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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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Chambers vs LTSB


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Well, I just started this week. I sent my first letter on Monday asking for a list of all charges applied to my account since January 2003 and enclosed a cheque for £10. I was amazed to receive a reply today - I thought it would take much longer. When I read it they had waived the £10 charge as a gesture of good will (haha) and made an opening offer of £420. Ha, I worked it out and they owe me £1665 so I think it's safe to say I won't be accepting their offer.

 

Sally

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  • 2 weeks later...

Well, I received my 'final response' letter from Mr Just (he really is badly named don't you think?). I got 2 copies of the N1 form from the court incase I mess up the first one, and have just found an online one from the templates bit on the site so I think I might use that. I used the excel file to calculate the interest, I should be getting another £200 out of LTSB purely because they want to go to court, I think they must be mad but I suppose £200 is nothing to them - wish I could say the same.

I have to say I'm finding the whole process quite exciting if a little scary. It all seems to be happening a lot faster than I expected. I only sent my first letter 2 weeks ago, it seems the bank are a bit more on the ball!?!

 

Sally

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Hi

 

You started the same day as me but I'm nowhere near going to court yet. :?

 

Have you sent the preliminary request for payment & the letter before action & had a reply to both?

FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06 :-)

 

TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06 :)

 

LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06 :)

EGG: £451.52 SETTLED IN FULL 18/01/07 :)

 

 

Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.

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Guest Lueeze

Yes, the Prelim letter's 14 days are up on the 27th, and then another 14 days for the LBA ending on 10th June???

 

Just checking with you about this as you could possibly fail if you do not follow the procedure...

 

Lou x

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  • 3 weeks later...

Well, it all didn't actually go as I expected. My first letter just said that I wanted to claim back the charges and was enclosing a cheque for £10 to cover the DPA info. The reply included a record of all charges applied to the account plus an immediate offer of £420. My next letter said that it wasn't enough and I wanted the full £1669 to which David Just sent the final response letter. I was left a bit stunned as it hadn't happened as I expected and even though he said it was the final response I sent them another querying two charges of £192 for which I could find no justification and giving them 14 days to refund the charges or I would start claim proceedings. I sent that on monday and received the final final reply today in which an Andrew Watkins totally ignored my query about the queried charges and said the bank would not reply to any more of my letters. So its off to court I go.

 

Sally

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Did you not use the template letters from this site?

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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No as for some reason I couldn't find them (under "templates" I know but my brain obviously wasn't functioning). I didn't think it would be going too far wrong if I just asked for a copy of the charges but things went faster than I expected. I honestly just thought I'd get a list of the charges and that would be it until I wrote the second letter asking them to refund them as I didn't in the first, I just told them I would be doing. The letter I got back with the list of charges was the same as the ones people were posting on the site with the list of reasons why they were entitled to take the extortionate amounts out of my account and offering me the £420. I know I was a bit hasty when I sent the second letter refusing their offer, but I was so mad when I realised just how much they had taken, that's why I sent the third giving them 14 days to respond or I'd be forced to persue the matter through the courts. It only took them 2 days to send the final, final response of get lost and don't bother writing again as we'll just ignore your letters.

 

Sally

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Having read threads etc I have a question about when to do the claim thing. Having given the bank 14 days to refund the charges and receiving the 'get lost' letter, do I still stick to the 14 days or do I assume the 'get lost' letter is all I'll get from them and do the claim now?

 

Sally

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It is perfectly reasonable if the letter is a genuine - "get lost" we aren not refunding you your money to immediately move to the LBA in direct response to that letter.

 

The only time I would exercise caution is where the letter you receive is an automated acknowledgment in accordance with FSA requirements. In this case I would say you are better holding fire to see if you do receive a more explicit response within the 14 days.

 

That said if you requested the bank do not send you leaflets and generic letters and enter into a sincere dialogue with you, then you could just as well get away with sending the LBA in response to a generic letter!!:)

"BA Group. The World's favourite CA Group"

 

HSBC 2 claims amalgamated. £1195. settled in full prior to filing claim.

BARCLAYS settled in full 2 days prior to submission of defence by Barclays

CAP ONE settled in full on day 14 of LBA (£210)

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I've just re read my last letter to the bank which was my LBA, I've included most of it here. I think I'll give them the 14 days as although they've sent their final, final response, it seems you never know with them.

What I find quite amusing is that each of my three letters received from the bank about this has been sent by a different person. The first was a Ms Siddique, the first final response was from David Just and the final final response was from Andrew Watkins. I think they must tip the sacks in the middle of the floor and everyone grabs a handful at a time no matter who they're addressed to. They obviously don't read the letters properly though I can see that I could have worded my query about the two wierd charges better. Oh well, I'll be getting them back soon anyway.

 

 

Dear Mr Just,

 

Re: Account number XXXXXXXX

 

Thank you for your prompt response to my last letter. I realise you said in your letter dated 16th May that it was your final response but having given it much thought I feel I must give the bank another chance to put right the unlawful action of applying penalty charges to my account. I am particularly interested in the unpaid direct debit charges dated 01/03/2005 and 01/08/2005 as these were both £192 which are not multiples of any charges the bank saw fit to apply so I have failed to see how they can be justified even using the logic the bank has used so far.

 

I’m afraid that if I do not receive a refund of the unlawful penalty charges levied against my account as itemised in my last letter within 14 days then I will be forced to issue a claim in court which will include an 8% interest charge as well as any court costs incurred.

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  • 2 months later...

Well, for all sorts of reasons, I delayed taking things further for a while then I took the plunge and put my claim into the court. I was just getting worried that I hadn't received a reply when I got the defence and court questionnaire yesterday. I'm ok about most of the questions but not sure what to put in the "other information" box. I tried to submit all correspondence when I first submitted my claim but the woman behind the desk refused to accept it then. Infact she made me rewrite my claim form when I'd written it out as suggested in the library section of this site. Really silly as it said exactly the same thing but in a different order. I shall submit all the correspondence with the questionnaire and will read other peoples threads to get suggestions as to what to put in the "other information" box but any immediate suggestions would be very welcome. I've got until the 15th.

 

Sally

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Apologies for putting in a stupid question (the one above). I have found the actual court thing very intimidating and scary, one of the reasons why I delayed. Silly I know but there you are. Anyway, I've read all the FAQs loads of times yet still find myself panicking when I reach the next stage. Thankfully I've recovered, found the bit in the templates section and got on with it.

 

Sally

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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

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