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    • Good evening, My husband and I are looking for some help regarding a faulty car which we have recently purchased from Big Motoring World Enfield. The details are as follows: - Make - Nissan Qashqai 2017 1.2L milage 55,349 miles.  Date purchased -   01/06/2024 Price paid - Deposit £9000, finance £4794 (this includes the 3yr Nissan extended warranty), buyers fee £249.      Total including all fees etc = £ 13794.        Initially, during the test drive, there was no problem with the car at all and this is why my husband bought the car on the day. No problems on the way home from the dealership and up to three days after purchase, the car drove smoothly. However, after day 4, occasionally we would feel a slight shudder during some gear changes (automatic car). Over the next few days these shudders worsened and then on day 5 the car would make very a very loud shudder with every single gear change. It was at this point we contacted Big Motoring World for advice as we are still under the 14 days no questions asked return.  My husband contacted BMW for advice on 06/06/2024 and stated the problems as above. He spoke to a sales person who informed him that he should only take the car to a Nissan dealership (we have now been told that this is false information). We were also promised that a courtesy car would be provided for us after the fault on the car had been identified and confirmed by their mechanic fixing the car. We took the car to the garage that Big Motoring World had told us to go. Upon arrival there we discovered it was a third-party garage, not Nissan. We took the car to the garage on day 9. The mechanic ran a diagnostic test which found no faults, but after the test drove the car and below are his findings...   we scan the car but no faults with the gearbox showing but when I test drove the car it was really juddering and jumping.I spoke to my auto transmission specialist and he said they are very common on these as the CVT belt starts jumping within the box due to pressure loss.  We had this vehicle in for diagnostics for gearbox mate but both the gearbox and battery are faulty.Gearbox supplied and fitted comes to £3500 plus vat   Where we are at now…. My husband spent all of day 10 (11/06/2024) making phone calls between the garage, Warranties2000 and Big Motoring World. He tried, unsuccessfully to find out if the diagnostic reports had been shared between all three. Everyone kept saying the report hadn’t been received and yet the garage assured us it had been sent. Eventually we were told that the courtesy car would be given to us if it was deemed the works to fix the car would take longer than 8 working hours, and that decision would be made after 48hours of receiving the report. Today is day 11 and no decision has been made as nobody is telling us any decisions as people are off sick or on holiday! Today we called the garage and told the mechanic NOT to start any work as we will be returning the car. He said none have been started and we have left the car in his storage as he has deemed the car undrivable. I have sent an email to BMW now formally stating that we want to return the car and I have used the terminology that was suggested.   What can we do next?   Thank you everyone. .  
    • Yes will do thanks Dave, I wonder what will happen at the preliminary hearing no idea what they will ask I assumed once I sent the proof they asked for about my sons condition that I would have just  been given the go ahead to be Litigation friend
    • First the judge will rule on you representing your son, which will be a doddle. After that the full hearing date will be fixed, with WSs exchanged 14 days before. So for the moment just concentrate on getting the right to represent your son.  
    • Thank you, the mediations in a couple of days so hopefully they show up this time. I'll update this thread after how it goes
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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.

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Offer Received....but HELP!!!


r_bath
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Hi, today I received an offer from HSBC (YAY!).......but I have a couple of problems I hope someone can help me with.......

 

1. I filed a Court Claim which they acknowledged on the 14th Dec, but they have replied to my LBA letter with an offer and therefore the offer is for a partial amount before interest etc was added, so do I need to reply saying the standard I accept partial payment but expect the rest etc?

 

2. In my charges I got charged £100 for an unpaid cheque and £10 for an unpaid item. The bank are now saying that they are not charges and that they will be deducted from my requested amount, is this right? I thought we could claim for unpaid cheque/item? Eeek!!

 

I could only find the template of refusing charges at the LBA stage, not after the Court stage, can anyone help and give me a template? And also let me know if I can claim the upaid cheque/item that they are refusing?

Thanks!! Nearly there!!!!

______________________________

HSBC

S.A.R (Subject Access Request) sent 04/10/06

Acknowledgement Letter received 30/10/06

Pre Lim letter sent 07/11/06 (£328 it all counts :) )

LBA sent 23/11/06

Court Claim issued 08/12/06

HSBC Received 13/12/06

HSBC Acknowledged and intend to defend 14/12/06

HSBC Defence entered 08/01/07

Full Offer Received 20/01/07!!!!!

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Hi

 

It just says on the statement: 24/06/02 DR UNPAID CHEQUE £100.00

 

So I'm not sure what it was for...?!?!

