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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.

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      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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how much to add for my costs


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I seem to remember reading a thread somewhere but I can't find it again....

 

I'm about to start filling in my N1 as I very much doubt that the Woolwich are going to accept my 'offer'.

 

There's approx

 

£2200 in charges

£500 in contractual interest OR £130 in statutory interest incase the judge decides I can't have the contractual

 

£130 in court costs

 

and how much should I put down for my own costs, bearing in mind the amount of research time etc I've had to put in? anyone have any idea of what would be reasonable?

 

many thanks

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i think that we would be no better than they are if we did that hun, but if they mess me around and still not offer what they owe once i have a court date then i will be telling them that i am adding £100 for the postage costs and photocopying etc onto my charge. also if have totake a day off work i will be charging them a days loss of earnings. but i wont be until it gets that far

 

amandax

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I know from experience in family court that where you self litigate, the court does not recognise costs on par with those charged by a solicitor's firm for letter writing, telephone costs etc however I think amanda is quite right to expect some form of costs, loss of earnings etc that have resulted solely from that defendent's lack of timely response to resolve. Therefore, one shouldn't include costs of initial response or first request for reimbursement (ie anything up to and including preliminary letter asking for £xxx of charges to be refunded). After that point, it can be argued that the defendent failed to act in a reasonable fashion thus causing a burden of debt to the claimant.

 

I will be charging telephone costs in line with per minute standard rate of my telephone supplier (which is a mobile and the fact that I have contract that gives 'free minutes' is irrelevant as any calls made to the bank have in effect used up airtime that would otherwise be available for calls of my choice).

 

I will be charging actual postage (keep post office receipts for everything sent) plus £5 per 1-2 page letter which includes stationery costs.

 

For photocopying, I shall be charging 10pence per A4 black and white text sheet.

 

Travel should be charged at 40 pence per mile or actual receipted cost of travel using public transport/taxi. Parking receipts as per ticket face value.

 

Loss of earnings should be actual. If you are normally a stay at home parent and someone else has to look after or school run your children due to a court attendance, you can claim for this (even if it is a family member). Again, their travel costs are as above paragraph and childcare costs should be in line with local rates.

 

I believe that only where you are at a court etc (ie required to be available)for continuous periods of 4 hours or more should you be claim for food & drink expenses.

 

It will depend on the mood and attitude of the presiding judge but as amanda says, it's unlikely to get past one intial court hearing (the directions).

 

Hope that helps :)

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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ha ha, you're an old hand at this now amanda, I can see you as the new Clare Rayner ... Agony Aunt to the masses!

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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  • 2 weeks later...

Peeps correct me if im wrong, but looks to me that it would have been more effective to claim for my costs at the time of issuing the claim? rather than trying to claim wasted costs after the event? skeggsy

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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Hi Skeggsy,

I have seen a few threads about this, not much info to go on but as i see it wasted cost orders are intended for the small claims track and you dont know the full amount of your wasted costs until your claim is settled.

 

take a look at these:

 

http://www.consumeractiongroup.co.uk/forum/general-knowledge/88759-question-about-wasted-costs.html

claire

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/89323-wasted-costs-order.html

:pI'VE CLAIMED MY BARCLAYS CHARGES BACK.:p

£5125.60

Im no expert everything i write is what i learnt from my own experience and reading through other threads. Click my scales if you wish to!:)

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it would have been more effective to claim for my costs at the time of issuing the claim?

 

You can't claim a defined amount until you have completed the case however you should have included in your Particulars of Claim that you were seeking 'wasted time'/expenses costs (on top of money owed and court costs). As long as you did that, you are entitled to request the court to consider allowing them - though it's no guaranttee they will be as Small Claims tends to view the awarding of costs differently.

 

If you didn't request it initially, it's unlikely the judge would entertain them as the judgement and award will be based on the application youi made and the elements specifically sought in your application.

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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