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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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ColinGB20&wife V Halifax ***WON***


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Ok, LBA sent this morning by registered post.

 

Will wait about 10 days before contacting them by phone, if they dont contact us first.

 

S.A.R - (Subject Access Request) Sent 27/02/2007 with cheque

E-mail sent 17/03/2007 (Receipt of S.A.R - (Subject Access Request) requested) - Cust relations

Cheque cashed by Halifax 22/03/2007.(Now wait for post)icon6.gif

E-mail sent 01/04/2007 reminding them S.A.R - (Subject Access Request) deadline approaching :evil:-Customer relations (S.A.R - (Subject Access Request) Deadline 10/04/2007)

E-mailed Kelly Duffy - Customer Relations Manager. 04/04/2007

Called Customer Relations spoke to 'Carol'// waiting for someone who can assist to call back............10/04/2007

Rang Customer Relations - Spoke to Alison 11/04/2007

Mr Clay rang back and promised statements by 13/04/2007.

Received Statements 12/04/2007....Now the fun really starts. :grin:

Sent prelim claim dated 16/04/2007.

Wife received a standard reply 19/04/2007

LBA sent 01'st May 2007 registered post.

 

ColinGB20 & Wife.

 

Don't let the B**tards wear you down !!

If in doubt, deny it.

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Ok, LBA sent this morning by registered post.

 

Will wait about 10 days before contacting them by phone, if they dont contact us first.

 

S.A.R - (Subject Access Request) Sent 27/02/2007 with cheque

E-mail sent 17/03/2007 (Receipt of S.A.R - (Subject Access Request) requested) - Cust relations

Cheque cashed by Halifax 22/03/2007.(Now wait for post)icon6.gif

E-mail sent 01/04/2007 reminding them S.A.R - (Subject Access Request) deadline approaching :evil:-Customer relations (S.A.R - (Subject Access Request) Deadline 10/04/2007)

E-mailed Kelly Duffy - Customer Relations Manager. 04/04/2007

Called Customer Relations spoke to 'Carol'// waiting for someone who can assist to call back............10/04/2007

Rang Customer Relations - Spoke to Alison 11/04/2007

Mr Clay rang back and promised statements by 13/04/2007.

Received Statements 12/04/2007....Now the fun really starts. :grin:

Sent prelim claim dated 16/04/2007.

Wife received a standard reply 19/04/2007

LBA sent 01'st May 2007 registered post.

 

 

Hi still watching and thanks for the click dpick:-D

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  • 2 weeks later...

We need some advice please.

 

We are starting to fill out our N1 claim form and wish to clarify one point.

 

Is the claim date on the schedule of charges the same date that the prelim claim was made when sending with the N1? The reason we ask is that the Interest would be different on the date of the N1 claim, around 16/05/2007 when N1 will be filed.

 

We are not sending this yet,but we are starting to get ready for the court process.

 

Many thanks. :-?

ColinGB20 & Wife.

 

Don't let the B**tards wear you down !!

If in doubt, deny it.

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  • 3 weeks later...

Well, our N1 claim has been late in being filed with local county court due to me having to go away at the crucial time to start court process. Now I am back the court claim will start on Tuesday 29/05.

 

Can you please just confirm that our claim date on the N1 form will be this date and NOT the original claim date of 16/04/2007 when we first asked for our money back.

Also becuase we did not file immediately after the LBA deadline expired this should not cause us a problem should it?

The Halifax sent a letter saying they will reply on or before 14/06/07. so continuing our claim, although late by our 14 day LBA deadline will be ok?

 

Many Thanks

ColinGB20 & Wife.

 

Don't let the B**tards wear you down !!

If in doubt, deny it.

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Hi Colin,

 

When you file your N1, that will be your date. It normaly takes about 3-5 days to have it served. That will be the date you count from.

 

Also you havnt left it that long, so it is fine to file now.

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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  • 2 weeks later...

N1 filed at local county court and fee paid on 30/05/2007. Clerk advised 3-5 days before being served, so count 14 days from then.

 

14 days starts tomorrow so hopefully this is the final leg to getting our money back.

 

If we do not hear anything within this time, do we contact the court or will we automatically get a letter?

 

If the Halifax defend we should receive more paperwork in the post right?

 

Thank you sea-side lady for your advice.

 

S.A.R - (Subject Access Request) Sent 27/02/2007 with cheque

E-mail sent 17/03/2007 (Receipt of S.A.R - (Subject Access Request) requested) - Cust relations

Cheque cashed by Halifax 22/03/2007.(Now wait for post)icon6.gif

E-mail sent 01/04/2007 reminding them S.A.R - (Subject Access Request) deadline approaching :evil:-Customer relations (S.A.R - (Subject Access Request) Deadline 10/04/2007)

E-mailed Kelly Duffy - Customer Relations Manager. 04/04/2007

Called Customer Relations spoke to 'Carol'// waiting for someone who can assist to call back............10/04/2007

Rang Customer Relations - Spoke to Alison 11/04/2007

Mr Clay rang back and promised statements by 13/04/2007.

