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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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m00chie vs Halifax**won**


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Hi All!

After reading all these posts I've finally bitten the bullet and have sent my SAR letter off recorded on the 13th and I gotta say that it feels good!, just got to wait now for my statements

 

Will keep everyone updated so it doesn't feel like I'm doing this all on my own!

 

m00chie

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  • 1 month later...

Well i finally recieved my statements today :o loads and loads of pages.

 

I've highlighted all my "charges as notified" and am just about to add it all up, this is getting exiting!!

 

Would anyone know if you actually add the £5 charges for the monthly overdraft to it as well? i would have thought not as this is the service charge for the overdraft. Could someone clarify this please

 

thanks in advance

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Well i finally recieved my statements today :o loads and loads of pages.

 

I've highlighted all my "charges as notified" and am just about to add it all up, this is getting exiting!!

 

Would anyone know if you actually add the £5 charges for the monthly overdraft to it as well? i would have thought not as this is the service charge for the overdraft. Could someone clarify this please

 

thanks in advance

 

 

Nope you cant claim that back.

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wow, thanks for the quick reply.

 

so just to confirm, on my statements i should be highlighting all the "charges as notified" and also all the "interest debited" parts, is this correct?

 

how are people doing this and what is the easiest way that you've found?, as i've said so far i've only just highlighted all the "charges as notified" amounts and now i'm gonna go through all of them again and add them all up

 

cheers

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I put my 'debit interest - as notified last month' in a seperate column. This is easier when you come to send your prelim and LBA. The date I entered was when they removed this from my account, the end of the month. Getting exciting isn't it? Sally:p

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  • 2 weeks later...

just a quick update....

 

i've sent off my prelim and they've recieved it on Saturday 07/04/07 so i'm gonna count my 14 days (3 weeks) from Tuesday.

 

This really is getting exiting!, now the wait for a reply :grin:

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It isn't 14 working days - it's 14 days. So if you posted on a Monday you can assume it arrives by Wednesday and start counting from then. Just keep reading, and reading and...............

 

oh i never knew that :eek:, i always thought that weekends didn't count, well that just means that theres a shorter wait now. Thanks sallysas you've really been helpful, you've made my day!!

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Glad to be of help. I'm all for less waiting time. Hope it works out quickly for you. In my case I thought they were going to defend at court, letter from Halifax arrives on Saturday morning, check on-line banking - RESULT. You are on the way towards getting that same warm glow now. :)

 

 

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  • 4 weeks later...

just a quick update as i've not been online for a while now.

 

i actually sent of my LBA on 23/04/07 (mon) recorded and they actually recieved it on 25/04/07 so i'm counting my 14 days from then.

 

Today the 14 days is out and from what i understand i now have to file a claim with the court? can anyone help me with the next steps (just to guide me on what to do please?)

 

I was so hoping for a letter from them by now with an offer :(

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Hi moochie

 

Have a read of my jaxads v halifax thread to see how I got on with them :D

 

You could give them a ring, just to see what is happening and mention that you have your court papers ready to file, but wonder if they're able to settle before you process your claim. You may get an offer that way. However, I have read on the site that Halifax are getting a bit stricter and not paying out as easily!!!!

 

However, if you just go ahead and file your court papers, you can then claim the 'little xtra' in the form of the 8% interest from good old Howard Halifax!!!

 

Just remember, at the end of the day, it's your claim and you will get your money back.

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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well i had a read of claiming via MCOL, i'm currently on benefits and there's no fee remission so the only way i can go is through the N1 claim. This is so daunting! :o

 

have i left it too late? does filing a N1 claim take long?

 

thanks

m00chie

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hi i filed with a n1 claim form because also on benefits just had to fill in a form and take in proof that i am claiming benefit, think it takes the same time as online because i was informed 7 days after filing that they had served the halifax and that this was my court number good luck

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i have so filled out the forms for exemption on benefits take them in with n1 on friday it doesnt take too long you can print them of and then fill them in or the other way round i did both just to make sure i done them right good luck:-)

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Take proof of benefits claimed along with you. The proof must be no more than one month old so a bank statement would be ideal if you have one every month or a letter from Jobcentre or whoever. On-line bank statement is also fine. In my case I claim wtc/ctc so I provided award letter and on-line statement to show they correlated and the courts have not complained yet. If you want a laugh can I suggest you read my 'won' thread, sally v halifax2. Not too long to wait now hopefully. Will be thinking of you on Friday. :smile:

 

 

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thanks everyone for your help-it's a proper little community on here and i feel at home!! :D

 

will keep this post updated and I'll shout if i need any help?!

 

XXX

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i'm sending my n1 form off to the courts tomorrow, and i just need a little help!

 

the "value' bit, can anyone tell me if i've filled this in right please? (i'm crap at maths!)

 

Charges £4102.00

Overdraft Interest £519.72

Interest under s.69 County Courts Act 1984 £369.73

Court Fee £120.00

 

TOTAL £ 5111.45

 

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £1.01 per day [(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day)] OR at such rate and for such periods as the court deems just.

 

obviously i'll delete the red bits can anyone confirm that what i've done is right?

 

cheers

m00chie

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As long as you have worked out the overdraft interest ok, then it looks fine.

 

Also dont forget to add the £10 SAR Fee.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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thanks for the answers-i forgot about the £10 fee!

 

i use the interest calculator thingy from mse (can't remember what it's called cos i changed the title to schedule of charges but it has 4 columns

-charge value

-date

-interest

-total

 

will i need to send copies of these too?

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You will need to take

 

3 copies of your spread sheets

3 copies of your N1

3 copies of you POC

 

Proof of benefits if exempt or the court fee.

 

Thats it.

 

They will keep all 3 and post 1 back to you in a couple of days.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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