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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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Walker Vs Halifax WE WON!!! WE WON!!!


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Hi Kath,

I completed the form on Line. I used the templates and made the fit. The only problem that I had was working out the daily rate. I rang the on line help line and they were great and helped me.

 

 

Good luck

 

Paul

 

PS I am now waiting 28 days. I they do not pay up I will have to dig my suite out.

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5 threads merged - please stick to one for your claim.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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When I hopefully get this settled and they pay up. Can I go straight to LBA etc for the rest that they owe me or I'm I starting right at the beginning again?

I have lost the will to live at the moment..... what do I do?

Sorry trying to get this right so I dont mess up.

Cathy :)

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Guest bluecloud

There's no need for any of the letters.

 

Just file another claim at court. You can use exactly the same details as before. Just update the schedule of charges for the new period you are claiming for and adjust the figures on the claim accordingly.

 

 

.

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They wouldn't for me and I had to start again for the new charges.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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Please can someone Answer a question for me? :confused:

If I use a friend's address in London to serve the court papers, what will that person be expected to do? Is it just using their adddress and nothing else, or will they be more involved in the process and know all my buisness?

I'm just looking at every option before I decide what to do and ask a favour of a friend!!! Certainly the "going for the whole amount" is very appealing instead of spliting it.

Thanks Cathy.

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Please can someone Answer a question for me? :confused:

If I use a friend's address in London to serve the court papers, what will that person be expected to do? Is it just using their adddress and nothing else, or will they be more involved in the process and know all my buisness?

I'm just looking at every option before I decide what to do and ask a favour of a friend!!! Certainly the "going for the whole amount" is very appealing instead of spliting it.

Thanks Cathy.

 

They will know your business if they open your mail. Please stick to one thread for this claim.

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Ok on my court paper, there's a section which says

"Please describe in simple terms details of your claim:- also include the date the debt arose and if interest is claimed, the amount rate and period covered."

I apologise for the stupidity but does this mean....

for details of my claim... do I write unlawful bank charges

The date the debt arose... when they started the unfair charges.

Interest claimed... 8% and date from start of charges to last day of my claim.

This may simple to you but I am struggling here.

PLEASE CAN SOMEONE HELP ME.

I'm hoping to send court papers away tomorrow first thing.

THANKS CATHY. :)

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Cathy,

AIl went on to the MoneyClaims web site and cut and copied the the N1 letter from the Library. I then cos I am no account could not work out the interest on a daily basis so I rang them and a lovely lady worked out that it is 29 pence a day.

Any problems with the form ring the help line.

 

 

Good Luck

Halifax has just paid me in full :grin: :grin:

 

Paul

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  • 2 weeks later...

:mad: :mad: :mad: I am absolutely furious. I have just received an e mail from someone telling me that he has opened a letter today from the courts. Not only with his information but also MINE. :mad: :mad: :mad:

So now this guy now knows ALL MY BANK DETAILS, HOME DETAILS, AND HOW MUCH I'M CLAIMING FOR, EVERYTHING,(NOT HIS FAULT I KNOW). I can't believe that the courts could be sooooo stupid and dare I even say incompetent!!!! Nothing I can do now but phone first thing in the morning and give them what for!!!!!! This is just typical....does anything in life ever go smoothly?

( Now I've got that off my chest I'm calm now....I THINK!!!)

WATCH THIS SPACE.

CATHY.

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Yeah I know I still can't believe it happened to me. :shock: :shock: :shock: BUT ANYWAY......phoned this morning and not only could they not believe it happened but they had no knowledge of receiving my forms back ( doesn't this just give you sooo much faith in the court system!!!!) They couldn't apologise enough "This has never happened before" bla bla bla.

Then I had to phone the bank and explain to them what had happened( the very bank I'm claiming against, HOW NICE WAS THAT FOR ME, TALK ABOUT EMBARRASING!!!!!) Might even have to cancel everything and reopen a new account,just for them to maybe close it for me anyway after all this is over!!!!! Then I have to put this all in writing and send it back to the courts where an investigation will be carried out.

Can I sue the court along with Halifax!!!???:p

Will keep you posted

Cathy.

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  • 3 weeks later...

Hi there one and all. Havn't been on in a while cause there's nothing really to say. Here's the update....... Wrote a letter of complaint to the courts about them giving ALL MY PERSONAL DETAILS TO A TOTAL STRANGER!!!! ( Still really pist about that one!!) So a letter later they apologised for the clerical error with sincere apologises and assured me they would work on my case. That was back on the 23rd November 06. So got fed up waiting and phoned again yesterday and low and behold they were just sending out the papers that evening (what a coincidence!!!) and if I hadn't received them by Saturday morning to phone first thing on Monday( it is now Friday and still nothing!!) And that Ladies and Gentlemen is where I am at at this moment of time.

Will keep you posted.

Still fighting and will do until I get every penny that is owed to me.

Hang in there anyone who is flagging, if I can keep going so can anyone. I should know I started this fight back in August and still staying possitive(I think!!!).

Cathy.;)

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  • 2 weeks later...

I cant believe it we won our battle. There were no letters or communication after I sent out court forms. I just happened to be checking my account on line, and there it was in all it's glory, ALL MY MONEY BACK IN MY ACCOUNT. I still can't believe it. :-D :-D :-D :-D

THANK YOU FOR ALL YOUR HELP ON GETTING ME THERE..... NOW I'M READY FOR ROUND 2!!!!!!

Will be making a donation when it's all completed.

I am so HAPPY, best news I've had in a long time!!!!

Cathy.

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Great stuff Cathy, which bank were you claiming against?

 

Don't forget to fill in the survey.

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for Court Bundle

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WON 121o121 'vs' LloydsTSB

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WON 121o121 'vs' Halifax C C

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here

WON 121o121 'vs' LloydsTSB (again)

here

 

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Hi. I was claiming against the Halifax in Belfast. Think I will claim for the rest of my account now. You see in Northern Ireland the maxium you can claim for is £2,000 where as in England it's £5,000. So will fill in forms when all is completed unless you want me to do it now? Cant believe I DID IT!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

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Nice one Cathy congratulations you have just boosted my moral I too am from NI and your post is the 1st I've read that has won from here I recieved my court papers dated the 12th Dec does that mean they were served to them on the 12th? have a good no great christmas

 

Gill

01/09/2006 Data Protection Act sent

04/09/2006 Data Protection Act recieved by Halifax

28/09/2006 Called Halifax to see if they have done anything about Data Protection Act letter

17/10/2006 Non Compliance LBA sent

23/10/2006 Phone call made

24/10/2006 statements arrived

24/10/2006 prelim letter sent asking for return of £1455.87

08/11/2006 LBA sent ;) court next :p

14/11/2006 good will gesture made offered £513 now claiming £1639.95 :D

15/12/2006 Court claim number Halifax must respond by 23/01/2007

 

05/01/2007 PAID IN FULL WOOHOO

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