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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
      • 162 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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gordylar vs HSBC ****WON****


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:) Hi there sent off L.B.A. yesterday to the HSBC after the 14 days expired from my first letter asking for my money + statutory interest back (they never acknowledged my 1st letter). Was I right in also asking for the interest? I did this using the letter from the Martin Lewis website which suggested this, however the letters from this website say not to just yet :-|.

 

Seems strange to think, that hopefully :rolleyes: I will get my money back, can't help but think its wishful thinking and they'll make a stand against me. Anyway any help along the way will be gratefully received (don't want to mess this one up).

 

What would be the best step now? Should I prepare my M.C.O.L with the county court ready for the expire date of the L.B.A?

 

I will see how I get on with this one then I shall put in a cliam for my business account charges with the HSBC also which I would guess at being about £200-£300.

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It depends what interest you are talking about.

Unfortunately this is not the Martin Lewis site, this is the Consumer Action Group and we have no connection with Martin Lewis.

I've never seen one of his letters so I cannot comment on them. If you are referring to the part of the debit interest applied to your account as a direct result of punitive charges, then yes... no problem.

 

If you are talking about the 8% interest under S.69, then no you can not claim it yet. This is granted at the discretion of the Judge, so how can you claim it before youve even started your court claim.

 

I would suggest that you spend a few days reading the FAQ and the step by step guide in the library section. That will answer most of your questions.

 

Regards, Rooster.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

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Hi Gordylar.

 

With the interest there are 2 types to think about as Rooster has stated. The mistake I made was I added the total interest I was charged on the same day I was charged for the penalty (confused yet?) eg. 1/10/06 say I was just under my over draft limit by £30 but they charge me £50 from the previous month and debit £10 interest. I was claiming for £50 (the charge + £10 (the interest). unfortunatly this is wrong as they are entitled to charge you (within reason) the interest so you can only claim back a proportionate amount that equals your charges..... If you weren't confused you probably are now!!(Sorry if you are) Vampres has some excelent spread sheets to work it all out for you and once you read the 'how to fill in part' for the advanced one it is very straight forward. If you have put the incorrect amount in then dont worry you can change it in the MCOL process. Here are the spread sheets from Vampress.

 

Good luck!!

 

J.

HSBC Owing £618.00 charges + £106.57 Interest = £724.57 total. See how I went about doing it here

Preliminary letter sent - 20.10.06

Found out the Postoffice have LOST the prelim letter - 7.11.06!!! :mad:

Re-sent prelim letter - 8.11.06

Confirmed delivery - 15.11.06

LBA sent recorded delivery - 23.11.06

HSBC offer £525, Rejected 7.12.06

MCOL filed with revised sum of £744.10 - 17.12.06

Letter of Acknowledgement recieved - 22.12.06

Statements sent to DG and courts - 27.12.06 (NEARLY THERE!!)

AQ letter recieved - 17.01.07

AQ Letter handed in to court - 02.02.07

Letter from D&G offering full amount -03.02.07:D

Money in account - 14.02.07!!

 

We get charged enough in TAXES and just general living without those whom we trust with managing what little money we do get to keep unlawfully charging us, especialy when their profits are so huge.

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Thanks guys, the interest I claimed for was the interest the judge would award under s.69 at 8%, seems I was a bit misimformed as you say though Ill change it at the MCOL stage as they wont pay out before.

Thanks for your help

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Remember at MCOL stage your adding Charges + Banks interest + S69 Interest + Court Fees = big cheesy grin from ear to ear! :D

 

Keep us posted.

HSBC Owing £618.00 charges + £106.57 Interest = £724.57 total. See how I went about doing it here

Preliminary letter sent - 20.10.06

Found out the Postoffice have LOST the prelim letter - 7.11.06!!! :mad:

Re-sent prelim letter - 8.11.06

Confirmed delivery - 15.11.06

LBA sent recorded delivery - 23.11.06

HSBC offer £525, Rejected 7.12.06

MCOL filed with revised sum of £744.10 - 17.12.06

Letter of Acknowledgement recieved - 22.12.06

Statements sent to DG and courts - 27.12.06 (NEARLY THERE!!)

AQ letter recieved - 17.01.07

AQ Letter handed in to court - 02.02.07

Letter from D&G offering full amount -03.02.07:D

Money in account - 14.02.07!!

 

We get charged enough in TAXES and just general living without those whom we trust with managing what little money we do get to keep unlawfully charging us, especialy when their profits are so huge.

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i see you got your own thread, good. so, now read what i wrote to you in the other thread - it will be right near this one when i post this. let me be so bold as to send my little piece - the link, anyway, read it - it really clears things up, hopefully. it is post number nine on this thread:HONEYGIE sees you HSBC! (multipage.gif1 read it, so, read the faqs, then read this link and see if it helps.

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Thanks for all the replys. Cant wait for the big cheesy grin stage:D .

One more thing I am wondering, my first 2 letters (asking for my cash back and the L.B.A.) were not sent recorded:( .Was this a mistake? as they didnt reply to my 1st letter

ta Gordy.

