset the light or just didn’t check properly (Obviously I am unable to prove this) 22/03/2024 Finally got the car back as according to garage, the warranty company took a long to time to pay for the repairs 28/04/2024 Engine management Light has come back on. Using the borrowed OBD scanner I am getting the following codes: P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow P2138 - Accelerator Position Sensors (G79) / (G185): Implausible Correlation I have not yet booked into a garage as I wanted to see what my rights are in terms of rejecting the car as to me the faults seem related. I can’t keep using taxi or train to get to work every time the car goes into the garage as it is getting very expensive. Am I right in thinking that they have used up their chance to repair when they conducted the repair end of January or when they refused to repair it in February ? If I am still able to reject the vehicle could you point to any sample letters or emails I can use. Thankyou for your advice on my next steps.
    • Ok noted about the screenshot uploads. In terms of screwing up I had one previous ticket that defaulted and ended up in a CCJ from Southend airport because for some reason during COVID I didn't receive their claim form just a notice of default. This hospital ticket was the 2nd ticket that went to CCJ due to a lack of knowledge of the process. Maybe it's easier just to pay them in future I'm thinking though, I don't get them very often anyway
    • Car maker takes a hit from weakening demand and price war in the world's largest electric vehicle market.View the full article
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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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    • 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.
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      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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Wish me luck!


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Just calculated my charges. Total of £606.90. Drafting letter this weekend and will be handing it at local branch Monday! Will keep you posted. LETS GO GET 'EM!!:D :D

Barclays - claiming £1082 - prem letter sent 3/5/06.

HSBC - claiming £744 - £320 offered 2/5/06. No gracias!

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If I were you I would send your letter recorded delivery, or if you hand deliver have the person accepting the letter from you sign a receipt for it.

 

Good luck with your claim.

 

Switch

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Thanks Switch, yeah I wouldn't leave without a receipt. if they get funny, the post office is just round the corner.:cool:

Barclays - claiming £1082 - prem letter sent 3/5/06.

HSBC - claiming £744 - £320 offered 2/5/06. No gracias!

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Just dropped the letter off at my local branch. I asked for a receipt and the BM said "well you can see me accepting from you so no need for a receipt". What????!!! - Nevertheless I asked for one and got it signed and dated. The clock is ticking...;)

Barclays - claiming £1082 - prem letter sent 3/5/06.

HSBC - claiming £744 - £320 offered 2/5/06. No gracias!

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Yeah - right. And I bet if you hadn't got the receipt that letter would have been lost - or never delivered.

 

Ha, banks - you gotta love the way they try it on.

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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Add me as your friend on FaceBook - I need all the friends I can get :-(

 

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Hi,

 

This is unusual. I hand delivered the letter 24th. Today I received a call from HSBC with a chap telling me I'm slightly overdrawn and if there's anything they could do?!!! He also said it's unusual for me?!!!!!! i told him it's not unusual and that I'm putting some money in the account today or tomorrow. How bizzzzzzarrre cause i have been overdrawn for the last 4 years and they only called once before. Could it be the letter or is it just a coincidence??

Barclays - claiming £1082 - prem letter sent 3/5/06.

HSBC - claiming £744 - £320 offered 2/5/06. No gracias!

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NOTHING is coincidence when it comes to banks or governements in my experience.

 

Take today's news about John Prescott - smokescreen for something they don't want us to know about.

 

I mean, let's be honest. Him having an affair is about as likely as a bank admitting the charges are penalties.

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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Add me as your friend on FaceBook - I need all the friends I can get :-(

 

http://www.facebook.com/profile.php?id=577405151

 

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I had a response from Mr. Beaumont dated 2/5/06 to my prem letter handed over at branch on 24/4/06.

 

My claim is for £744. Offer is for £320. Letter is similar to many other claimant colleagues. It states that charges are clearly set out in the Personal Banking terms & conditions and if I proceeded to court they would successfully resist any legal challenge in relation to these charges. Carries on to state that HSBC are mindful of management time and irrecoverable legal costs it may incurr and for those commercial reasons alone, and without any admission to liability whatsoever, HSBC are prepared to make a payment in the sum of £320 in final settlement. If not happy complain to the Financial Ombudsman Service.

 

The trillion dollar question. Do I go for the full amount or do I take less than 50% and shut up?! :confused:

 

 

Barclays - claiming £1082 - prem letter sent today.

HSBC - claiming £744 - £320 offered

Barclays - claiming £1082 - prem letter sent 3/5/06.

HSBC - claiming £744 - £320 offered 2/5/06. No gracias!

