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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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sally v Halifax 2 ***SETTLED IN FULL***


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  • 2 weeks later...
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Ahhhh bless. Received 2 letters from Halifax, the 1st saying cheque bounced send new payment, 2nd telling me they will be sending me copies of current account statements. Left hand/right hand.............. as cheque was presented by credit card section. So I should be able to make some progress soon then. Will send replacement cheque near payday next Friday. Does this mean I will have to allow the credit card people a little longer than 40 days because they are waiting for cheque?

 

Have a super Christmas everyone. Wishing everyone a Prosperous New Year on this site is a foregone conclusion:razz:

 

 

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Right back to business. Statements go back to January 2000. Should I claim that far back? I assume Limitation Act section 32 would be invoked. Still can't get my head round the different interest rates so going to use (have already with NatWest) Vampiresses simple spreadsheet without interest but entered 'Interest Debited - notified last month' entries as they have kindly (from my point of view) worked it out already. This added £200+ to my claim which at the moment only goes back 6 years. Claim just over £3000 at the moment. WOW!!!!!!

 

I have just sent prelim letter to Nat West and the thought of coping with 2 court cases at once (this is after all the first time I have done this - is daunting). If I do get brave enough is it okay to go as far as N1 but then wait until I can afford 2nd court costs? I qualify for exemption of court costs as I qualify for WTC but due to overpayments I only received one payment at the start of this current fianncial year and reading a site helpers thread they require proof which is not more than one month old and a bank statement (even if it showed WTC) will not suffice. I remember now it was Cheddar's thread.

 

 

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The post was 'Cheddar V NatWest' if anyone wants a really good read. Thanks for the advice guys, will have to look at how much these few extra months will yield and decide if it is worth it.

 

Does anyone have any info about delaying filling in N1 although looking at Cheddar's thread I think it will not really matter. Once I have one successful claim under my belt funding the others will not be difficult

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Just call me chicken - or prudent depending on your point of view. It would have added £350 onto my claim but I would rather concentrate on getting the almost £4000 they owe me and see if I am canny enough to get the extra months down the line. I expect a lot of us are watching Wilkinson as he was brave enough to take it one stage further. So prelim going off tomorrow with 'Proof of Posting' as usual.

 

 

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Thanks for asking but no nothing yet. I am merely chilling waiting for the postman to bring me something. I wrote to NatWest the end of last year and they have sent me a 'sorry we have not yet been able to respond.....' Well the clock is still clicking. AND FOR THE REST OF THEM BELOW!!!!!

 

Your postings are quiet - I assume you are also waiting. Have you bookmarked this yet?:p What an admirable judge. Pity we can't all go to Newark. Sally

 

 

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What a cracking weekend!!!!!! Offer from NatWest yesterday. (No I didn't accept) data from Barclaycard this morning and then I open another letter - (well blow me to Bermuda again) Halifax have offered me almost £1500 less than I am asking for. They do try to frighten one don't they. Apparently they 'phoned me but I obviously wasn't at home. Anyone new out there learn from this. After I sent my prelim they said they would investigate and get back to me in 4 weeks - after LBA they replied within 2 days. Shame I have to wait till 1 February to file at court but perhaps they will see sense and give me all my money back. Oooohhh flying pigs

 

 

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Spent part of today preparing my N1 ready to deliver on Thursday. Am rather concerned about my daily interest rate however. Does anyone out there agree with my figure of charges + interest totalling £3866.76 = £0.85 per day. Apart from that I am nervous until I actually win.

 

 

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Wow, I must be getting better at this. Once I really feel confident I will be going for compounded contractual interest with other banks etc. Thanks for the reply. Any day now you should hear something yourself:-)

 

 

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Do you mean file by default? There have been quite a few threads showing how the banks bleat on about not having enough time to mount a defence and the courts then give them several weeks to do so. Given the stance that Halifax have taken on one thread refusing to pay up until the acceptance form they have posted out is signed, promising not to claim any further charges, it might be an idea to keep the pressure up until the money is in our bank accounts.

 

It does feel so close but tantalising out of reach dosn't it. Glad to hear you will still be about. Sally

 

 

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  • 2 weeks later...