Received Statements 12/04/2007....Now the fun really starts. :grin:

Sent prelim claim dated 16/04/2007.

Wife received a standard reply 19/04/2007

LBA waiting to be sent 01'st May 2007.

N1 filed 30/05/2007.

ColinGB20 & Wife.

 

Don't let the B**tards wear you down !!

If in doubt, deny it.

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Hi all,

 

We received a letter from our local county court on 06'th June stating claim sent 31'st May and will deemed to be served on 4'th June. Goodo....

 

We received a letter from the Halifax on 09'th June (dated 08'th June).Sorry that you felt the need to complain blah,blah...But we feel the charges are justified blah,blah...so no refund. This customer service advisor obviously does not know we are at the court process!!! But heres the rub...the letter we got back states that we requested a refund also from our Halifax credit card... Guess what?

 

WE DO NOT HAVE A CREDIT CARD WITH THE HALIFAX !!!!!!!!!!!!!!!!!!!!!! We made no mention or request. They could'nt even be bothered to amend their std letter.

 

It really p*sses me off that they say they looked into our claim,like hell they did. Standard letter sent when our name reached the top of the pile more like it.

 

Still they have 9 days to respond or we win.. will post again when we hear.

 

GOOD LUCK to ALL..

ColinGB20 & Wife.

 

Don't let the B**tards wear you down !!

If in doubt, deny it.

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Hi all,

 

We received a letter from our local county court on 06'th June stating claim sent 31'st May and will deemed to be served on 4'th June. Goodo....

 

We received a letter from the Halifax on 09'th June (dated 08'th June).Sorry that you felt the need to complain blah,blah...But we feel the charges are justified blah,blah...so no refund. This customer service advisor obviously does not know we are at the court process!!! But heres the rub...the letter we got back states that we requested a refund also from our Halifax credit card... Guess what?

 

WE DO NOT HAVE A CREDIT CARD WITH THE HALIFAX !!!!!!!!!!!!!!!!!!!!!! We made no mention or request. They could'nt even be bothered to amend their std letter.

 

It really p*sses me off that they say they looked into our claim,like hell they did. Standard letter sent when our name reached the top of the pile more like it.

 

Still they have 9 days to respond or we win.. will post again when we hear.

 

GOOD LUCK to ALL..

 

Hi Colin it's dpick again I think Halifax are really getting crashed you know they paid me in full, well this morning I again received an A4 envelope containing some 200 pages of all info that should be sent for SAR, 2 months after they paid me, do you think they know that they have paid me.

 

Keep going still watching you dpick:p

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We received a letter yesterday 15'th June from our local county court saying that the Halifax filed a defence on the 13'th June. It states that they have 28 days from the date of service of the claim form with particulars of claim.

 

Does this mean that they have 20 days in total since claim filed on the 04'th June. So in effect they have 17 days left?

 

In the meantime we need to prepare in case we do have to go to court. We have downloaded the small claims pack and looked at this. Is that all we need along with our personal paperwork?

 

Any advice now would be greatly received.

 

ColinGB20&Wife

ColinGB20 & Wife.

 

Don't let the B**tards wear you down !!

If in doubt, deny it.

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We received a letter yesterday 15'th June from our local county court saying that the Halifax filed a defence on the 13'th June. It states that they have 28 days from the date of service of the claim form with particulars of claim.

 

Does this mean that they have 20 days in total since claim filed on the 04'th June. So in effect they have 17 days left?

 

In the meantime we need to prepare in case we do have to go to court. We have downloaded the small claims pack and looked at this. Is that all we need along with our personal paperwork?

 

Any advice now would be greatly received.

 

ColinGB20&Wife

 

Hi Colin I ahve not had to go as far as this yet I believe that by filing a defence gives them another 28 days from filing, if no one comes up with clear advice I would ring court Monday for info.

 

all the best dpick:p

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hi colin the halifax now have 28 days from the 4th june

if you look at some of the won threads they normally settle your claim before the 28 days are up i dont think it will be to long till you get your money back

good luck keep checking your account they sometimes put the money in with out telling you

Buffy x

Buffy x

 

Buffy v Halifax WON all charges refunded

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Thanks for that guy's, we will keep looking at our account and keep you posted. Many thanks.

ColinGB20 & Wife.

 

Don't let the B**tards wear you down !!

If in doubt, deny it.

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We Have Won ...................

Checked our account yesterday 22/06 in the morning ..No payment. Rechecked our account last night 22/06..MONEY PAID INTO ACCOUNT IN FULL...

 

This morning received a letter stating that "although the charges made to our account are fair and comply with halifax terms and conditions,we will be depositing the amount claimed in full including interest and costs into your account"..

Thank you to all who helped us and many others to claim back our money.

Keep going, be strong and you will triumph.

A donation will follow.

 

ColinGB20&Wife :-D

ColinGB20 & Wife.

 

Don't let the B**tards wear you down !!

If in doubt, deny it.

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CONGRATULATIONS...!!!!!

 

That is fantastic news..:D :D Well done!

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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