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    • If you are buying a used car – you need to read this survival guide.
      • 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
      • 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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Some advice about a claim


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My apologies in advance for a NEWBIE question. I have read, re-read and printed off loads of notes and FAQ's from the site but I cannot seem to find the thread I need to get advice about a Scottish claim that I may need to make against the Halifax.

I have followed the process and I have just sent off my letter asking for repayment. I have my LBA ready and I am asking for just over £2500 in charges to be paid back to me.

I have read everything relating to a claim of £750 or less. If I need to take this claim for over £2500 to the claims court here in Edinburgh against my local branch what process will I follow.

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Halifax - Email sent for Data Protection Act - 25/04/06

Bank Statments arrived from CR - 27/04/06

Request for repayment sent rec delivery - 03/05/06

Offer of £750 from the Halifax - declined 15/05/06

Letter from the Halifax saying they will not pay more - 16/06/06

First Claim filed with the Small Claims Court 22/06/06

Owed: £2520

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As far as I'm aware you will need to submit a series of claims up to the value of £750.

laura

 

DPA sent to Halifax 7th March

Request for Repayment sent 5th April £407

Offer of £238 received 21st April

Acceptance of offer but not as FFS & LBA sent 21st April

Papers taken to Sheriff Court 15th May - hearing set for 11th August

SETTLED 9TH JUNE £407 + £39 EXPENSES :)

 

Request for Repayment of charges sent to GE money (Monsoon) sent 28th April

LBA sent 12th May

Called GE Money who denied receiving any correspondence, cheque should be sent out in the next 7 days...

Cheque received 7th June

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Ahh, that makes sense. I have read that you should only have one claim running at one time. I can slplit my 5 years worth of charges in to 4 blocks and claim for the oldest one first, then the next etc.

 

If I get to the stage I am in the small claims court how do I make the Halifax aware I am going to claim for all the charges over several claims?

---------------------------------------------------

Halifax - Email sent for Data Protection Act - 25/04/06

Bank Statments arrived from CR - 27/04/06

Request for repayment sent rec delivery - 03/05/06

Offer of £750 from the Halifax - declined 15/05/06

Letter from the Halifax saying they will not pay more - 16/06/06

First Claim filed with the Small Claims Court 22/06/06

Owed: £2520

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Hi Kev the halifax will probably be aware that you will do that due to the dates you will be claiming for but if you wanted you could put a sentence in the LBA letter to inform them that you will be eventually claiming for the full amount. Remember when they do settle they will probably try to settle using the term 'full and final settlement' if you sign this then i don't think you can claim anymore money so you would be best to accept the amount of the first claim but add in the letter that you will be going for the rest of the money in £750 installments

 

 

if you found my advice helpfull please click on the scales in the top right corner of this message - thanks

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Thanks for the good advice Kath. I guess I better sit back and make sure my LBA is correct, I am due to post it to the Halifax in 8 days.

---------------------------------------------------

Halifax - Email sent for Data Protection Act - 25/04/06

Bank Statments arrived from CR - 27/04/06

Request for repayment sent rec delivery - 03/05/06

Offer of £750 from the Halifax - declined 15/05/06

Letter from the Halifax saying they will not pay more - 16/06/06

First Claim filed with the Small Claims Court 22/06/06

Owed: £2520

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if you need to post a copy of it on here and someone will help out if need be. Good luck. I have to raise my court summons tomorrow for BOS - really nervous now!!

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Have a read of this:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=6165

 

also to answer your question of how would you let bank know...here's how i done it:

 

Initial request for payment sent for full amount (£2116), Letter Before Action sent stating that as there were 62 seperate breaches of terms & conditions, that rather than submitting them seperately, and to make best use of the courts time etc i would be submitting them as follows: claim 1 is for period 1/1/01 to 1/1/03 totalling £731 plus interest plus court fee....£856 approx....2nd claim will be for etc etc

 

Hope this helps

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IF YOU FEEL I HAVE HELPED YOU IN REPLYING TO YOUR POST, CAN YOU CLICK ON THE SCALES AND LET ME KNOW

 

Halifax - Total £2116 - Plus approx £300 in interest plus fees for 3 small claims...settled all within 3 weeks of claim.....Now for the mortgage.....

Clydesdale Bank - Credit Card - Sent Data Protection Act - Awaiting statements

Clydesdale Bank - Current Account - Awaiting statements

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Thanks Scotia, I actually saw this post of yours earlier as well, it was through reading this that I realised there is a £750 claim limit. I have booked marked it and will be checking it again before sending the LBA.

---------------------------------------------------

Halifax - Email sent for Data Protection Act - 25/04/06

Bank Statments arrived from CR - 27/04/06

Request for repayment sent rec delivery - 03/05/06

Offer of £750 from the Halifax - declined 15/05/06

Letter from the Halifax saying they will not pay more - 16/06/06

First Claim filed with the Small Claims Court 22/06/06

Owed: £2520

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  • 12 years later...

This topic was closed on 10 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

---------------------------------------------------

Halifax - Email sent for Data Protection Act - 25/04/06

Bank Statments arrived from CR - 27/04/06

Request for repayment sent rec delivery - 03/05/06

Offer of £750 from the Halifax - declined 15/05/06

Letter from the Halifax saying they will not pay more - 16/06/06

First Claim filed with the Small Claims Court 22/06/06

Owed: £2520

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Thread Locked

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at the bottom of one of the posts.

 

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Please

Start your own new thread

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

 

Thanks

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