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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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HSBC ..Total Charges Can I claim these????


hsbcfiddled
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and here is a suggestion:

there are many threads on here mentioning managed loans and i have stopped reading them because they make me so very angry.

however, you may like to read some as it makes you realise that there are loads and loads of peeps in the same place as you:

Who has had Managed Loans? (multipage.gif1 2 3 4 5 ... Last Page)

 

 

now, as to the suggestion: there is only one thread i know of where someone has asked for the m.l. to be included with the charges and they won. i would read this thread very carefully. tigs is very helpful and if you want her advice - she will give it to you. this is her thread:

Husband v HSBC - Paid :-) (multipage.gif1 2)

 

 

i would think your story is very similar and i don't think you are too late to take her approach. but you must read up on it and probably make contact with tigs with any questions.

it could just be the way to go for you.

 

as for the overdraft interest on the statements (i'm talking about the current acct charges - not the m.l) if you want to include the o/d interest - you must use the advanced s/s to calculate what portion, if any, on each interest charge the amount you can reclaim - do not under any circumstances just plonk the o/d interest onto your list of charges - that would be incorrect.

as it is common practice to amend your schedule of charges right up to filing the claim - i would say - first, decide if you are going to ask for o/d interest but second - i'm still thinking joining your man. loan onto your reclaiming of charges as was done by tigs in that link above may be the way to go - please look at it.

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you may need to pm tigs if you want to make sure she sees it - just copy your thread title from the forum list and go on private messages - upper right side and then compose message send it to Tigs33 and paste your thread title there.

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  • 3 weeks later...

this is for after you file your mcol - keep it handy - After You Have Issued Your Claim

Your POC's state that you will be supplying a schedule of charges, but MCOL does not allow you to attach it to your claim at the time of filing.

So, once you have filed your claim, you need to 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:

 

 

Quote:

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. Their name and address will be on page 2.

 

 

Quote:

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.

 

(If, and only if, you are claiming overdraft interest on your penalties, also include this paragraph)

 

 

I understand you have a policy of initially rejecting claims for overdraft interest. However, should this be the case after you have reviewed my claim, you should be aware that my claim for overdraft interest has been meticulously calculated and double checked. It only ever relates to the cumulative charges within the overdrawn balance of the account at the point that the overdraft interest was debited

 

If it is that in your view the interest is not claimable, I am prepared to discuss this with yourseves and the judge in court.

 

Yours sincerely,

 

and this will help you fill out the mcol:Getting MCOL Right(1

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  • 2 weeks later...

read dolfos thread while waiting - you can skip through else you'll be there ages - just read her posts.

Business account over 19,000 in bank charges.** SETTLED IN FULL *** (multipage.gif1 2 3 4 5 ... Last Page)

it reminds me of what you are saying - i followed it forever - but they got there!

 

also, have i pointed this one out before - getting the ml money back with the current accout - although this is personal - not business. the idea is there. Husband v HSBC - Paid :-) (multipage.gif1 2)

 

good luck with whatever you try!

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  • 6 months later...

i think the crux of the complaints about the managed loan is that the original debt is made up almost exclusively of accumulated bank charges.

added to the fact that the loan itself is set up like a mortgage - where the early payments are almost exclusively interest - taking almost nothing off the capital of what is owed. it has long been my contention that had it not been for the original unlawful and punitive charges - the debt would not have spiralled into such an amount that the bank entices people into the managed loan. it does seem logical that the interest on the managed loans, being made up of bank charges which you are questioning, would therefore be refundable. this was the basis for tigs33 and her getting her husband's managed loan repaid. (Husband v HSBC - Paid :-)granted this was way last year when things were different - but if it helps you see a bigger picture - then it would be worth a read.

my comments about the parellels with greedfighter - i meant there is more than one way to skin a cat - and sometimes fighting the bank might require some thinking outside the box -

just hoping something might come out which could help you in your situation.

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  • 4 weeks later...

no such thing as a small victory in this game, fiddled!!!

they're all big wins, felt by all of us and maybe most importantly - a boost to those yet to venture into the action!!

 

again,,,well done.....enjoy your holidays and your dosh!

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