 

Also one other thing, £10 that I claimed for a stopped cheque they have said that I was told and agreed to the fee, which is right, so can I not claim for this? I don't mind letting it go, but worried they might think I'm a pushover though I think they're right on this score, ooops!!

______________________________

HSBC

S.A.R (Subject Access Request) sent 04/10/06

Acknowledgement Letter received 30/10/06

Pre Lim letter sent 07/11/06 (£328 it all counts :) )

LBA sent 23/11/06

Court Claim issued 08/12/06

HSBC Received 13/12/06

HSBC Acknowledged and intend to defend 14/12/06

HSBC Defence entered 08/01/07

Full Offer Received 20/01/07!!!!!

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Yes Rbath HSBC do do that and no they dont appear to break down their charges. My statement shows £100 overdraft charges (what per month -scary) so I know what you are referring too.

 

I dont think it matters that you agreed to the fee at the time because at the time you agreed you were not aware that the charges were unlawful - I used this very arguement when I went to court (I won by the way) for charges applied nearly 4 years ago, so they can stick that arguement cant they!!

 

Hope that makes sense for you let me know if you need any further help!

  • Haha 1

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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Guest ian cognito

Are you sure this debit for a cheque paid into your account which subsequently bounced? I had a similar entry on my statement this morning and was ready to phone them thinking it was a charge, then the cheque I had paid in came in the post having been declined by the payee branch.

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I have no idea what the unpaid cheque means....whether it's a cheque I wrote that bounced or what, or whether the cheque was for £100 or that is the charge for it.....

 

I'm tempted to just cut my losses and accept but I know that I deserve my full amount!!

 

So I should say on my letter back to them that when I agreed to the charge I did not realise I was agreeing to an unlawful charge, therefore I am still claiming for it?

 

Oh gosh, this is going to make them mad isn't it!!!

 

Thanks guys!

______________________________

HSBC

S.A.R (Subject Access Request) sent 04/10/06

Acknowledgement Letter received 30/10/06

Pre Lim letter sent 07/11/06 (£328 it all counts :) )

LBA sent 23/11/06

Court Claim issued 08/12/06

HSBC Received 13/12/06

HSBC Acknowledged and intend to defend 14/12/06

HSBC Defence entered 08/01/07

Full Offer Received 20/01/07!!!!!

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Yes I would!

 

Honestly these banks and their cheekiness!!!!

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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Ha ha!! Then it is just a stalling tactic to not pay as much money? Here is my letter back, can anyone tell me what they think?

 

YOUR Street

Town

City

Postcode

 

 

Date

 

BANK NAME

Address

Address

Postcode

Re: Account number XXXXXXXX

Response to settlement offer.

 

Dear Mr Langdale

Thank you for your letter dated 28/12/06.

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £xxxx

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

 

With regard to the unpaid cheque and unpaid item of £110 these are unlawful charges to my account, as well as the £10 for stopping the cheque. I agreed to the £10 fee at the time but as I wasn't aware that the fee is unlawful my agreement is not an issue. I would not have agreed had I known these facts. Therefore I will still be seeking these charges back and the full amount of £XXX.

 

Your acknowledgement of my Court Claim indicates that you have until 12/01/07 to respond. You are reminded that there will be no extension to this timescale.

 

I trust this clarifies my position.

 

 

Yours faithfully

[signature]

[print name]

What do you think?!?! So do I send this off along with the letter and just cross out the 'full and final settlement' part? And also cross out the bit about my account being credited if I want a cheque??

I am quite scared now, I know they will make an example of me!!! Maybe I should just accept that they wont pay me the charges they stated and go for the amount less that?!?!

Help! :)

______________________________

HSBC

S.A.R (Subject Access Request) sent 04/10/06

Acknowledgement Letter received 30/10/06

Pre Lim letter sent 07/11/06 (£328 it all counts :) )

LBA sent 23/11/06

Court Claim issued 08/12/06

HSBC Received 13/12/06

HSBC Acknowledged and intend to defend 14/12/06

HSBC Defence entered 08/01/07

Full Offer Received 20/01/07!!!!!

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Guest ian cognito

If the £10 fee is for a cheque you have cancelled then it is a service, this is not an automated process therefore the £10 is not a penalty. Service fees cannot be claimed back.

 

In relation to the second amount of £100 for an unpaid cheque, I think you need to query this with the bank and ask them if it is an accumulation of fees or whether it is indeed just a returned cheque.

 

Reading through the forums, when the banks single out amounts from claims and dismiss them as not being charges, they are usually correct.

 

I think you need to be sure your claim is correct before progressing any further.

