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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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Received a settlement offer from HSBC...


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I went through the usual prelim/LBA letter process on behalf of my sister who is claiming £75. Having missed their deadline to reply I issued a claim through Moneyclaim. A couple of days later she received a settlement offer with an acceptance form that she has to sign with the following wording:

 

I accept the sum of £75.00 in full and final settlement of this matter against the bank. Please allow 7 working days from receipt by ourselves for your account to be credited.

Of course now that we've gone to the County Courts we obviously want to claim back the £30 fee as well. I assume she wouldn't want to sign this form as it isn't a final settlement for her.

 

Am I correct in writing back a letter to HSBC with the following wording:

I appreciate your offer to offer me a refund of £75. However, I gave you 14 days to respond to my claim before I initiated legal proceedings. The 14 days have passed and I issued a claim through the County Courts [insert case no] a few days before I received your offer of a settlement. The 14 day deadline I gave you is a reasonable time frame for a large company like HSBC to respond to its customers.

 

Therefore, I feel it is reasonable for me to request an additional £30 as a result of the costs I have incurred in taking this matter to the County Courts. I will be happy to reach a full and final settlement with HSBC if I was made an of £105. If you are unwilling to offer me the additional £30 to cover my costs then I accept your offer of £75 and I will pursue the remaining £30 through the County Courts.

 

Yours faithfully

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I went through the usual prelim/LBA letter process on behalf of my sister who is claiming £75. Having missed their deadline to reply I issued a claim through Moneyclaim. A couple of days later she received a settlement offer with an acceptance form that she has to sign with the following wording:

 

Of course now that we've gone to the County Courts we obviously want to claim back the £30 fee as well. I assume she wouldn't want to sign this form as it isn't a final settlement for her.

 

Am I correct in writing back a letter to HSBC with the following wording:

 

sounds ok to me and more than fair. I know there are templates in the libary but I can't see anything wrong with your letter and agree all money including your court fee should be refunded. If they don't agree carry on with your claim. Don't stop your claim until they agree to settle full amount.

Goodluck! (Not that you will need it I think it's more the bank that are wishing they had some luck instead.)

17th august 06-claimed back 725.00 from HSBC in full (personal account)

28th august -just added up over 19,000 in business charges with husbands HSBC account! ABOUT TO START PROCESS OF RECLAIMING MONIES.

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I took a look at the library template and sent the following letter. Should do the job!

 

Thank you for your letter dated 13/01/2007. I appreciate your offer of a £75 refund. However, I gave you 14 days to respond to my claim before I initiated legal proceedings. The 14 days have passed and I issued a claim to the Northampton County Court (claim number: xxxxxxxx) a few days before I received your offer of a settlement. The 14 day deadline I gave you is a reasonable time frame for a large company like HSBC to respond to its customers.

 

Therefore, I feel it is reasonable for me to request an additional £30 as a result of the costs I have incurred in taking this matter to the County Court. I will be happy to reach a full and final settlement with HSBC if I was made an offer of £105. If you are unwilling to offer me the additional £30 to cover my costs then I will accept the £75 sum offered only as part settlement and on the clear understanding that I will pursue the remaining £30 through the County Courts.

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