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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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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gregor84 v HSBC ***WON***


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Hello everyone, I sent my LBA off yesterday, after recieving no response after 14 days of my prelim letter. I understand it's pretty common with HSBC to get no response at all, I'd still like to have some sort of acknowledgement though. Ah well, only a couple of weeks now before the "business end" of the claim!

 

I am claiming £2265.00 from HSBC.

 

Wish me luck!

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Hi Gregor.

 

If you are following the route that we suggest, you won't need luck.

But good luck, anyway.

 

Regards, Rooster.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

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Hiya greg,

If you do get a response it will be a standard HSBC reply saying go away in one way or another think at the last count there were 3 standard letters, the last one I got looked like the photostat machine was running out of toner.

Best thing to do is to send your correspondence recorded delivery then you can get an acknowledgement off the post office, at least you know its got there then, bit more expensive but I think worth it.

Good luck, as the others said you won’t need it, everything you need is on this site including support and advice from some very clever members.

pete

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  • 2 weeks later...

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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As far as the letter to the court goes shall I do that right away, ie put it in the post tomorrow morning? I take it that helps things move along quicker so they don't have to ask me for the schedule?

 

Cheers for the advice.

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hi gregor, you send the copies of your breakdown to northampton court because as you filed your claim online - they don't have the details, you just ask them to attach the breakdown to your claim reference number xxxxxxx

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

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  • 4 weeks later...

Hello everyone, it has been a while since there has been any development on this, but HSBC have filed a defence on the 26/4 (so using the full 28 days just to be nice and awkward!). I now have the message on MCOL:

 

"You are unable to take any further action online on this claim.

 

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly."

 

I assume this is all standard stuff and I will recieve my AQ shortly. I did send my charge summary to DG a couple of weeks ago and I'm going to phone them tomorrow and just make sure it's there.

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Hiya Greg, we have had a little modification to the system, we think the courts are under severe pressure so are trying to spread the load. Have a read of this which should explain what’s happening.

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html

 

If you filed your claim with MCOL just wait to see what your local court sends you. In the mean time, as soon as you get your notice of transfer to your local court do a nudging letter to DG. If you used an N1 you should still get an AQ.

 

pete

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  • 2 months later...

Hello there, haven't updated this for a while becuase there weren't many developments. A hearing date was set for July 10th, and I sent a letter to DG about a month ago when I found that out. No reply from them so I thought they were just going to go to the hearing.

 

However, good news - I've come home from work today to find a letter from DG offering a full settlement of £2485.00 (my original claim plus my court costs)!! I am absolutely over the moon with this. I won't be able to fully rest until the money is transferred into my account but that is merely a formality now.

 

Thanks a million to everyone who helped me on here, I wouldn't have been able to do any of it without the guidelines and advice from this brilliant site and it's members, I will be making a donation.

 

Cheers

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Hi Gregor.

 

Congratulations..... Well Done!:D

 

Could you spare a few minutes to complete the winners survey.

 

If you feel that CAG has helped you in claiming back your charges, remember that it is the donations of previous users that has allowed that to happen. If you would like to help us to help the next users in their claims a small donation would be gratefully received.

Entirely up to you.

 

Once again, congratulations.

Regards, Rooster.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

-------------------------------------------------------

LOOK! Free CAG Toolbar.

Follow link for more information.

 

------------------------------------------------------

Please donate,

Help us to help others.

 

 

LINKS....

 

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FAQs....

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