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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
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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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James Vs HSBC


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Right - I have all my statements for my now closed account with HSBC. I totted up all the charges which came to a total of £400 on the button.

 

I calculated interest to be £43.19 so the total claim is £443.19

 

First letter :

 

James Melody

My Address

 

 

 

 

 

Mr David Lewis

Head of Customer Relations

HSBC Bank PLC

Level 36

8 canada Square

London

E14 5HQ

 

 

18/12/06

 

Request for repayment of charges

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: XXXXXXXX

 

 

My request

I am writing to ask you to refund to me the charges which you have levied from my account over the last 2 years.

I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

What I require

I calculate that you have taken £400 plus £43.19 which you have charged me in overdraft interest for the sum which you have taken. Total £443.19 .

I enclose a schedule of the charges which I am claiming with this letter along with a copy of the notices you sent me in respect of these charges.

 

Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

 

 

 

 

 

 

 

 

Yours faithfully,

 

 

 

 

 

JM

 

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James Melody

My Address

 

 

Mr David Lewis

Head of Customer Relations

HSBC Bank PLC

Level 36

8 Canada Square

London

E14 5HQ

 

1/1/2007

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: XXXXXXXXXXXX

YOUR REF : XXXXXXXXXX

 

 

I am very disappointed that you have failed to respond positively to my letter of the 18th December 2006.

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £400 plus £43.19 which you have charged me in overdraft interest for the sum which you have taken. Total £443.19.

I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the18th December 2006.

Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

I require repayment in full of this money and removal of the default notice. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 plus my costs and without further notice.

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

 

 

 

 

 

 

 

Yours faithfully,

 

 

 

JM

 

 

No response to this after 14 days. How do I start the legal action?

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No response to this after 14 days. How do I start the legal action?

 

Hi James

You have followed the time scale if the letter you quoted previously is correct. The next move for you is either to submit an N1 - which can be found in the library templates which is basically an exact copy of the N1 form you would submit to your local Court. What you need to do is bring up a copy of the N1 and complete (you will be unable to download and save this document). What I suggest you then do is check, double check & triple check the details on there then copy and paste the information you have input into a word document and save (it will only allow you to copy the details you have input). Then print out 4 or 5 copies of the N1 back to back. You will need to take 3 copies of the N1 to the Court with you along with the schedule of charges (3 copies) and the fee. If you go onto the MCOL site it will tell you how much that is. Or you can submit your claim online via the MCOL site. The same information will need to be submitted but you will need to be very careful as you have a limit to the number of characters you can input on the MCOL and I find there is a danger of leaving something out!

The choice is yours, anyway good luck and I hope I have explained in sufficient detail, if not and you require any further info etc. Then post again.

Boo

;) Boobaby

Please hit the scales if you think I've helped!

Please note that advice given is purely my opinion and should be treated as such.

FAQ’s

http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/

HSBC Claim - August 2006 £2,700 paid November 2006

Halifax Claim - August 2006 £4,100 paid December 2006

GE Capital - August 2006 - settled

Log Book Loans - August 2007 - sorted

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1. The Claimant has had an account XXXXXXX with the Defendant, opened October 2004 2. Since 31/01/05 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 £400; (b) Interest per S.69 County Courts Act 1984 of 8% - £43.19 continuing at 8% until judgment or settlement at a daily rate of £0.10; 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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Just submitted a claim via MCOL. Just have to sit and wait now.

 

Don't forget, as soon as you get the notification as to which Court it is going to be heard at then you will need to send copies of the schedule of charges to that particular Court.

Boo

;) Boobaby

Please hit the scales if you think I've helped!

Please note that advice given is purely my opinion and should be treated as such.

FAQ’s

http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/

HSBC Claim - August 2006 £2,700 paid November 2006

Halifax Claim - August 2006 £4,100 paid December 2006

GE Capital - August 2006 - settled

Log Book Loans - August 2007 - sorted

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My Name and Address

 

 

 

 

Mr Colin Langdale

Senior Service Quality Officer

HSBC Bank PLC

Service Quality Team

Arlington Business Centre

Millshaw Park Lane

Leeds

LS11 0PP

 

16/01/07

 

Dear Mr Langdale,

 

ACCOUNT NUMBER: XXXXXXXXXX

 

Your REF : XXXXXXXXXXXXXXXXXXXXXX

 

Thank you for your letter dated 12/01/07 and postmarked 15/01/07. Prior to receipt of your letter I have filed a claim in the County Court and have therefore incurred further costs.

 

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, interest and court fees now totalling £493.19.

 

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

 

 

I have also requested that you remove the negative information held on my credit file in relation to this account.

 

If this claim proceeds to court I do firmly believe that it would be judged in my favour. With this in mind I am prepared to contest this claim until full resolution.

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

 

I trust this clarifies my position.

 

Yours faithfully

 

 

This is the draft response to their offer to settle for full charges but less interest. It was posted on the deadline day I gave in my letter before action and received after the deadline had passed and the claim issued via MCOL.

 

Should I post this?

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This is the draft response to their offer to settle for full charges but less interest. It was posted on the deadline day I gave in my letter before action and received after the deadline had passed and the claim issued via MCOL.

