Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • 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
        • Like
      • 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
        • Like

HELP! After Mcol: HSBC Offered Charges But Not Court Fee or 8% apr


stimpycp
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6341 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

After doing MCOL I've received a letter with a few days left to the deadline: Offering the full amount of charges, but NOT including the £80 court fee or 8% apr of around £90, AND it doesn't even reference the court action.

 

WHAT DO I DO NEXT?

 

Do I ring them and ask them where's the rest, or write,

or just do the court thing in a few days (not sure how that works)?

Link to post
Share on other sites

Hi, im a bit new to all this but i think this may be a belated offer from hsbc, but im sure now you are/will be dealing with DG so dont accept the offer just wait for the offer from DG.

Of course i could be wrong so hopefully someone with more experience will chime in :D

  • Preliminary letter sent 15/01/2007 received 16/01/2007 :cool:
  • LBA sent 29/01/2007 received 30/01/2007 8-)
  • Mcol filed on 12/02/2007 8-) acknowledged 14/02/2007

Link to post
Share on other sites

Again im talking as a newbie :p BUT im pretty sure Q1 = yes and Q2 = ignore

again i could be wrong (its been known occasionally ;):D) so hopefully someone with more experience might chime in to correct me if i am....

Clint

  • Preliminary letter sent 15/01/2007 received 16/01/2007 :cool:
  • LBA sent 29/01/2007 received 30/01/2007 8-)
  • Mcol filed on 12/02/2007 8-) acknowledged 14/02/2007

Link to post
Share on other sites

if you write the rejection letter just stick in a sentence saying like:

as i have not had a positive response from you regarding my previous letters, i have now filed a claim in the courts. claim no.xxxxx, datedx/xx/xx and it will now require XXXX.XX to halt this process (include charges +interest + court fee = total).

any dealings will now come from dg - have you had an acknowledgment yet? - don't know when you filed - but when you get the ackn. send 3 copies of your breakdown to the courts, referencing your claim no. and then 1 copy to dg - address on pg 2 of the ackn. also referencing your claim. your first paperwork from the court will be the notice of issue - that gives the date they notified the bank of your claim, from that date - dg has 14 days to acknow. and if they do, they have a further 14 days to defend. get back if you have questions. that's what we are here for.

Link to post
Share on other sites

Thank you Lateralus.

My claim was issued on 2nd January. I've had several Notice's of Issue from the courts, with copies of what they sent to HSBC. It said 'The defendant has until 21st January to reply'.

 

It's 24 January today and I've not had anything from HSBC or DG- Nothing at all relating to my claim.

That's the thing I'm having difficulty understanding; I thought they HAD to acknowledge a court claim...and enough with all this letter writing.

Link to post
Share on other sites

Just spoke to HSBC. I'm trying to find out if they have the Notice of Issue.

 

Customer services didn't have a clue; They also said I'd "probably have to reclaim online as I'd put the service Quality Team address on it" (who've been dealing with this); The girl said there is no contact telephone number for the Service Quality Team for me to ask them about it. Rang again and another guy gave me it! It's 08456 028 006, by the way. They don't know either, as the solicitors (DG?) get everything.

 

In the words of Stewie Griffin: ALL I WANT IS TO KNOW HAVE THEY BLOODY GOT IT!

 

The HALIFAX had paid up by now!

Link to post
Share on other sites

take a step back and look again - you should have received first a notice of issue (look to see what date the courts issued to claim to hsbc), then you should have received a notice of acknowledgment(looks similar to the issue) - on page 2 dg solicitors will have ticked the box, intend to defend. to this you reply by sending your breakdown and your court reference number to dg. your dates don't quite match up - look again for us and see when it was issued, and if you have a notice of acknowledgment then we'll tell you how to proceed. i'm thinking you may have also received a notice of defense (with some other paperwork) - but check and see what you have exactly. could be important to get back to us soon - depends on what they've sent.

 

don't ring the bank again - it all goes through dg now. get those details above and get back - i'm waiting to see what it says.

Link to post
Share on other sites

Lateralus, Thanks for standing by.

 

Now you mention it, I haven't actually received a Notice of Acknowledgement; having dealt with another bank I know what it looks like.

 

I HAVE however, received about 3 copies of the Notice of Issue. I don't know whether that's a glitch. I don't recall 3 copies last time.

 

Will I need to call someone at Northampton?

Link to post
Share on other sites

i think that might be an idea - i thought you were just glancing at them and assumed they were all issues - that's truly weird - three the same - yes, i'd check by phone tomorrow to see what's up. see if they've acknowledged,

 

from mcol website:

There is a Help Desk at Northampton for MCOL customers. Staff will be able to answer questions you may have about this service. The help desk details are:

Telephone: 0845 6015935

 

further thought - what exactly does the status read on the mcol site for your claim? check it out - and if you can press the judgment button -do so. keep posting

Link to post
Share on other sites

I spoke to MCOL helpline and they said that it's been acknowledged as of 5th January- I should have had a copy of it, and I shouldn't have had 3 seperate Notice's of Issue! They'll try and forward me another copy of the Acknowledgement.

Definitely a bug in the system somewhere.

 

Seeing as it's moving, shall I send my breakdown of the charges to DG or do I wait for them to contact me directly?

 

I gather I don't press 'Judgement' until 5th February.

Link to post
Share on other sites

send them to dg now.

and keep an eye on that button - try pressing it at midnight on the 4th/5th. they will probably defend but it pays to keep an eye on the calendar and the button. you can get dg's address several places here -

in hsbc contact details above, etc.

Link to post
Share on other sites

1 copy is enough - just reference your claim number on it. i like to say put a little cover note saying, please find enclosed a copy of my breakdown relating to claim no. xxxxxx.

my claim consists of: charges xxxxxxx

interest (court interest 8%) xxxx

court cost xxxxxxxxxx

Total: XXXX.XX

Thank you for your attention to this claim

sincerely. blah, blah.

 

you should actually send the court 2 copies referencing your claim no. as well. no need for the equation on theirs.

send the one that shows the interest.

Link to post
Share on other sites

Got a letter from DG today.

 

They offer the money I ask for, but curiously around £4 short of the full amount.

 

What should I do?

 

Is this just an arrogant way of knowing they didn't pay everything I asked for, or just a way to cover costs of envelopes?!! Strange!

Link to post
Share on other sites

who knows????? maybe the stockholders are giving prizes for those who can get people to take less - maybe it was 4pounds they are not allowing for some reason - i don't know how much your claim is for but £4 seems like i could live without - if you see what i mean - so, you are getting all your charges, interest, court fee 100% but minus £4? i'd accept. that's my opinion.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...