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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
      • 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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Clare vs HSBC for £4,900- ** WON **


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Hi there!

 

Ive been reading the boards for a few weeks now and they are fantastic!! So I thought id start my own thread!

 

So, as advised from another site I was told to sent the first letter asking for the charges to be refunded and give them 14 days then to skip the LBA which I have done.

 

I filed the MCOL on the 20th and have a letter saying it has been acknowledge and they intend to defend.

 

My question is I have been advised to fax over the breakdown of charges to DG before being requested to TRY and speed things up abit. What do you think? I have it all ready here to go.

 

We are gonna be struggling to afford xmas this year and I will do anything possible to speed things up. So any ideas would be most appreciated!

 

Also am I jumping the gun here by assuming were gonna win? :|

[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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Guest Mumofthreeboys

Did you send a copy of the spreadsheet when you filed? Yes, send a copy to DG. As regards your last point, of course you're not jumping the gun - you are going to win.

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I hope your right... I keep thinking that we will but I have doubts!

 

I sent a copy to hsbc when i asked for the refund so ill just fax over a copy to DG! Thanks x

 

Any ideas how long this will take? Untill I get the full offer?

[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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Guest Mumofthreeboys

I am right, trust me.

 

I think HSBC tend to pay up around AQ time, but who can tell. Try not to worry about it though.

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this sending the schedule of charges as soon as you receive the acknowledgment has speeded up payment by about 2 weeks in some cases. send it to the person listed on the acknowledgment as the person from dg dealing with your claim. i think you are probably in a good position to have your money before xmas. you may receive a lower offer within a week of sending your schedule to dg, my advice, don't be tempted, if you get a lower offer - you are just one week and one letter from the full offer. good luck, nearly there!

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Okay thank you, ill get them faxed over tomorow!

 

I know it will be tempting to accept if I get a lower offer but Ive told myself I wont! What happens if you say you'll accept it as part payment? Do they give you the money straight away or do they just wait and give you the full amount in one go at a later date?

[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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if you accept any offer as a partial any way along in the process - that offer seems to just sort of vanish into the ether - they don't speak of it again. but never fear, if it happens - you accept it as a partial like the template letter suggests (this is for a good reason, if (and that is a big IF) it went to court, you are showing good faith in responding to them - not just ignoring their offer, you are listening (to the listening bank), but rejecting it as you are sure of your standing. which is funny as their letters with offers state that THEY are sure if it went to court they would win (but we ask ourselved, OH, REALLY? why would they offer anything if they were so sure they would win in court - they aren't sure, in fact they are probably sure they would not win, so they offer a bit. you reject and in a couple of days it is all done up in a bow. keep the faith, claire!

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Guest Mumofthreeboys

It is entirely up to you if you accept a partial settlement should they offer you one.

 

You need to read around a bit more, but trust me when I say, you will get them all back.

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Thanks for the info lateralus!! Sounds convincing!!

 

Mumofthreeboys, I have read around loads on this before starting it and during the process and I made a decision and a pact with my hubby that we would not be accepting anything thats lower than what we are owed! But we'll cross that bridge when we come to it, if its £200 short you never know!! Thanks for your help!

 

Any ideas what I should write on the letter for DG that will be attached to the list of charges? Wont they wonder how I know that they need these? (the breakdown of charges)

 

Thanks for your help people!! xxx

[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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no, they won't wonder, many have done this before you. they know you have filed, thus their acknowledgment, as for a template:

 

Dear DG

Please find attached a copy of my schedule of charges relating to claim no. XXXXXXX.

 

that ought to do it. address it to the person from dg who has acknowledged your claim and filed the intention to defend, it will be in the paperwork.

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Thank you, am in the process of trying to email everything to my hubby at work so he can then fax it over! So hopefully will get done today!!

 

Thanks!

[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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Yes, do you want it or were you going to give it to me?!

 

If you want it am i allowed to post it here?

[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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Hi Ladies,

 

DG contact info has already been posted elsewher in here - so can't see a problem:-

 

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

 

Tel: 0121 455 2111

Fax: 0121 455 2150

 

I guess the numbers are likely to be permantly engaged at the moment :D

 

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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Okay, just to quickly update, the breakdown of charges were faxed today at 4pm! The claim was filed on Monday the 20th acknowledged on the 23rd (last Thursday) any guesses how long it could be now?

 

I am sooo impatient!!!

[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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That would be wishful thinking on my part!! I hope your right, I really really do!! Thanks Bong!!

[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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Hi all, hope someone can answer this... as I proceed with this claim it seems more and more unbelievable that I'm going to get this money back. The reason being is that I believe its our own fault for getting these charges... can someone please help, heres the situation!

 

Over the past 6 years we have struggled with money. We were teenage parents with a mortgage, both working in OK paid jobs but with the mortgage and bills money was still tight. Also to add to that got into trouble many times with credit cards but that was all sorted once and for all this January.... Anyway, we have a £500 agreed o/d limit most months we were between 700 and 900 o/d sometimes we'd get up to £1000, and the direct debits and cheques started to bounce, charges applied.... you all know how it goes!!

 

So surely this is our own fault as we didn't manage our account well. Does this mean they were allowed to charges us these ridiculous fees? has anyone else experienced this and got their money back? The majority of the charges were for being over our agreed od limit.

[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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best thread i've read about this is Dave's introduction to the site:

i'll see if i can find the link About Us (A word from the founders)

that's it. yes, you are guilty of not being perfect - like all of us. but not anything like the guilt of those who take advantage of others at the worst possible moment. (that's not libellous is it mods?!!!!!!!!!)

anyone reading your thread claire is thinking - been there - they took my t-shirt. keep the faith!

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Clare you will get your money back. The charges are unlawful. You have paid the bank for the use of their money in the way of overdraft interest. The banks know the charges are unlawful, that is why they are avoiding going to court with anyone. Just because you didn't manage your finances well doesn't mean you deserve to be punished with fines. These are not charges for services.

 

I hope this puts your mind at rest.

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Yes it does thank you, I guess I just cant help thinking that we should have been and were punished for the way we handled our account!

 

Thanks for the link also, ill check that out now!!

[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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Fantastic link! Thank you!

[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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Clare,

As I understand, when you had insufficient funds to pay cheques etc... or went over your o/d limit, you contravened their terms and conditions. Under these T&C's they are allowed to charge you, but ONLY what it has cost them.

We all know it doesn't cost £39.00 to send a letter etc.. The banks will not disclose their costs at any stage and so cannot prove that the charges are fair. SOOOOO....... we claim them back.

Hope this helps

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Yes it helps, thanks. The majority of the fees were for going well over our agreed overdraft limit as I said before. For the past 2 years weve been incurring £125's worth of charges each month.... so does it work for the overdraft to? So they should only charge us what it costs them? Which is?!? We rarely get letters apart from the letter that comes with the statements stating the charges incurred that particular month?

[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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