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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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TheNorthernWarrior v Northern Bank Ltd. ***WON***


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please read my threads-they will explain all you need to know.Do a search for lickthewallfatboy V Northern Bank,and Breaking news Northern Bank settle.I have claimed successfully,not once,but twice.The second thread does not include the out of court settlement for claim no 2.Hammer the living daylights out of them-they are a frustrating bunch of messers.And don't forget to open a parachute account immediately.You won't even get to court-Northern will string you out but will settle out of court.I have reclaimed £5000 approx in total.

 

When you file your claim online,then you can claim interest-NOT BEFORE!The online claim site takes care of everything-they will do all the paperwork at the Chichester street Office in Belfast.

 

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Is it the same as the second template? I will be writing one tomorrow and posting it recorded delivery on Monday. 14 days for that one too, right? Do I wait for reply then, or do I just go ahead to the online court?

thanks,lickthewallfatboy,

nervous

 

yes-give them the full 14 days and then off to court they go!!

 

I didn't use the bit about the consumer credit act as mentioned in your last post

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the reason they keep dragging their heels is a simple one-they are making money by investing the charges they have taken from you in the markets.The longer they keep it off you,the more they make....

 

And I'll literally eat my hat if they go to court with either of you ;)

 

they are scared stiff of going and losing,then all the publicity this would attract will mean everybody would be over them like a rash.

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nervous-you should change your name to rather smug and cocky-cos that's how you'll feel when this is over-and around £4K to the good.

 

Don't let them dictate the pace-that is very important-if they feel they can influence you in this they will try to railroad you into what they want.It's all mind games!!

 

Don't worry about confidentiality clauses-they are legally unenforceable..

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something along the lines of "thank you for your kind offer of xx% of my claim.However,I must decline your gesture,and proceed to initiating my claim for the total amount originally indicated in my previous correspondence."

 

NOW you can hit them for 8% interest.Put it this way-and I've said this before-if YOU owed THEM £4000,do you think they would accept £1000 as full settlement?I don't think so....

 

tell them where to get off and get claiming!!

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I don't understand the problems you are having.This is the particualrs of claim you need to use-adapt to your own dates and figures....

 

Claim Description

1. The Claimant has accounts ("the Accounts") with the Defendant which were opened in xxxx and

xxxx respectively

2. During the period in which the Accounts have been operating the Defendant debited numerous

charges to the Accounts in respect of purported breaches of contract on the part of the Claimant and

also charged interest on the charges once applied. The Claimant understands that the Defendant

contends that the charges were debited in accordance with the terms of the contract between itself

and the Claimant.

3. A list of the charges applied will be forwarded to be attached to these particulars of claim.

4. The Claimant contends that:

a) The charges debited to the Accounts are punitive in nature; are not a genuine pre-estimate of cost

incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any

breaches of contract on the part of the Claimant; and are not intended to represent or related to any

alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in

respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by

virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract

Terms Act 1977 and the common law.

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £xxxx and any interest

charged thereon;

b) a declaration from this honourable court that the term of the contract leading to the application of

the charges is unenforceable;

c) Court costs;

d) Interest pursuant to section 69 County Courts Act as set out on the to-be-attached list of charges

or at such rate and for such periods as the court deems just.

 

It should be very straightforward-cut and paste all that, and amend to suit.

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Hi LTWFB

Would you care to amend this for my Business account.? smiles.

I may just take another stab at it.

I have read that online I have to also include or rather MENTION what documents I intend to show to support my claim. And these said documents must be forwarded to the Small Claims Processing Office along with a covering letter "at some stage"..

So....is it my local branch of the Northern Bank of their Head Office.

When I give the address ....REgistered address of the Northern Bank as

Donegall Square West , Belfast BT1 6JS it insists on the street Number which there isnt one?

 

And by the way.....did you do your claim online?

 

I did all mine online-was really straightforward for me.You just need to use that wording for your business account,and don't waste precious words on things you don't need to specify at the moment-the word count is limited online.The court will just expect you to file your papers in good time for the case date.

 

This is the actual address on my court papers

NORTHERN BANK LIMITED

Po Box 183

Belfast

BT1 6JS

 

hope this sorts it out for you!

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  • 2 weeks later...

it's up to you whether you meet them or not-but they tried this tactic with me,and I called their bluff by imposing strict conditions as to venue,people able to attend,single topic agenda-ie when am I getting my money and are you personally in a position to authorise payment if and when meeting takes place etc etc

 

needless to say they aren't very good poker players-folded instantly

 

I would be VERY wary as to meeting them-so put plenty of restrictive conditions on it-then you know it won't happen

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this is just me,but if and when they offer to settle,make it plain that you want the lot,and that you are fully aware of others who have taken further claims to get the lot back-and that you will do the same if necessary.This "full and final settlement" clause is total nonsense.Just let them know you are not to be messed with,because if they see a chink in your armour,they'll be over you like a rash...........

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it's a gift,this claiming business,isn't it?

 

told you you would be ok,didn't I?They've now admitted to you you are right-just take it forward a step at a time till you get the lot.

 

Don't forget to put a line through any "full and final settlement" clause if they send you an acceptance offer letter to sign and send back.They just posted me a cheque because I had got so far up them they just wanted rid of me.... HAHAHAHA

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I had no problems with filing 2 claims because the Northern decided to try to mess me about by not supplying me with info prior to 1994-despite repeated requests for it and despite the fact that some people were getting reams of statements going back to 1999!!

 

So I estimted claim no2,read them the riot act and when they finally relented and sent me what I was entitled to,I was only £300 out!!

 

5 Large in the backpocket,thank you very much Northern Bank,and good night!!

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hi i am new to all this, but i am considering claiming off the first trust. its good to see some other people from norn iron claiming!

 

i have a first trust bank account and i get charged £14 for every direct debit/standing order that comes out when i am overdrawn. i also get a quarterly charge of 43pence per transaction on my account in that quarter. this usually adds up to around £70. am i allowed to claim any of these charges back?

 

any advice would be appreciated. thanks

 

you're not,BUT and you can take this as fact because I witnessed it with my own eyes-First Trust settled at the door of the court with a member on here last September,who had filed for those in error along with the penalty charges.Guess what?Rather than go into court,they paid out the lot.

 

But I am NOT advising anyone to do this in any shape or form.On your own head be it if you do and it all falls to an arse......

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