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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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LoveTheDam v HSBC- **WON**


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Yay!! (Ive lost what stage you are at, remind me!!)

 

x

[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 Love'

 

I wa 'excited' but on the last day at 3:55 Dg submitted their defence so now I'm pretty P'd off - I know it's just a delay tactic . . but it certainly adds to the apprehension of the wait !!

 

If you've posted your schedule non recorded, just send again again, or fax !!

 

I phoned the lovelt Debs today and got her voice mail, left a message, they have not even acknowledged - how rude !!

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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  • 2 weeks later...

well, i think its now the 28th day as my claim was acknowledged on the 1st december.

i checked on moneyclaim.gov.uk and it is still the same status: acknowledged.

 

is there anything else i need to do or just keep waiting??

 

ps

i hope everyone on here is having a great christmas and best wishes for the new year to all

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think it might be tomorrow as it was ackn. on the 1st, so next day would be 1, etc.

anyway, if i were you, i'd try to quietly press the judgment button just after midnight tonight - or tomorrow. if they haven't filed a defense - you may get to press the button and start the proceedings against them - but as steve said above - they tend to file their defense at the last possible second. just press and see what happens. the holidays may have slowed everyone up a bit, but you are nearly there - let us know if you got through on the button - if they do defend at the last minute - it will say something like - you can no longer continue with your claim through mcol - just means it's moving on the the next stage. regardless of what it says - don't stress out over it - they are just following their normal program.

let us know......

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well well well. In the last couple of hours they have filed a defence.

On Mcol it says the following:

You are unable to take any further action online on this claim.

 

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly.

 

What will the next step be now ?

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don't they always, nothing new there then.

you'll get paperwork stating a)move to local court, b) their defense and c) your aq. check the aq deadline as that is the next all important date to keep fixed in your schedule. you never spoke to debs again after the 15th did you - i'd call dg tomorrow - asking if they received your breakdown and tell them you will have to file your aq soon if you haven't heard anything from them (in truth, don't file it until the deadline is almost upon you - wait and see what you hear from dg - with that little push of a phone call) just before the xmas break - several got offers almost in the same post with the aq stuff so, fingers crossed that yours is on its way.

if you choose not to call them - then nothing else to do but sit tight for a few days. nearly there! don't give in to the nerves now - just keep reading all those threads of people who were in exactly your position last week (babs, steve n, claire and loads more).

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ok , ive now recieved my AQ and have almost filled it in (apart from section g- still a bit unsure on that one- can anyone confirm ?)

 

Also, i rang Debbie again at dg sols and she sounded a bit unhappy:

 

Me: Hi, my name is ********, im ringing regarding claim number ******** and im checking if you have recievced the schedule of charges i have sent to you relating to this claim.

 

Debbie: Well, im sorry mr ******* but its not spomething im dealing with.

Can i take your number and get someone to call you back?

 

ME: Yes, thats fine

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sorry, only had a chance to respond now...

 

i asked if they had recieved the breakdown and they said 'can you fax it anyway?

i agreed and they called back to confirm receipt.

I take it that they are inundated with claims at the mo and probably cant control all the paperwork from CSG readers!

 

the woman i spoke to Julie said something about checking my details then getting back to me once they had worked out an offer...

i should have pushed her on this and asked to be more specific but i just said ok.

Then when they called me back they said they are assessing my details and would be in touch with a letter.

 

Nothing from the postie so far

 

fingers crossed for tommorow

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blimey i've over spent a bit over christmas (and because im anticipating nearly 2grand!) and ive got only £30 quid to last me for the next 7-10 days

 

lets hope the post brings good news tomorrow

 

or

 

maybe i should call HSBC and ask if they could expent my overdraft until i get the settlement from them !!!!!

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I SLAYED THE HSBC DRAGON:

 

Letter arrived this morning from DG Sols making me a full offer!!!

 

Many thanks to everyone on this great forum who helped and advised me over the last few months, I really appreciate it.

 

 

One last question:

 

The letter says at the bottom 'please return the enclosed letter and we will arrange for a refund to be made to you'

 

Does anyone know if this is likely to be a cheque or paid straight into my account and also how long it is likely to be from now ?

 

oh and also, do i have to agree to the confidentialaty bit ?

 

Thanks again to y'all

 

xxxxxx

 

Love the dam

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great stuff, congratulations.

you can cross off the confidentiality stuff.

they normally pay into the account if you haven't asked for a cheque - you could still in your acceptance ask for a cheque but it could make it a couple of days longer - i think they normally say 7 days from receiving you acceptance. figure a little longer for a cheque.

again, well done!!!! another one bites the dust!

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I think they pay direct into your account unless otherwise stated!

It took 2 weeks for my money to come through, because of xmas and the new year. I spoke to a very nice bloke at DG who said they are usually very quick and it usually only takes a few working days!

 

Oh yeah.... CONGRATULATIONS!!!!!!!!!!!! :D :D :D

[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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look again - that seems to far away - it will be on the paperwork from the court with their defense, your aq and change to local court -

hopefully, you'll get your money before it is due - but we need to keep the date in mind - just check again.

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