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Guest Lueeze

Its your decision, but claiming all the charges back was why you came here...

 

What have you got to loose?

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Guest Lueeze

Please stay on 1 thread, we have so many users starting new posts that the forum will become a mess soon enough!

 

Thanks

 

Louise

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Yes no probs.

 

Similar letter to Overdrawn's being sent to Mr Beaumont today. It's all or nada! wish me luck !

Barclays - claiming £1082 - prem letter sent 3/5/06.

HSBC - claiming £744 - £320 offered 2/5/06. No gracias!

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Still haven't had a reply to my letter dated 2/5/06 rejecting an offer and asking for all of it back. I was hoping for a quick reply that Overdrawn received but am just getting nervous now. No more nails to bite on.

Barclays - claiming £1082 - prem letter sent 3/5/06.

HSBC - claiming £744 - £320 offered 2/5/06. No gracias!

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:confused: Hello again, I just needed some advice. Just checked on my online account and noticed that I've been charged £25 overdraft and £7 interest since my last claim. On the 28th of this month I will be charged £100 !!! Ruthless sh**s! My question is whether I can still claim for these back even though my claim is in progress i.e. I have already been offered half of what I claimed and refused it.

 

Do I write another letter saying that I'm adding the above figures to my original claim while they're in their decision process or do I wait for their reply to my ongoing claim and once it's concluded I then claim for the above??

 

Any feedback would be appreciated. Thanks.:confused:

Barclays - claiming £1082 - prem letter sent 3/5/06.

HSBC - claiming £744 - £320 offered 2/5/06. No gracias!

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No not yet, still waiting for reply to my refusal to accept £320. I want the full £744 as calculated on 24/4/06. Since then, more charges have been incurred. They have until 16/4/06 before small claims. But what if they offer the full £744 as I indicated in my prem letter, can I still get the charges I was incurred from 24/6/06 onwards?

Barclays - claiming £1082 - prem letter sent 3/5/06.

HSBC - claiming £744 - £320 offered 2/5/06. No gracias!

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Guest Lueeze

If they offer the full amount, write to them saying you will only accept the increased rate of xxxx to cover your other charges.

 

Unfortunatly you may be reclaiming charges for the rest of your days! lol

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That's it for me. HSBC did not reply to my letter dated 2/5/06. It's been 14 days. Do I just file for court straight away as promised in my letter which was sent recorded delivery?

Barclays - claiming £1082 - prem letter sent 3/5/06.

HSBC - claiming £744 - £320 offered 2/5/06. No gracias!

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Guest Lueeze

yeah you may as well, I doubt that letter was ever coming to offer the lot!

 

Read the court action stuff first to familiarise yourself

 

Lou x

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  • 2 weeks later...

Hi, please c below. I am trying to shorten this but don't know how. I am doing the online claim but can't manage under 1084 characters.

 

Can u please have a quick look and tell me what the most important bits I can keep?

 

Cheers

 

 

1. The Claimant has an account with the Defendant which was opened on or around August 2002.

2. The Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied.

3. The Claimant wants a refund of money taken by the defendant in the way of charges over the last 4 years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

4. The Claimant has repeatedly tried to solve this issue by means of correspondence.

5. I believe that the contents of these particulars of claim are true.

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from {date when the money became owed to you} to {the date you are issuing the claim} of £ {put the amount} and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest}.

Barclays - claiming £1082 - prem letter sent 3/5/06.

HSBC - claiming £744 - £320 offered 2/5/06. No gracias!

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i think there is a template in the library regarding this

HSBC- £4995, settled payment in full

if you found this post helpful, please click the scales (top right of post), ta ;)

 

if you're not sure what to do?, Read the FAQ's

Unsure about what to claim, or confused about overdraft interest? Charges explanation

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:D I received a letter from Mr A Pretty today. Offering me £815 out of the £915 claimed. Just not to confuse those who have followed this thread, my claim actually increased between the prem letter and the letter before action due to some charges in my account hence the change from £744.53 to £915.28. In any case I am much happier with this offer and I guess I'll accept it to give my account a breather!!! It is much needed. I also walked into my branch two days ago and had a £100 charge reversed. Courtesy of the manager so I guess that's what makes me turn a blind eye to the £100 that A Pretty is not including.

 

One question though - If I sign and accept the proposal does it mean I will never be able to claim back unlawful charges from HSBC in the future??

 

Finally to you All and this wonderful site I can't thank you enough. A donation will be on its way.

 

Lookout for my Barclays thread.

Barclays - claiming £1082 - prem letter sent 3/5/06.

HSBC - claiming £744 - £320 offered 2/5/06. No gracias!

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