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    • This is a general comment on the entire situation. First of all that it's been mentioned, by the dealer I believe, that there are no consumer rights in this case because the car is of satisfactory quality. However, the dealer is wrong. This complaint does not relate to the requirement of "satisfactory quality". It relates to the statutory provision that goods must match their description. One can say that this is a much easier factor to measure then "satisfactory quality" which is a kind of rule of thumb view based on the expectations of reasonable consumers. It's very much easier to look at the description of the vehicle when it was being advertised and to compare it with what was actually received. So in that respect, the question is still at large whether the vehicle was as described. In respect of that if the OP is interested in taking some kind of action then I would start off by getting an independent inspection of the bonnet and of the video to see whether an independent inspector formed the view that the damage to the bonnet had been underplayed – either deliberately or accidentally, it doesn't matter. The second comment here relates to the quantum of damages which will be available if the OP brought an action against the dealer and succeeded. I understand that the entire cost of re-spraying the bonnet and then blending the colour into the wings et cetera is something like about £550. This means that an expenditure of £550 would produce a car bonnet which was essentially in new condition. However, the OP did not purchase a new car. The OP purchased a car which was second-hand and which had already suffered normal wear and tear and in respect of which at least some damage on the bonnet had been pointed out. I'm going to say now that the pictures supplied by the OP clearly have emphasised the damage. I don't know whether they have exaggerated the damage but certainly if the dealer had posted those pictures, then he would not been able to sell the car – or at least not at that price. From that point of view is it seems that it is quite possible that there was an element of underplay. If an independent inspection decided that the car had been mis-described and this report persuaded the court, then the court would award a judgement. However the court would then have to decide on the award of damages. A court would balk at awarding a level of damages which essentially handed the claimant a bonnet in brand-new condition – in other words better than she expected to receive when she bought the car. This means that the court have to calculate an apportionment of damages. This calculation would be based on the cost of repairing the bonnet and subtracting the value of the damage already in existence. So for instance, cost of repairs equals £550. Value of existing damage, say, £300 – total award approximately £250. Of course I have no idea whether these figures are correct. The only figure we can actually be certain of is the cost of repairing the bonnet. The rest of it is subject to argument and eventually a decision by the court. A reasonable way of measuring the value of the existing damage to the bonnet might be by trying to assess its effect on the resale value of the car.  What I'm saying here is that people have to tailor their expectations to take into consideration the diminution in value of the goods they have purchased by taking into account the age of that good and any defects that have already been pointed out. Reciprocally the dealer has a certain duty of candour and that is to be brutally frank about what they are selling in order to avoid these unpleasant and damaging disputes. I understand the dealer has already paid out £150. Then the OP may still be out of pocket but she will not be out of pocket to the tune of a completely renovated bonnet.  
    • I hope people are able to read this in the New York Times. Their thoughts on the PM's style and ambition to join the USMCA agreement.   Boris Johnson Visits U.S., Making Jokes but Not Much News - The New York Times WWW.NYTIMES.COM U.K.’s prime minister makes headlines, yet experts say it is unclear if his lighthearted style is helping stake out a post-Brexit role on the global stage.  
    • UK should not need food banks.   Biggest issue affecting UK household finances is the cost of housing.   In my area in the south west, it costs about £1000 a month for a 2 bedroom house.    OK If there are 2 people in work earning above national minimum wage.  But if one of them is not able to work for any period or they are self employed with no work coming in, they may struggle to cover rent and also be able to pay for basic living costs.   If people are in employment, where the earnings are not going to be reliable, as soon as they start struggling they need to be making a claim for Universal Credit. This may provide benefit entitlement which will help towards living costs, during any period where earnings are reduced.   Use a benefits calculator website such as Turn2us or Entitledto, to check the level of earnings where claiming Universal Credit might be required to provide support during a downturn in earnings.
    • Yes inform the UAE Bank and IDRWW of your new address.   Just state your new address, don't mention there being any debt and don't sign with a signature. Just type your name.   Foreign debts can be enforced in UK.  But they mostly rely on people not providing current UK address so they can have Court claims sent to old address or people don't deal with Court claims when received.  All about them gaining judgement by default as not defended.   Add a new thread telling us about your own debt and circumstances.    
    • The head of Iceland supermarkets says there are more food banks than branches of Macdonalds in th UK, on BBC Question Time.   Also that removing the increase in UC will mean a choice between heating and eat for large numbers of people. In one of the richest countries in the world, it's not right.   https://twitter.com/i/status/1441157610955100168  
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nunu V's HSBC


nunu1
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Hi i am getting ready to send my LBA as i've had no reply. Do i have to copy and attach the statment s which the charges are on? Or do i just need to type up a list of charges and dates?

