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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
      • 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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Raoul Duke V HSBC


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in a day or two you will receive from the court - a transfer to your local court, a copy of dg's defense and an allocation questionaire. look on the aq for the deadline - that's the important bit. you will fill it out and send it back in (with another 100 if the claim is over 1500)- (add it to your claim). don't be in a hurry to send it in - wait until it is almost due and in the meantime - ring dg and see if they received your breakdown, and then ring a couple of days later to see how it's going and then a couple of days later to see if they need any more info from you - get the idea? it's to keep your claim up near the top. they often make an offer just before the aq is due - and no sense paying the 100 only to have them offer and you have to say oh, yes, by the way that's another 100 because i sent off the aq. so hold on a bit.

 

as for the aq - start looking at this:Allocation Questionnaires - A guide to completion a step by step guide to filling it in.

and this:New strategy for Allocation Questionaires read other threads and we'll be along later to tell you how this applies - keep posts 2 and 3 handy.

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when you get your paperwork from the court - send them 2 copies of your schedule of charges - referencing your claim number.

the solicitors have 14 days from the issue date to file an acknowledgment - they will and that gives them another 14 days added to the first 14 in which to file a defense. at the acknol. page 2 is dg's address - so when you get the acknowledgment send them a breakdown as well and reference your claim number.

 

best to start your own thread in the hsbc forum - just look for the new thread tab - that way we can help you and find you much more easily.

keep track of everything - let us know how you are getting on.

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looks fine to me - might add in the third last line about it being just over the 5k mark. we found a good sentence that netty used - look back over her thread (if you can stand it!) to where she was filing - hers too was just over 5k and the n150. that's all i see at first read - i'll look again later.

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WHAT, PINKY AND PERKY RIGHT AGAIN.!...WE'LL I NEVER.........

 

 

did you get everything in it - aq fee, court fee, interest, everything.

if so, you can use this one:

 

Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX

 

I accept your offer as full and final settlement only for this claim of bank charges made on my account between xx/xx/xx and xx/xx/xx(dates of first and last charge)

 

I accept this offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust that you will find this arrangement acceptable.

 

Yours Sincerely

 

 

 

 

 

and if they are short on something - tweak this one:

 

Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX

 

Unfortunately your offer has failed to include my allocation fee of £100 and therefore I am unable to accept your offer as full and final settlement until you agree to refund this amount. The total amount I wish to be refunded is £XXXXX

 

As soon as I receive confirmation from you that you agree to this increased figure I will accept the new offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim of £XXX

 

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I look forward to receiving your revised offer

Yours Sincerely

 

 

 

sounds like congratulations are in order - but i want more details.........

are we aunties yet? baby here? full offer? sold the car yet?

 

you'll either name the baby after me and netty or invite us to the christening, right?????????

 

send details of all happy events when you get a minute.

 

very, very, very, pleased for you!

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yep!

you can pm martin3030 - he will change your thread for you.

and please will you get back and tell us when little peanut arrives!!!!!

 

very pleased that it's all coming together for you. enjoy life: your money, selling the car, the diy and most of all the new baby!

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