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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 
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    • 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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Kat v HSBC ****WON****


Katteh
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Hi Everyone.

 

I wrote HSBC a letter in December requesting the charges back, they sent one back with the usual "send us a summary of charges" so I did that, and requested the amount be in my account within 14 days otherwise I'd take further action (small claims court). They've failed to comply with this though. I called them on Monday asking what was going on, they said that due to FSA regulations they can't process it any quicker, and will investigate it by next week and get back to me after that.. but it's a blatant delay tactic. I can't seem to find any info about whether these regulations are actually legit or not. Can anyone enlighten me please?

 

And for the record.. £804 in charges, didn't claim for interest (although wish I had!)

 

Thanks, and have a nice day. :)

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don't forget to add on your interest when you file a claim... they have not responded to your satisfaction so interest and court fees should be added to your claim at this point.

 

good luck with it

netty

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

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if you were adding overdraft interest or in fact if they have added any charges since you began - the filing is the last point where you can add what you like to your claim when filing and now is the time to add the 8% court interest as well, take your time - make sure you have everything listed that you want on your spreadsheet, then use those totals on your claim.

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Okay thanks guys. I'm a bit confused as to exactly what to add to it.. I haven't gone through and added overdraft interest up, I just totalled up charges and claimed for those. How is the 8% court interest justified?

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Its justified by The County Court Act, but I assume you mean how do you work it out.

 

Use the Simple S/S here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-interest-calculation-spreadsheets.html

and guide here:

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/7226-maisielou-barclays.html#post50088

 

Overwrite the existing examples type of charge, amount and date.

 

The days since and 8% will be calculated automatically

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I have a couple of questions in regards to making a claim at the small claims court..

Firstly, is it possible to find out when you opened a bank account? I've had mine since I was a child, so can't remember the year.

Secondly, in the "what to say" under description of claim it says to put: "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." at the end, but I've not a clue what that means, and am not comfortable putting something down which I'm unclear about - would someone be able to explain it for me a bit please?

Lastly, the last bit.. "Costs allowed by court" - I'm not sure what that's about either. :)

 

Sorry if these are stupid questions, but it's a whole lot of information to absorb at once and it's confusing me a bit!

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Ahh thanks. I haven't followed this sites original letters as I wasn't aware of it before, I followed the BBCs. But in those I wrote...

I hereby give you 14 days to refund the charges back on to my account. For the avoidance of doubt, if this is not done within 14 days, I will commence my claim in the courts without further warning.

So, I think it's fairly clear that I can go ahead and file the claim. About to click submit... :) Fingers Crossed.

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Not quite

Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

 

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

Yours sincerely,

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I'm assuming I'll get told who the banks solicitor is or do I find it out myself?

Thanks for the above, much appreciated. What's the reasoning behind sending 2 copies of the schedule of charges with the letter? Also - can they schedule of charges be sent as a print out of the spreadsheet?

 

Sorry for all my questions, I like to know the reasoning behind these things so I don't get caught out if they ask questions. :)

 

Have many people actually had to go into the court and battle it out against them? If so, i'm assuming the chance of winning is fairly high?

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Just as I was thinking that things were going relatively unstressfully - I realise I've made a mistake on the claim. So I now have to reissue the claim and pay a £35 fee because of it. When writing the dates in my particulars I put Aug 06 instead of September 06.. not sure how on earth I did this, but either way it means I have to fill in lots of forms to get it changed then re-issued. And to make it worse, the forms look very confusing.. I'm so annoyed at myself for being so careless. :mad: My last charge was taken in September, so it even messes up all the amounts which I've put on the spreadsheet. So very annoying.

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How much are the charges in Sept? Will it be worth amending?

I'd be inclined to let it ride. If HSBC pick up on it they will merely settle for the charges up to Aug, it won't affect the whole claim and you can send them an acceptance letter accepting settlement of charges only between xx/xx/xx and Aug 06, which will leave you free to put in a 2nd claim of charges between Sept 06 and now

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