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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
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    • 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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Lisaf V Hsbc***Won***


lisaf
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lisa, as for the managed loan - my son (whose claim it was in the first place) is considering what to do. i'm still weighing it all up and while there is lots of talk (see:

Who has had Managed Loans? (multipage.gif1 2 3 4 5 ... Last Page) )

i don't really see much action.

i asked bong about it ages ago and here is our exchange - click on the husband thread and read it - it's the only one i know for sure to have got it back.

go to this link and start with post number 100 on page 5.

Bong v HSBC *Contractual Interest & 13yr claim* (multipage.gif1 2 3 4 5 ... Last Page)

 

your figures are just about the same as hers - (like if 50% was m.l. then you can claim 50% of the interest up until the point where you have been repaid those charges - that's if i got it - it's been awhile - i'll take a look too and get cracking on his - i'm just waiting for him to open another account in case they close his).

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Cheers Lattie, good advice as always! I'll try writing and see what they say, it's worth a try as I really wasn't expecting anything else from them so it's just a bonus if they accept.

Lisa

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If DG do not seem to have any knowledge of the previous offer... I agree with MB, accept, and sharpish.

Then you will be sent £4500, I cant see any problem.

They offered it, you accepted it, I think the previous offer is now irrelevant to be honest.

They made a offer, then a better one, you have this on paper.

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If DG do not seem to have any knowledge of the previous offer... I agree with MB, accept, and sharpish.

Then you will be sent £4500, I cant see any problem.

They offered it, you accepted it, I think the previous offer is now irrelevant to be honestThey made a offer, then a better one, you have this on paper..

What I said was

If they haven't paid this, accept the £4500 and sharpish.

and the trouble is Lisa accepted the first offer and has been paid £3500

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Hi all,

thanks for all your help so far. Just to confirm, I did receive the £3500 and did inform the court. The offer was actually from hsbc and not DG. However all the sussequent offers have been from DG, there have been about 3 so far all offering the full £4500. All along the lines of 'we still haven't heard from you do you want this money or not' kind of thing. Obviously, DG do not know what hsbc are doing or other way 'round, it's all a big mess!

Lisa

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If you have told the court the claim is settled, then I think the only alternative is to make a 2nd claim. Regardless of any acceptance letter you may have signed, you cannot sign away any legal rights you may have.

Just to clarify what did you sign as acceptance of the £3500?

Can the post the exact words.

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One thought ( and I'm only brainstorming here, well, winging it actually)

 

Dear Sir,

Claim No XXXX

Lisa v HSBC

In XXX County Court

 

Thank you for your letters dated xx/xx/xx, xx/xx/xx and xx/xx/xx offering settlement of £4500 for the above claim

Prior to your letters your client HSBC have credited my account with a part payment of £3500.

Therefore to settle this claim in full, I now require a payment of £1000 being the balance of the total sum claimed.

 

Yours sincerely.

 

1 You never know, they might just pay up

2. Their refusal + the offer letters (were these Without Prejudice?) might provide evidence that they are denying you your legal right to the money.

 

This may be pi**ing in the wind. Hopefully Crusher will come up with something more concrete.

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I have pondered this most of the afternoon.

 

One thought ( and I'm only brainstorming here, well, winging it actually)
(me too! :-D)

 

If you signed the new acceptance letter, what will then happen?

one of two things.

A) it gets back to hsbc, they say "hang on, we have already paid something to this claimant, we must cough up the difference" (They have offered this new amount after all, and you have accepted it. It's in black and white.)

B) the goofs cough up the full amount. You quite honestly return the surplus right away with a letter explaining they have paid you too much... you get your £4500.

To write another letter is going to throw a spanner in the works IMHO. You have an offer of the full amount, you have not broken the terms of the earlier settlement as you have not pursued it, it has landed on your lap.

Pull this plan to bits if you wish to as I'm not 100% sure on this one.... :-D

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I think they will merely produce the letter of acceptance and refuse to pay any more.

But it's worth a try cos there isn't a plan B.

what do you mean, there's no plan B :-D

 

in all seriousness, I think this is your only option lisa.

 

'tis up to you.

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Hi guys,

thanks all so much for your time and advice, I'm gonna give it a shot and extract the £1000 (if they pay up of course). Will you all write to me while I'm at Her Majesty's pleasure?! Wish me luck, I'll keep you all up to speed

Lisa x

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