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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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pinkduchess v HSBC


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Don’t worry too much about any of your figures until you get to filing your claim, as long as the unlawful charges are there or there about it won’t matter much because the interest is added by the court (section 69). I doubt HSBC even look at the figures in any detail until they get paperwork from the courts.

 

We calculate interest for the court to make their life easier, they ask you to list it separately on the claim form, god knows with the number of claims going through at the moment they need all the help they can get and it’s a good idea to remind the judge that you want interest too.

 

I didn’t even show interest on my claim until I filed. Once you have filed then your figures shouldnt be altered.

 

Pete

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Well the modern thinking here tends to prefer permitting the banks to levy charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 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. 7. And Interest is allowable on unlawful deductions per S.69 County Courts Act 1984.

I think the banks agree as they have never entered a court room on a straight give me my money back claim.

pete

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MCOL seems to be the way most do it, the online system is straight forward and easy to use with a little help from your friends ;) plus once you have filed you can log onto the MCOL site and see the status of your claim.... and it saves you a journey to the court :)

pete

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I think your real name would be better (you will probably have to use some numerical addition) but it is only a title, they have my name correctly stated in the claim particulars. Having said that it might be fun in the court waiting room when the clerk to the court shouts out "Pink Duchess v HSBC" :D

As far as late nights we all go through that to some extent I think

 

 

pete

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Now that will raise eyebrows when the clerk to the courts shouts out Mr Pink Duchess.... can I be camera man?

Oh and I have to ask…. Would he dress for the part?.... I picture a Scarlet O’hara costume….

I suspect all of this waiting for 14 days to pass is doing my sanity no good whatsoever….. ho hum…

pete

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Duchess... my sense of humour gets the better of me sometimes sorry this is serious... there is no way you will see a court, you think your scared.... think what the banks are facing.. they are set to loose billions of pounds if they get it wrong, and they know they are wrong.

You have raised a fair point, my account is a joint account too and I have been acting on my own, I will have to send a release from my other half with my schedule of charges when I receive the acknowledgement paperwork, that should sort it.

pete

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I sent mine in with abbreviations exactly as the CAG template. I think the Courts will have seen enough of these by now to know what it means.

 

See how many characters you have spare (it tells you below the MCOL window and replace some of the abbreviations if you can, it can’t hurt to be a little different.

 

pete

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There is no need, once you file your claim with the court you say bye bye to uncle Colin and the "Service Quality Team" and hello to DG HSBC's solicitor.

After you file your claim you will be sent a copy of the issued document by the court, a few days later DG will acknowledge the claim (the little window in your MCOL page will change from issued to acknowledged) and the court will send you a letter confirming the acknowledgment with DG's address etc included.

Then write a letter to both the court and DG enclosing your schedule (I have a template I borrowed from Michael for both but its on my machine at work, I will send you copies tomorrow) remember to also mark everything with your claim number.

pete

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Think most people send copies of their claim schedules when they get the acknowledgement letter from the court because it saves a day or two and the possibility of excuses for delays when DG ask for a breakdown of your charges which they will need before they make you an offer or defend, if you have already sent it they have it.

pete

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Don’t think it will do anything until the system is ready although I haven’t tried on my page... dare ya !! .. if you press where it says issued it will give a few more details and in a couple of days when it says acknowledged, again it will give you a few details of that.

pete

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aww Colin Luv's you

Adding to what netty said, from the recent threads I have read DG don’t appear to get any paperwork from Colin anyway they just work from what the court and we send them, that’s why they ask for a breakdown of your claim if you don’t send one to them.

pete

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I think its the volume of people starting to use the site (the snowball is rolling now) I’ve started to get "page not found" messages. I hope the webmasters here are planning for a huge increase in usage because the word is most definitely out now and everyone and his dog will want there money back.

pete

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