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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
        • Like

Blackstar500 v HFC Bank **ANOTHER ONE WON**


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Dear Mr XXXXXXX

 

 

Thank your recent letter informing me of your complaint

 

Your comments are extremely valuable to me and i am concerned that you are unhappy with HFC Bank

 

I am personally addressing the issues that you have raised and will carry out an investigations of the situation on your behalf. I will examine the background carefully and reply to you directly in due course

 

Please find enclosed a copy of out internal complaint procedure for your information

 

 

Yours Sincerly

 

 

 

Pls advise me what to do next Thanks

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Hi

 

I have just come of the phone speaking to Customer office enquiring about why i have not received my refund after my first letter. She claims the matter has been passed to the legal team who are still looking into the matter. My 14days expire on the 20th of March and was just wondering should i send a final correspondence before action or just file a case immediately

 

Thanks

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If you last letter way a letter before action giving 14 days then at the end of that period you make your claim.

 

You never ever ever make a threat that you won't keep. If you do, you're dead.

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  • 2 weeks later...
run up as much on your credit card as they owe you and then refuse to pay it

Is that wise - it would surely mitigate against you in most people's view. Sure, the logic is right - 'equal debt' - but the processes are different in so far as you have agreed to repay what you spend on the card. You have not agreed that the bank will apply unlawful charges to your account.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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i did it with hfc :) it worked a dream and resulted in what is the record of the quickest settlement ever - 6 hours from me phoning them to them settling! if they owe you the money and you run up the debt the onus is then on them to get the debt back. of course if they owe you x and you owe them x they can hardly go to court and say "oh he owes us money". they cant say you defaulted either because your credit card balance is only minus because of their unlawful charges. no-one with a credit card ever needs to sue their credit card company, they can just run up a debt equal to the amount owed, refuse to pay and point out this and other things. if you know the law properly you can talk the company into writing the debt off (i did) because it legally doesnt exist.

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Wait until 14 days has passed.

 

If they have not refunded in full, then I would start proceedings for recovery.

 

It's the only language banks understand, and it shows you mean it.

 

I couldn't care less what their legal team come up with, they are NEVER as motivated as the person who wants their money back.

 

If it went to court, IMO, you would win.

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Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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This topic was closed on 03/06/19.

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 their.

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.

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