 

Should I post this?

[/font]

Hi Honey

I wouldn't bother now. You have submitted the MCOL it's now a question of waiting. You will get a letter from the Court telling you that the case has been transferred to your Local Court and also when it is deemed served. You then have 14 days from that point for HSBC to respond, which they will, via DG Solicitors.

I know how you are feeling and believe you me this final hurdle is the worst.

I know how I felt. "They're not going to pay me" "They may have paid everyone else but they're going to make an example of my claim and I've done it all wrong and i'm going to lose"! I became completely paranoid. I've won the two claims I've made and I'm fighting another at the moment but i'm still nervous, it's natural.

We're fighting huge institutions and how come little people like us are winning? It's because we're right that's why!

 

Now, take a deep breath, relax and read a book, or do whatever you do to wind down and then wait - it will come!

 

Boo

  • Confused 1

;) Boobaby

Please hit the scales if you think I've helped!

Please note that advice given is purely my opinion and should be treated as such.

FAQ’s

http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/

HSBC Claim - August 2006 £2,700 paid November 2006

Halifax Claim - August 2006 £4,100 paid December 2006

GE Capital - August 2006 - settled

Log Book Loans - August 2007 - sorted

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  • 5 weeks later...

OK, I had a letter from the courts today stating that my case has been transferred to the local court in Sussex and HSBC are defending every point made. It mentions a fee needs to be paid of £100 if the claim is for more than £1500. Does that mean I don't have to pay any fee at all?

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hi james

no, you don't have to pay a fee if as your claim is less than £1500. may as well start reading the stuff below now - ready for the next step if they don't make a good offer before then.

 

 

here's the info on the aq.ok, :Allocation Questionnaires - A guide to completion

this is your step by step completion guide - and here is:New strategy for Allocation Questionaires

and here is how to use it:

for section g on the aq, use the wording on post #3 of new strategy link,

and then attach draft order for directions to your aq - use wording on post #2 of new strategy link making sure to add your name and court claim number to all pages. simple as that. just follow the steps with these two minor additions. the draft order is just asking the judge to order both parties to lay out their wares within 14 days of him ordering it - so it shortens the length of the time to a court date - and as dg/hsbc/all banks don't want to do it - they will pay up by offer or just not file their aq in which case you also win.

 

netty

  • Haha 1

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

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  • 2 weeks later...
  • 3 weeks later...

Oh don't worry about the OFT seriously they don't make the law. We will all still take the banks to court to prove that their charges are fair and reveal what they actually are which they aren't going to do as we all know that they are max £4.50. The OFT can't invalidate your claim.

Guide to claiming back your bank charges

 

Most of your questions can be answered by following this link.

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I today arrived home to receive a letter from DG Solicitors

 

 

My Name

My Address

 

Dear Sir,

 

James Melody v HSBC Bank PLC

Northampton County Court

Claim Number XXXXXXXXXXXX

 

We refer to the above numbered claim and our letter to you dated 12 January 2007.

 

We note that we have not yet received a fully itemised breakdown of the amount claimed within your Claim Form and seek this from you by return of post. At this juncture we are unable to address your claim which is serving to delay matters.

 

In the event you fail to provide us with an itemised breakdown, which we have reasonably requested, we intend to apply to the Court for an Order compelling you to provide us with the information sought. We will also bring to the attention of the Court your failure to provide us with this information which we have requested on two occasions previously.

 

Please ensure that our reference is quoted upon any correspondence with this office.

 

Yours faithfully

 

DG Solicitors

 

 

I have a couple of issues with this :

 

1. This is the first contact I have received from DG Solicitors

2. I have twice submitted a full breakdown of my claim to HSBC

3. They mention a letter dated the 12th January 2007 yet they then go on to mention they have asked for this information twice. Surely they would have mentioned two letters if they have indeed requested this information twice.

4. I have been informed by the court that unless the defendant files the AQ by the 26th March 2007 the defence stand struck out.

 

Where do I go from here?

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James Melody

My Address

Rachel Tomlinson

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

Dear Rachel,

 

Your Ref : DMD/RS/Melody

Our Ref : JMVHSBC/DGY/CRM

 

 

Further to your letter dated 19 March 2007 I have attached a breakdown of costs for which I have claimed against your client. I would like to make you aware that I have already supplied this to your client on two occasions. I am sorry that they have not made this information available to you.

 

I would also like to point out that your letter is so far the first and only correspondence I have received from DG Solicitors. I would be grateful if you could please forward me a copy of the letter you sent to me dated 12 January 2007 along with proof of posting. You indicate in your letter that you have requested a breakdown of charges on two separate occasions. I assume that one of those occasions was your letter of 12 January 2007. Please forward me a copy of the 2nd letter that you have sent by return post along with its accompanying proof of postage. I will bring this to the attention of the court as I believe this case should be seen in a fair and equitable manner and as such the court should be in possession of all applicable information.

 

Please ensure that our reference is quoted in all further correspondence. Failure to do so will result in a delay in any future correspondence.

 

Yours Faithfully

 

 

 

 

________________________

James Melody

 

Copy of the letter I have sent

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