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Thanks lateralus for the link very useful, answered many questions in my head and supported the answers of others everything helps especially when up against the banks as the always feel intimidating but not anymore bring them on

p.s. should I send another L.B.A recorded delivery this time:o .

thanks Gordy

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Thanks Lateralus

Ill do that as I could see the banks saying to bin any that come through unrecorded and deny receiving them. Be interested to know about the 14 days though should I let it stand at the original L.B.A or for the second drafting of this, if it went to court what would they think?

thanks again.

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Having a nightmare at the moment, am laid up in bed with a bad back so have not been able to send off second L.B.A recorded delivery, 1st time Ive been able to sit up and use the computer since yesterday.

Anyone heard back from their bank after sending letters un-recorded or is it only me who has been daft?:?

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Hi all received a letter today from HSBC saying

 

Dear Gordylar,

 

Thank you for your letter dated 4th of Janruary 2007 concerning bank charges. (THEY ARE MOST WELCOME)

 

I am looking into the matters you have raised and will contact you with a full response as soon as I have completed my investigations. (WHAT IS THERE TO INVESTIGATE - GIVE ME MY MONEY BACK

 

In the meantime,I enclose a copy of our leaflet which explains how these matters are dealt with. If you do need to contact us, please quote the ref number xxxxxx

 

Yours sincerely

 

Colin Langdale

Senior Service Quality Officer(shouldnt it be BANK CHARGES RE-IMBURSEMENT OFFICER[/color

 

I thought this was an in-appropriate letter, I half expected a letter telling me to "BOG OFF" But it seems to me that they are just stalling.

Therefore when the 14 days have passed since sending them the L.B.A. which is on the 18/01/2007 I shall start the next step M.C.O.L.

 

If I am doing anything wrong any help would be appreciated, think I am on the right lines though, judging from other peoples experiences on this "SUPERB SITE"

 

Thanks Gordy

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sounds fine to me. i call that one the bog off letter, the sod off letter says they haven't done anything wrong so go away.

as for the mcol - it's very manageable - while you are laid up - you can register - go in and out of the site - work your way through to the particulars, see the template and start trying to get yours to fit.

when the 14 days is up - you should be all ready to submit and pay and that's all. if you want another example of particulars - i'm happy to send mine by pm, just ask on here. just keep your stuff kind of general and be sure to include all the legal parts and your totals.

hope your back is better by now.

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Thanks lateralus,

back is better now (almost),keep thinking(wishing) I'm still 17. I would love any other examples of particulars etc that you or anyone else may have thanks, as all and any info etc is much appreciated, and all helps in the fight against the might of the H(igh) S(ociety) B(anking) C(harges) (Wanted to use the initials for something). After all I dont want to mess this up.

 

Ta again Gordy.

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Hi guys,

just a quick one b4 work, a friend of mine sent off his SAR end of November they cashed his cheque on 1st of Dec but he still has had nothing and its nearly 48 days since his request.

Anyone else had this?

What would you do next?

I have advised him about this site.

Got to go now.

thanks Gordy

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Lol netty,

It makes things so much easier to know somebody is watching over and guiding us. I'd be stuffed otherwise. Good luck with your case, I have been watching with interest.

Right then I am now at the mcol stage, d-day for this is tomorrow, however i havent even started anything yet as I have been to busy with work kids etc..

Where do I start ?

How do I find out which is my local court?

I dont want to give them any more time than I have to.I'm going in later tomorrow to get my case registered with mcol.

I know I should have been more on the ball but I haven't.

A point in the right direction would be very gratefully received.

Thanks, Gordy

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Hi all,

right then have just been on MCOL and registered etc, juts need to fill out my case details now then will submit tomorrow.

I will check with all you top people first to make sure all is o.k. with claim form before I click and hand over my dosh, any help & advice on this matter of any type is appreciated, so is all support received, getting to nervy bit now.

Thanks Gordy

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:mad: GRRRRRRRRRR,

I'M FURIOUS,

received a statement from HSBC with a £75 arrangement fee. When I phoned them up to say that I have no arrangements with them, I was told it was for 3 direct debits that they had paid and was a £25 charge for each item??????? I told them that they should therefore be listed as charges, they agreed after I had to ram my reasoning down their throats, politely though I might add.

They told me then that they were notified fees for being overdrawn and they will debited be on the 29th of Jan and it will be as one notified fee of £75. I told them it was against the consumer contract act and I had not been notified of this fee at any point and therefore they should change it to 3 DR charges of £25 each which is what they are.

Has anyone else experienced this and how do I go about claiming this back as they have called it a fee (talk about wolf in sheeps clothing). Can they do this? :confused:

On a lighter note did anyone see the article in the daily mail today where a customer with the RBS (I think) sent in the Bailiffs who seized computers ,a till of money and other goods after he won judgement with mcol and they didnt pay so he then got a warrent :p Quality, well done that man. :D

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