Please help as i really want to get started on sending this letter out.

THANK YOU

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hi nunu

no you don't sent the statements at all. either a list of charges at this point or a spreadsheet would be fine.

 

take your time and please read the faq's and as many threads as you can. familiarise yourself with the process as mistakes early on could be costly later on.

 

FAQs :::::::::::::::::::::::::- PLEASE READ THESE FIRST!!!

also read the step by step instructions, haven't got the link here - at work so i can send you them later if nobody else does (i'm sure they will)

good luck

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

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What did you send with your first letter? So that they knew what you were claiming for, it would have been helpful if you had sent them a list of charges, amounts and dates.

 

The same list will do for your LBA. However, you'll need to get it on a spreadsheet for going to court so that you can work out the 8% interest you want to claim.

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they will most probably send it back with a "we can't possibly deal with your letter in this form - please send a list of the charges your are querying" along those lines - so, be prepared - get your list or preferably the spreadsheet ready to go with the lba.

the simple spreadsheet will calculate the 8% interest that you will need to file your claim - and if you just cut off the 8% column - you have a lovely list of charges to send with the lba - and the one with the interest will be done so 14 days later - you will be ready to file your claim with the court - and that is the first time you mention the interest.

6. Interest calculation spreadsheets. use the simple one - just enter all your charges - oldest through to the latest - calling each one just what the bank calls it.

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hi on the spreadsheet when i put the date and amount do i put what the charge was for?

Sorry may sound a bit thick but im not very confident at this sort of thing and i don't want to screw it up!

Thanks nunu1

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hi thanks again. I've got everything ready now, Do you think i should send a copy of the LBA to my branch and another to Canada sq to make sure they get it? As i never got a reply for my first letter when i sent it to canada sq:confused:

 

thanks cristy

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  • 3 weeks later...

hi still not heared anything of hsbc do i count the weekends in the 14 days? They didn't reply to my first letter now their ignoring my LBA . I m starting to worry that the letters haven't been recieved and i'm unsure what to do. Should i send another one in hope that they may reply or just get on with the next stage?

thanks nunu1

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yes i did send it recorded, looks like i'll have to file my claim then:eek:. i'm gonna have alook over the FAQ again to refresh my memory.

thanks cristy

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  • 1 month later...

hi i'm in a bit of a pickle at the moment my computer has broken so i'm having to use the public library(i was trying to post this reply when it broke 2 weeks ago), I still haven't got any further then when i sent my LBA, i have had a reply saying they are looking into it but i know the outcome won't be for the full amount and i want £2416.00 as that is what they owe me. Any way i have been looking at the N1 form and i am a bit confused, Do i fill it in and print it out my self or do i have to go to the small claims court to get one. I know you probably think i'm really dump and lazy, but i have read the FAQ's and tried to look at as much as possible but i'm just not confident enough to do this on my own as i know i will just make mistakes and mess it up. My computer will be fixed by may 8th so i should be able to get things rolling again. As i have left so long since i sent my LBA , do you think i should send a letter saying that i was giving them extra time before taking action, so they don't think i'm not prepared to follow it through. Any way i must go my time is up , i will come back tomorrow and relpy to any sent messages

Thanks for your patience and time , A very confused claimer

nunu1:o

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ok, i know, i tried it and they are slow....

persevere- you'll get there - here's an N1 form link...

http://www.hmcourts-service.gov.uk/c...ms/n1_0102.pdf

 

and the step by step to filling it in:http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/681-particulars-claim-hard-copy.html

 

 

and here's a link to the particulars of claim for the n1 4. Particulars of claim - N1 - hard copy version

 

i hope that all helps you get your n1 ready and then you can take it and the fee plus 2 copies of your breakdown to the local court.

 

don't send the bank any more letters - delay or no delay - just file when you are able.

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