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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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drjimbo Vs HBoS Encouragement needed


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Having spent time looking at old threads etc i would like some advice and encouragment as to my course of action.

 

Sent my 'Statement Request' letter in late March.

Cheque was cleared 13th April.

As of today no statements, reminder sent today.

 

Estimate charges to total £2-3k

 

Next step send the required letters

Once deadline of LBA letter past/final offer recieved contact FOS.

 

Does this sound like i've got things in hand or am i way off the mark???

 

Thanks in advance

 

:???:

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Looks good to me.

 

Stick to your own timetable and don't le the bank delay you.

 

Regards, Rooster.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

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Having spent time looking at old threads etc i would like some advice and encouragment as to my course of action.

 

Sent my 'Statement Request' letter in late March.

Cheque was cleared 13th April.

As of today no statements, reminder sent today.

 

Estimate charges to total £2-3k

 

Next step send the required letters

Once deadline of LBA letter past/final offer recieved contact FOS.

 

Does this sound like i've got things in hand or am i way off the mark???

 

Thanks in advance

 

:???:

Keep pressing re the statements - if they are outwith the 40 days then complain formally to the information commissioner (although this does take time for them to write to halifax and get a response). Halifax now seem to be taking a tougher stance so you'll get a KB at prelim letter stage and a 50% offer at LBA - phone them at this point and negotiate - make it clear you'll accept nothing less than full refund. If they wont agree then take court action and they normally pay out quickly with 8% interest. Stick to the rules and you'll get there in the end.

All comments are my personal views - if in doubt then seek professional advice. If you think i've helped then please tip my scales.

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Am going to go with FOS as charge total £2k+, when sending the prelim and LBA letters do i threaten with court action or with FOS?

Court action - if you dont then halifax treat the claim in a different less favourable way.

All comments are my personal views - if in doubt then seek professional advice. If you think i've helped then please tip my scales.

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Have spent the night in the attic looking out old bank statements, am only missing three out of the last five years. Totalled the charge on the ones i have (£3300), do i wait for the missing ones or can i go ahead with maybe 1 or 2 missing? Quite happy to go for £3300. :D

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Why are you not going for the full amount? After all, it IS your money that they have half-inched!!!

 

I'm going the full way! If you look at my thread (Dusary vHBoS) - you'll see how much they have removed from my 2 accounts over the past 6 years.

 

Goodness only knows what they have taken BEFORE that - I'm awaiting my full banking history.

 

I'm not sure about Stornoway's comment, though.

 

Since we are in Scotland and are way over the financial limit for the Scottish Courts, are we not best to wait until we receive the bank's "This is our full and final offer - push off kiddo' " and THEN go running screaming to FOS?

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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in your letter you MUST use the templates in here which threaten court action. If you do that then Halifax will;

- offer nothing at prelim

- 50% refund at LBA

- they will be prepared to negotiate upwards following LBA to a max payout of 100% of charges

- if you launch court action they will pay out fairly quickly.

 

If you have to go to court you can do it in england as i have done by using an english correspondence address. I opened a mailbox with "mailbox etc" in preston and put this address on the claim docs - all docs then get posted up to me.

All comments are my personal views - if in doubt then seek professional advice. If you think i've helped then please tip my scales.

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  • 3 weeks later...

you can send the LBA now, if you sent the template prelim, you will notice you have said to them

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect.

 

which states quite clearly the time limits, they have responded in a negative manner therefore you can send the LBA ;-)

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Take Stornoway's advice!!

 

He/she knows what they are talking about - believe me!

 

And stevokenevo's as well!

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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Wait for the 14 days as you have said that you will give them 14 days to accept unconditionally. Then send the LBA. They could have, unlikely, a rethink within the 14 days? Just keeps things all neat and you know you have complied and been reasonable.

:DABBEY-WON! £1,359.34

:confused:CAPITAL ONE WON £1,523.27+£39court fees.

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