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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
      • 160 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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Scottiepoll -v- Halifax ***WON***


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Thanks

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Thought it about time I started my own thread, I have been getting advice from this site for the past four weeks.

 

I am filing court proceedings tomorrow and a bit nervous about it. Got lots of sound advice from Sea-sidelady and feel quite confident about pressing the submit button now - thanks sea-side.

 

Will keep you all updated on how I get on.

 

Scottie

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Just subscribing to your thread...;)

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Just looked at my MCOL and thought of something.

 

On the claimant details I have put my name (forename and surname) but the account for which I am claiming is in mine and my husband's name (joint) should the claim be in joint names?

 

Can anyone help, I am filing tomorrow, and don't want to get it wrong.

 

Thanks

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As long as you have full accses to the account and can sign for it, then its fine.

HOW TO...DUMMIES GUIDE TO CAG...Read here

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EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

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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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Well I took the plunge and filed court proceedings against Halifax today.

 

Just got to wait now, hope to god I have done my claim OK!

 

Found it quite satisfying pressing the SUBMIT button. Sit and wait for the pounds to roll in now Hopefully!!!!

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Can anyone help. I am also thinking of claiming against other bank charge offenders ie; credit cards I have had in the past but are now closed, I don't have the numbers for these. Is there anyway I can find out?

 

Thanks

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Hi, got my issue acknowledgement from MCOL last week saying my claim would be deemed served on the 8th May - keeping looking at the status on MCOl has nothing has changed, still says "issued 2/5/07" is this right or should the status have changed by now?

 

Any help greatly appreciated

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You have to give as much details as you can to prove who you are, like bills, driving license, as much id as possible, proof of address, and roughly when you had the account, and they should be able to find it for you.

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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Hi everyone,

 

14 days is up for Halifax Visa tomorrow. - Is the procedure any different to that of Halifax Current account ie: template letters? And when filling out MCOL, should I put trinity rd address or the dunfermline address (which is where correspondence has come from and previous letters have been sent)?

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Hi again scottipoll, just an update for you........My claim was acknowledged on Friday with the intention to defend the whole claim........just waiting to see how long it takes them to back down and give me my money :)

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Hi Mack,

 

They must be dealing with claims in date order!! I was a day behind you and Halifax have acknowledged my claim today. Did you get a letter from the court confirming the acknowledgment? They seem to be going to the wire when paying out claims. Is the 28 days from the date issued or served?

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  • 2 weeks later...

Hello everyone, Well I WON!!!!!

 

Wen away for the weekend and got back to 2 letters from the Halifax, one saying PEE off, complaint denied. The other saying that not viable for them to defend and would refund charges and the court cost of £80. They have not refunded the interest £300.81.

 

What should I do, they have already put the money (except interest) into my account.

 

Can anyone advise please.

 

Thanks

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You need to send one of these letters.

 

Letter 5 or 6.

 

just amend it to your claim.

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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Sorry sea-side, feel really thick!!

 

Can't find the letters you refer to. Only the Particulars of claim and spreadsheet. I have already sent these. Should I send them a partial offer letter saying I want the interest - do you think I will get this?

 

Or is there another letter I should send - or should I ring them?

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I think that these are the letters that sea side was refering to:-

 

Letter 5:-

 

YOUR Street

Town

City

Postcode

 

 

 

 

Date

 

BANK NAME

Address

Address

Postcode

Re: Account number XXXXXXXX

 

Response to settlement offer.

 

Dear [named sender or Sirs]

 

Thank you for your letter dated xx/xx/xx. I respectfully decline your offer of Full and Final settlement and have included the cheque you supplied in respect of that offer.

 

You may not have been aware that I commenced legal action against you for the full amount plus interest and costs on XX/XX/XX and I would ask that you now refer this matter to your legal department for further instruction.

 

(If the bank have credited your account, please use this note...)

I wish to stress that I do not accept your offer as Full and Final settlement and the money transfered to my account should not be viewed as my acceptance. I hereby authorise you to remove this sum accordingly. Alternatively, should you wish to settle my claim in full, then please forward the balance of the claim (£xxxx) without further conditions and I will inform the court that the claim is settled.

 

 

I trust this clarifies my position.

 

 

Yours faithfully

 

 

[signature]

 

 

[print name]

 

 

Letter 6:-

YOUR Street

Town

City

Postcode

 

 

 

 

 

Date

 

SOLICITOR'S NAME

Address

Address

Postcode

 

Re: County Court Claim Number XXXXXXXX

 

Response to settlement offer.

 

Dear [named sender or Sirs]

 

Thank you for your letter dated xx/xx/xx. I respectfully decline your offer of £xxxx.xx as settlement of my claim [and have included the cheque you supplied in respect of that offer.]

 

My claim is for £XXXX.XX as outlined in my Particulars of Claim, plus court costs of £XXX.XX, and this claim will continue until payment is made in full.

 

(If your account has been credited, please use this...)

I wish to stress that I do not accept your offer as Full and Final settlement and the money transfered to my account should not be viewed as my acceptance. I hereby authorise you to remove this sum accordingly unless you are willing to make the payment a part-settlement.

 

Alternatively, should you wish to settle my claim in full, then please forward the balance of the claim (£xxxx) without further conditions and I will inform the court that the claim is settled.

 

 

I trust this clarifies my position.

 

 

Yours faithfully

 

 

[signature]

 

 

[print name]

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

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Thanks for the advice Jowalshy

 

Has anyone had any responses to the above letters, whats the usual outcome. If they remove the money from my account, are they likely to go to court or do they usually simply pay the interest in after receiving the letters above.. Not sure I want to take the risk of losing the settlement already offered. Can anyone help please

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Yes those are the letters. Forgot to add the link....whoops!! :rolleyes: Sorry.

 

They do seem to be doing this to quite a few people at the minute.

 

Some others who are sending the letters are..

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/80105-mackem67-halifax-4.html

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/63645-chopski-halifax-4.html

 

Just so you can see how they are getting on.

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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Thanks sea-side

 

Mack and Chopski's threads seem very similar to mine.

 

I have drafted a letter to Halifax could you let me know if you think its OK to send.

 

Response to settlement offer.

 

Dear Mr Dean

 

Thank you for your letter dated 25/05/07. I respectfully accept your offer of £XXXXXX as partial settlement of my claim.

 

My claim is for £XXXXXX as outlined in my Particulars of Claim, plus court costs of £80.00, and this claim will continue until payment is made in full.

 

I wish to stress that I do not accept your offer as settlement and the money transferred to my account should not be viewed as my acceptance.

 

Should you wish to settle my claim in full, then please forward the balance of the claim (£XXX) without further conditions and I will inform the court that the claim is settled.

 

I trust this clarifies my position.

or

Dear Mr Dean

 

Thank you for your letter dated 25/05/2007. I respectfully decline your offer of £XXXXXXX.

 

I commenced legal action against you for the full amount £XXX plus interest of £XXX and costs on 01/05/07 (served 08/05/07).

I wish to stress that I do not accept your offer as Full and Final settlement and as partial settlement only, and the money transferred to my account should not be viewed as my acceptance.

Should you wish to settle my claim in full, then please forward the balance of the claim (£XXX) without further conditions and I will inform the court that the claim is settled.

I trust this clarifies my position.

Not sure which one to use, any help greatfully received.

Thanks

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The second one. As you have included the court dates.

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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