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Thanks so much! I have checked with the bank and it is indeed a returned cheque that someone had paid into my account.

 

Sooo.......I have taken those off my schedule of charges, but do I have to start again? Or can I reply with the part payment letter and include the new schedule of charges, plus the £50 court fee, and say that I will claim that back? Like this:

 

YOUR Street

Town

City

Postcode

 

 

Date

 

BANK NAME

Address

Address

Postcode

Re: Account number XXXXXXXX

Response to settlement offer.

 

Dear Mr Langdale

Thank you for your letter dated 28/12/06.

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account.

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

 

I will accept, however, that you remove the sum of £120 from my claim due to services rather than charges. Therefore I request the sum of £ (including 8% interest and £50 court fees) to be refunded to me. I have enclosed an updated schedule of charges to show these amendments.

 

Your acknowledgement of Court Action indicates that you have until 14/01/07. You are reminded that there will be no extension to this timescale.

 

I trust this clarifies my position.

 

 

Yours faithfully

[signature]

[print name]

And then I send this letter, with the offer letter and a new schedule of charges?

What do you think?

 

 

______________________________

HSBC

S.A.R (Subject Access Request) sent 04/10/06

Acknowledgement Letter received 30/10/06

Pre Lim letter sent 07/11/06 (£328 it all counts :) )

LBA sent 23/11/06

Court Claim issued 08/12/06

HSBC Received 13/12/06

HSBC Acknowledged and intend to defend 14/12/06

HSBC Defence entered 08/01/07

Full Offer Received 20/01/07!!!!!

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Sounds fine to me.

 

Well done.

 

 

Let us know how you get on!

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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Ok, today I am sending off, by recorded delivery, 2 things:

 

1. A letter to HSBC refusing their settlement offer (yay!). I have said I will accept part payment, but I have a question....If I want them to send me a cheque do I just cross through the line that says "Please allow 7 working days from receipt by ourselves for your account to be credited"? And then they will send me a cheque? I crossed out the 'full and final' line and wrote 'partial' instead

 

2. Sending off a copy of the letter and a revised schedule of charges off to DG solicitors so they are up to date with the process, is this ok?

 

Thanks!! Nearly there I hope!!!

______________________________

HSBC

S.A.R (Subject Access Request) sent 04/10/06

Acknowledgement Letter received 30/10/06

Pre Lim letter sent 07/11/06 (£328 it all counts :) )

LBA sent 23/11/06

Court Claim issued 08/12/06

HSBC Received 13/12/06

HSBC Acknowledged and intend to defend 14/12/06

HSBC Defence entered 08/01/07

Full Offer Received 20/01/07!!!!!

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Sounds ok - but be warned I doubt if they will send you the cheque in part settlement - they probably say you have seven days to accept or they will withdraw the offer completely.

 

Dont panic this is standard practice and you will just have to proceed as normal.

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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Hi!

 

Just a quick update....i sent through the letter turning down the offer etc. Haven't heard anything on that score since.

 

Well, now I am a bit confused. I did the court thing and they acknowledged saying they will file a defence and they have until the 12th Jan to do this.......2 days away!!! Hopefully either and offer will come or nothing at all in the next couple of days, but what do I do? If they defend I'll go from there, but if they don't respond do I fill in the Request for Judgement?

 

Nearly there!!!

______________________________

HSBC

S.A.R (Subject Access Request) sent 04/10/06

Acknowledgement Letter received 30/10/06

Pre Lim letter sent 07/11/06 (£328 it all counts :) )

LBA sent 23/11/06

Court Claim issued 08/12/06

HSBC Received 13/12/06

HSBC Acknowledged and intend to defend 14/12/06

HSBC Defence entered 08/01/07

Full Offer Received 20/01/07!!!!!

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Well their time is up!!! Waited today and nothing has arrived from HSBC or DG Solicitors since I sent the revised schedule and rejection of offer letter. It doesn't matter that I had to revise the schedule des it? I still use the same timeframe?

 

Anyway, so I have the letter from the court, do I just fill in the Request for Judgement and file it? And that will go to DG Solicitors?

 

He he!! They are so rubbish!!!

______________________________

HSBC

S.A.R (Subject Access Request) sent 04/10/06

Acknowledgement Letter received 30/10/06

Pre Lim letter sent 07/11/06 (£328 it all counts :) )

LBA sent 23/11/06

Court Claim issued 08/12/06

HSBC Received 13/12/06

HSBC Acknowledged and intend to defend 14/12/06

HSBC Defence entered 08/01/07

Full Offer Received 20/01/07!!!!!

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