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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 
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    • 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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Roosterrs V HSBC ***WON***


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yes sorry missed that, just put [date] to [date] of £ and [date] to [date] of £ respectively, and for the daily rates put xxp and xxp respectively.

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Thanks for that. A couple of final questions before I send it off.

 

1: Do i have to put a covering letter in with the 3x N1'S & 3x schedule of charges.

2: Who do I address it to at Northampton County Court? The Court Manager?

3: On the N1 form in the Particulars of claim section, there are 2 bracketed sections. (attached)(to follow), should one of these be deleted out?

4: Who should the cheque be made out to? Northampton County Court?

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Thanks for that. A couple of final questions before I send it off.

 

1: Do i have to put a covering letter in with the 3x N1'S & 3x schedule of charges. No but staple a schedule to each N1.

2: Who do I address it to at Northampton County Court? The Court Manager? Yes

3: On the N1 form in the Particulars of claim section, there are 2 bracketed sections. (attached)(to follow), should one of these be deleted out? delete 'to follow'

4: Who should the cheque be made out to? Northampton County Court? No - HMCS

 

HTH! good luck

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Just sent my N1 claims forms and schedules to the court. One slight panic, I have noticed the following address on another thread

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

but I have sent them to:

 

The Court Manager

Northampton County Court

85/87 Lady's Lane

Northampton

Northamptonshire

NN1 3HQ

England

 

Is the first address for MCOL only?

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I made the cheque out to HMCS. I am now waiting for the notice of issue to be sent back to me with the case number. Do I have to ask the court to serve the claim or will they do this automatically?

I am now waiting for HSBC to either pay-up or put in a defense. If they put in a defense I will be sent an allocation questionnaire to fill in which I have to complete within 14 days of receipt. The case then gets allocated and I am then sent an N157 form with a court date and time.

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Got a letter from the bank today offering £1646 in respect of total claim of £1870.50 regarding joint account(no letter about current account yet). Pretty standard letter stating they would win if they went to court but mindful of the management time and irrecoverable costs they are prepared to pay the above amount. Valid for 7 days etc etc.

I have already started court action so I have incurred some more costs.

It says without prejuice at the top of the letter, so does that mean I cannot produce this letter in court?

Anyway, I now want to write the refusal of offer letter, where abouts is this?

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Got a letter from the bank today offering £1646 in respect of total claim of £1870.50 regarding joint account(no letter about current account yet). Pretty standard letter stating they would win if they went to court but mindful of the management time and irrecoverable costs they are prepared to pay the above amount. Valid for 7 days etc etc.

I have already started court action so I have incurred some more costs.

It says without prejuice at the top of the letter, so does that mean I cannot produce this letter in court?

Anyway, I now want to write the refusal of offer letter, where abouts is this?

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As i have now started court action which was served on the 20th January, do I need to respond to my offer letter from Colin Langdale dated 23rd January? They offered just short of what I was asking for(£1656 agains £1870), but I have now incurred £120 court costs.

Also claiming for my current account on the same court action but haven't heard a thing about that even though the letters were sent at the same time.

If I do need to reply, any ideas what to write as the response to settlement letter doesn't really fit that well.

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just use the template for refusing an offer and tweak it to say, thank you for your offer, but as i had heard nothing from you within the alloted time, i have now begun a claim against hsbc through the court system and as i have added interest and court costs to my claim it will now require xxxx.xx to halt this action.

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Does this sound OK. I don't think I can put "as you did not respond to my letters" as they responded on the 3rd January with a "we'll get back to you on the 27th January with a full response". My Prelim was delivered on the 2nd December and LBA was delivered 18th December. Court papers were issued on the 20th January. I have written separate prelim and LBA letters for both accounts, but have made one court claim for both accounts. I still haven't had a response regarding my current account.

HSBC PLC

Address

Addess

Postcode

Account no.:XXXXXXXX

Account no.:XXXXXXXX

Dear sir

Thank you for your letter dated 23/01/2007 with an offer of £XXXX as settlement with respect to the charges applied to account XXXXXXXX up to the XXX December 2006.

My letter before action sent previously indicated that you had 14 days to respond before Court action commenced.I have now begun a claim for the refund of charges applied against both of my accounts held with HSBC through the court system and as I have added interest and court costs this will now require £XXXX.XX (Account no. XXXXXXXX=£XXXX.XX, account no. XXXXXXXX=£XXX.XX and court costs at £120) to halt this action.

Therefore I respectfully decline your offer of settlement. I will accept the sum offered on account no. XXXXXXXX only as part settlement and on the clear understanding that I am now pursuing the recovery of the remainder with a County Court claim.

I trust this clarifies my position.

Yours faithfully

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Today I had the Acknowledgement of service letter from the court stating that HSBC is defending all of the claim with DG's address at the bottom.

They have 28 days to file a defense and I think as the court papers were served on the 20th January, 28 days is the 16th February.

So now I am waiting for an Allocation Questionnaire to come through the post to fill in. Is that correct?

 

Is there anything I can do to hurry them up?

 

Still no response from HSBC regarding the current account even though they said I would have a full response by the 29th January.

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My Aq is due back on 6th febuary.

 

You might not get any reply from HSBC

I had the standard 'investigating into your claim will let you know when we have looked into it' letter dated 29/12/2006 and am still waiting for this reply (I dont expect a reply at this stage)

 

The offers at the moment seem to be coming out a day or two before the AQ deadline or just after. Fingers crossed I will get one before the end of next week, just before i have to pay another £100 for the AQ.

 

Good luck with your claim

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hi roosterrs, our claims were served on the same day so i'll watch your thread with interest (excuse the pun). i wish they'd hurry up with the aq too!

i'm feeling that the sooner this is over with the better - getting twitchy!! lol

good luck with it

netty

If i've been helpful in any way....then tip my scales over there!

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you won't get the aq stuff until they actuallly file their defense - at the very end of the 28 days - they are in no hurry to file until it is required.

now is the time to send 1 copy of your breakdown to dg with a reference to your claim number. then you wait.

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How does this sound regarding the covering letter for my charges summary sent to DG.

I will send this letter if OK and a copy of my charges summary to DG recorded delivery. Wait until its delivered and then give them a ring. Yes?

My Address

My Address etc

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

Claim Number: XXXXXXXX

Dear sir

I have been informed that the Acknowledgement of service has been filed by yourselves regarding the above claim against HSBC PLC.

Please find attached the breakdown of bank charges applied to my HSBC bank accounts with the following account numbers, XXXXXX XXXXXXXX & XXXXXX XXXXXXXX, which total £XXXX.XX including interest and court costs.

I look forward to confirmation that this has been actioned.

Yours faithfully

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