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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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Roosterrs V HSBC ***WON***


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KERRCHINGGGGGGG!!!!!!

 

Offer letter from DG this morning. They have knocked off 1 charge plus the interest (of the charge). Still a tidy sum though and definately worth the wait.

I think I am going to accept their offer.

 

Their AQ is due in tommorrow.

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have they specifically included the aq filing fee - if not, i'd be inclined to send that letter vicmar used to squeeze that out of them. it's in her thread in the success threads - tell me if you can't find it and want it.

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Do I cross out the "I agree to keep the fact of my claim and HSBC's ex gratia payment strictly confidential" on the letter before I send it back? Should I send a covering letter with this?? (Similar to Nettyg post #499)

So tommorrow I ring the court and say I have had an offer and am accepting it. They will ask me to put this in writing I assume. I should only cancel the claim completely when the money is in the bank, yes??

My offer included everything except the first charge which came to about £40.

Thanks again to everyone that has given their advice over the past 4 months. Its been invaluable.

A bit of advice for anyone thinking of asking for the bank charges, read the FAQ's, take your time, double check everything before you send it and if you do not know then ask someone who does. It will save some pain later on.

I will fill in the survey and make a donation soon.

 

Thanks again everybody. You know who you are!!

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yes, just cross it off - except if they say about not filing a claim against them again ever - in which case i'd send my own acceptance letter. yes, that's the one - on nettys 499! and ask for £40 to sign the confidentiality clause - it's just a sarcastic little dig. def. send that one!

 

i'd ring courts - tell them you have accepted an offer and are waiting for the money - yes, they will probably ask for it in writing.

so then write the court and say the same and ask that the claim be stayed for a week and you will write to them again when the money arrives and advise them of your resolution.

 

i'm so pleased for you roos!

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No it just says that I agree not to make any other claims relating to these charges between the dates I have claimed for. Still they have been charging us still during this claim so maybe I should start again.....

 

Letter in the post tommorrow as always recorded delivery.

 

Have all the dirty dozen had offers??

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Rang the courts today about the claim. They have logged the phone call, but she said do not write to them yet. I think this is because I didn't want to cancel the claim until I had received the money.

She said write to them when you have received the money.

Does that sound about right as their AQ is due in today.

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Well done Roosterrs.

 

Just thought I'd let everyone know the contact emails (that get there) when dealing with DG when HSBC defending/AQ stage.

 

[email protected]

[email protected]

[email protected]

[email protected]

 

[email protected] and [email protected] both bounce back for me.

 

this is the stage i am at with my claim (£2800+, previously rejected £1300). my wife settled at £900 of an £1100 claim (i let her off because she is pregnant!).

 

Good luck everyone!

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