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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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Dinkydoo vs HSBC ** WON**


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Hello Dinkydoo!

 

Am not sure whether your TWO HSBC Threads are concerning the same Claim, or that U have TWO Claims with them on the go at the same time??!

 

Millymollymoo's Barclaycard Thread is debating the Consequential Loss issue of unlawful Penalty Charges affecting her Mortgage + long term housing...

http://www.consumeractiongroup.co.uk/forum/barclaycard/63394-millymollymoo-o-h-barclaycard.html

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Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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If (lol) we win on the 9th July 2007 then the judge will naturally have concurred that the charges were unfair. This surely means that we will be able to sue the HSBC for compensation as a result of them placing us in a position where we had to sell our house. It was due to the massive charges and undue financial pressure that we sold our property.

 

In for a penny, in for a pound....anyone know a good solicitor?

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Dinky the legal process is slimy, you wont get to court, my bet is you will have a full offer tomorrow or friday, gives a little leeway for argy bargy before you settle and enough time for the money to get to you so the claim will be cancelled before your court date.

 

pete

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Castlebest...no post this morning. Lets hope the Postman brings a letter from them on Friday. A day in court may make us feel better though as we would be able to properly get things off our chest. Don't care either way really it isn't about the money any more for us. We lost more than just cash, we lost our home in the process.

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Hiya Dinky, just for fun you might want to read this thread if you havent seen it already

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/56051-nooey-hsbc-court.html?highlight=nooey

 

post #23 onwards.

 

This is the only person I know of that this has happened to, its interesting to note the judges questions... yes just three... Did you have any trouble parking? Have you heard from the bank? and has it cost you anything.

 

You should be as prepared as you can be because the unexpected has a habit of jumping up and biting us all on the arse but don’t be frightened if you do have to go to court.

 

pete

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Read too many threads and got in a bit of a state. We had not paid an allocation fee (nor asked too) and I have read that cases had been struck out for non-payment.

 

E-mailed the court and asked if one was payable and they replied not at this point?? Kept the email obviously.

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Looking forward to a court date to be honest Freakyleaky. want to discuss the finer points like why we had to sell our home due to presure from the HSBC who we had our mortgage with as well. Its great when the bank charges you more some months than the mortgage repayment and then reminds you you haven't kept up with your mortgage repayment. Boy do I hate the HSBC.

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Hey dd, I have read your story and I hate them all the more after doing so. I wish you all the luck in the world and hope you get to see them squirm.

I would have told a similar story to yours around 10 years ago but it was the halifax who did it to me. Unfortunately there is never a face behind the decisions with these banks.

10 years on and I am only just getting back on track due to the bully boy atitude of the halifax.

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Once a judgement has been made we intend to push matters further. lets face it once the judge states the charges were unfair we WILL be in a position to demonstrate that but for them we could have kept up our repayments. The next move is to take on the Nationwide who were partly responsible for the same.

 

The Banks have licence to print money (or rob money) and it is about time that the man in the street put a stop to it as government clearly won't.

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NUDGE LETTER...I don't think so!! Decided that I would be less than courteous.....as they generally are. Here is the letter sent.

 

To DG Solicitors

 

Dear Sirs

I last wrote to you on the 13th June 2007 with regards to the claim number above.

At the time of writing I have not received any communication from you in this matter and the lack of even a courtesy acknowledgement is duly noted. Given your refusal to enter into any communication with regards to settling this matter in an amicable manner I believe you have now had more than reasonable time in order to do so. Your ignorance to my correspondence is quite frankly appalling.

My claim is for the sum of £2072.19 (plus additional interest up to the date of judgement) which means I will not currently settle for less than £2094.31 at the date of writing.

Please do not insult me with a last minute attempt to negotiate an early settlement in favour of the Defendant for a lesser sum of money. I am more than prepared and happy to proceed to court unless the claim is now paid in FULL.

I look forward to receiving either a cheque for the full amount or the court date whichever comes sooner. I will not agree to any confidentiality clauses nor waive any other rights in respect of any other actions.

Yours faithfully

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That’s almost as bad as some of the letters I send them nice one dinky..

I wish you all the luck in the world but unfortunately it is unlikely your case will get to court and get a judgement, DG will make you a without prejudice offer for the full amount you are claiming before your court date and you will need to think of a damn good reason not to accept, after all they are offering you everything you are asking for.

This will effectively remove any danger of further action by you because there was no judgement.

My advice is take the money and forget it, when it happened to me there were no web sites like this to help me and this has cost me literally thousands so I now get my pleasure helping others get their money back and I know many others do the same. we have caused a leak in their profit margins, it may be small in HSBC's the overall scheme of things but its there and they cant stop it.

 

pete

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Advice from those in the know please.

 

Would a settlement out of court (instead of a judgement) mean that we could no longer pursue the HSBC. By that I mean if we go to court and the judge rules in our favour this means the charges would have been deemed unfair in law. We could then further claim that we had to sell our property as a result of inability to keep up repayments based upon HSBC applying UNFAIR charges. If we settle out of court no judgement would have been made.

 

Anyone in a position to give advice?

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DG have sent a letter today stating a cheque has been sent in the post and requesting we sign their letter stating the agreed settlement funds have been accepted. As we have not received a cheque we are not signing anything of the sort. Also the alledged cheque is only for the basic amount claimed without the interest. This is unacceptable and we will not agree.

 

Their eleventh hour attempt to save the HSBC will fail this time and I think we should just go to court. At least the judgement will order them to pay in full including the interest up to the 9th July 2007.

 

I hate their complacency.

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That is absolutely sickening to hear. It seems really underhand.

There is a great template letter in the rejecting claims thread for just this scenario.

That does seem like bully boy tactics. Low offer so close to the court date in the hope you will panic and accept.

Sneaky!

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