'Bout time something went right in my life! Unable to file my N1 as my WTC was too old. It cannot be more than 1 month old for the court to take into account. Luckerly there has been a change which I have informed them of, so my new award letter plopped through my letter box. Off to court on Monday to file 2 claims. Then I can file some more in the new financial year. But where are vampiress's spreadsheets? Have they gone never to return? Who turned the light off? Can't get my poor head round the ones that are currently there. HELP :???:

 

 

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No, still here. Fed up though. Car problems which means that I don't have the money to attend this year's Dragon Rally held on Anglesey this year. You don't have to be mad to have a bike/sidecar - but it does help. Never mind, there is always next year and we are going to Melton Mowbray the beginning of March so that will be good.

 

Sorry to read of your problems with the sainted Halifax. WE WILL PREVAIL.

 

Looking at Shrewsbury Folk Festival site for August bank holiday. Wonder how big it is? We always go to Cropredy for Fairport Convention's annual bash. Always a great atmosphere and relatively small. Under 20,000.

 

Roll on Monday anyhow.

 

 

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1st claim now filed here in Birmingham. Will take 5-10 days for it to be deemed to be served.

 

Have literally just had a call from some 'nice' lady from Halifax offering me £3200 (at the start of the conversation she offered £2800). We bandied the OFT between us and they fact that they are unwilling to refund my interest charges and she is of the opinion that the Halifax are offering me more than I will get in the long run. What will they think when I claim compound contractual next time? Didn't have the heart to tell her I have been to court today. Took the line that I wasn't willing to commit over the phone and she is putting her offer in the post. Are they getting rattled now or what? If they had rung me a few days ago would I have accepted. Probably not, but my heart is pounding a touch as to whether I have been too cocky. THEY DO THIS DELIBERATELY DON'T THEY.

 

Anyway people I earn too much to qualify for exemption (cut off figure is £15,050) so I have applied for remission instead. As I am with the CCCS I included my plan along with one months bank statement and WTC/CTC award letter (which cannot be more than 1 month old). The court clerk told me this is looked at after my claim is filed when the decision is made as to what - if anything - I need to pay. Can someone clever out there tell me if this is automatically added on to my claim?

 

Oh be still my beating heart................

 

 

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I feel quite angry now. When I wanted the Halifax to be reasonable and take charges out of my account 2 weeks down the line (in the past) so I had money to buy food the answer was 'no'. Now this woman was saying they could not agree to reimbursing my interest charges - all of £40 and was offering me almost £700 less than I asked for. If I'm supposed to be grateful I don't think so. At least she didn't tell me I should have managed my account better. Oooohh, calm down dear. Don't get mad............ get even!

 

 

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Lovely to hear from you again. You are spot on of course. This is what we are all here for. Mutual Admiration Society Of The Former Downtrodden Masses. POWER TO THE PEOPLE:razz: You just get this little niggle that they know something you don't. Particularly as those of us who were going after mortgage early redemption charges have been advised to put these temporarily on a back burner.

 

Hope you hear something soon about your 2nd claim. When are you due to go to Florida? People that have been say it is wonderful.

 

When vampiress's spreadsheets are back on line I will be going after my visa account.

 

 

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We are off to the Forest of Dean after Cropredy folk festival in August. Because I used to be a civil servant I joined CSMA which is the leisure organisation of the civil service. We have a free fully equiped gym, heated indoor swimming pool, sauna, jacuzzi, steam room, evening entertainment all included in the price. The pitches are enormous and sweeping panoramic views right in the forest.

 

Playing with dolphins though. That sounds awesome. I'm sure Halifax will be pleased to fund this 2nd holiday of a lifetime.

 

Which Disneyland are you going to? France or America?

 

The metal detector didn't like me either. Yes I think I am ready for them especially as I refused to be bullied no matter how nicely she phrased her offer. This will probably sound silly but she was only doing her job and if Halifax higher management are similar to my company this woman and everyone else who is ordered to call us will possibly be told off for each customer they don't manage to persuade. Failure to meet targets can be a dreadful whip. I'm glad now I wasn't rude to her as I do deal with members of the public myself. Treat others the way you would like to be treated yourself is not a bad philosophy IMHO. They don't manage money well do they? My claim has now gone up by approx £300 with the 8%.

 

 

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Just letter confirming the £3200 I was offered over the 'phone last Monday. I note some people claiming less than us are being settled. No rhyme nor reason to it is there.

 

By the by have you seen the offer on Martin Lewis's moneysaver about free cinema tickets? I've signed up for that. One file previewed on Valentine's Day evening, people were being given glasses of real champagne and boxes of chocolates to take home. Wow.

 

Hope you hear something next week.

 

 

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