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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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Lisaf V Hsbc***Won***


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the court interest rate is the 8%. so, ok there.

if you wanted to claim daily interest you needed to include it in the claim - you didn't so, i'm afraid it's too late - the £35 charge to add it on now wouldn't be worth it - it's your claim amount times 0.00022= daily rate - so, go ahead and figure it - mine was about 45p/day - and would have only added about £13 to what i got, but i forgot it too. unless your claim is really big and it gets drawn out a long time - you won't miss much. don't worry about it.

as for the time - i think the holidays have slowed everything down a little - you'll hear shortly from the court saying they have issued the claim to the bank.

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  • 4 weeks later...
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  • 4 weeks later...

hi again lisa, i'm a bit muddled - do you mean they offered 3500 on the 4500 claim and you accepted and did they pay you the 3500? and now they are offering 4500? just clear it up for me? hey, guys, any way she could accept it and then write a cheque back for the 3500? CRUSHER???? MICHAEL BROWNE????? - that's a test for your letter writing skills.

 

it's a bit like on deal or no deal when they take the offer and then the next offer would have been much higher!!!!

 

depending on what the others say - i'd say it is certainly worth a letter stating you would accept £1000 - hey, michael what comes next..................

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gsh first -

1. i think the prob is that she's accepted the lesser offer as full and final settlement and the other offer is obviously a mistake - and it would be fraudalent to accept the full amount (i was in a position of receiving full amount into an account and a cheque for same amount followed - it was very tempting but at the end of the day - it is fraud).

2. i take it from your post that it is a lloyds/tsb account and as such you'll need to look on that forum or post the question on that forum to get an answer - as each bank has a data controller and the address would be different from the one we know. just go on lloyds/tsb and look for the small blue oblong with "new thread" on it - tick it - give your thread an eyecatching title and you will be away. and it's a very good place to keep a diary of what you've done.

very good luck with your claim - if the lloyds guys are as friendly as this group - you'll be in good company!

 

lisa,

nothing back from crusher or michael browne yet? let me pm them for you and see if they've any ideas. at the very, very least - it certainly would not hurt anything for you to write them a nice letter saying - i'm sure you have lots going on in your office - and it's probably hard to keep track of everything, but.... i have already received a reduced offer on my claim number xxxxxx. i would certainly have taken this full offer - had it come to me sooner...... (and maybe split the differerence as a goodwill gesture?.....something like that). but don't do anything until a couple of others have given you their opinion if there is anyway to get the 1000.

hang on...

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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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that's why i said to keep an eagle eye on your account and the very second it hits the account take 1000 out and put it elsewhere. they very well may want it all back - but you can send a letter saying here - you've sent too much - here is the balance.

can you use another account so if they want to take it all they are taking back is their own money - minus the 1000. you'll just have to play it out and see what happens.

if they send a cheque and don't just deposit it into your acct. - can you cash it into another account. and if they start to bug you just tell them you've deposited it and you can't do anything until it clears.

keep that letter above that michael b did for you and date it today (same day as you've accepted - just don't mail it quite yet)

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  • 2 weeks later...

well done - but being the sceptic that i am - i'd move it out of that bank and into another one just in case they change their minds - i know it sounds awful - but i just do not trust them at all.

 

but i'm really, really pleased for you lisa - what a win!

 

and no, i've not seen one like it before!

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i really am sooo pleased for you lisa - so glad you wrote when you got those letters - or you might have missed out on the extra. what an odd thing to do...... first thing i did was pm crusher and michael to tell them.

very best of luck on your nursing course.

 

now you should inform the court that it has been resolved!

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