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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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Whatawoman v HSBC *******WON*******


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Its okay I jsut found the helpful link on here in the library templates which told me what to put in the claim aprticulars.

 

Sorry to be a pain.

 

HSBC still has 7 days to come back to me from teh LBA so it may not ben needed but I am not holding my breath.

 

Helen

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The key to doing this is to stick to your time table. You will find that there is a pattern that seems to follow everyone. I expect you will get the offer eventualy but if you choose to file with MCOL you will benefit more. The banks will state that they intend to defend but never do, you will have to fill out the AQ unless your one of the lucky ones whom get the offer of the full amount before the AQ deadline. If you are about to file with MCOL then go to their website and setup an account and get used to the site. It is a fairly simple process and dosent take too long to complete but is always handy to be prepared. Rember though if in doubt ask. :)

 

Good luck!!

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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Helen,

don't worry too much about the offers they are so far behind with them,

I received one 2 days before mcol, referring to my prelim letter over a month ago, then another yesterday but they were not satisfactory.

Should be about a month or so till you get your dollars back.

Don't worry too much about mcol just stick to the tried and tested ways.

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oh they're not happy about paying out.... it's just that time's not on their side and the longer they eek it out, the more they think you will bottle it!!

just press that submit button tomorrow and stick to your timetable. you'll get it back eventually.

If i've been helpful in any way....then tip my scales over there!

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Thanks netty,

On the MCOL page where I have filled in particulars of claim - I have stated I want to claim interest but on the caluculations it only has:

 

Amount Claimed

Court Fee

Solicitors costs

Total amount

 

Will the claim include my 8% interest which is £348.44 and is included in the particulars of my claim.

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Thanks netty:

I am pretty sure I followed the template well but is this enough for the particulars of the claim:

 

1. The Claimant has an account xx-xx-xx

xxxxxxxx with the Defendant, opened June

1989 2. Since 16/01/2001 the Defendant

debited charges and interest in respect of

purported breaches of contract. 3.

Defendant is aware of all details as a list

of charges has already been supplied.

Another copy will be sent. 4. Claimant

contends: (a) The charges exceed the

Defendant's losses caused by the breaches;

(b) The Term permitting the Defendant to

levy such charges is unenforceable under

the Unfair Terms in Consumer Contracts

Regulations 1999, Unfair Contract Terms Act

1977 and at Common Law. 5. Claimant claims:

(a) return of the amounts debited of

£1313.50; (b) Interest per S.69 County

Courts Act 1984 of 8% - £350.17 continuing

at 8% until judgment or settlement at a

daily rate of £0.29; 6. Alternatively, if

the charges are a fee for a service, then

they must be reasonable under S.15 of the

Supply of Goods and Services Act 1982. 7.

Costs allowed by the Court.

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