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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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b8byd v HFC


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Hi guys

 

I finally received my statements from HFC today but i'm having trouble working out what I can claim... here are the items the statements list:

 

ADMIN.FEE ASSESS (all 15.00)

LEGAL FEES (50.00!!!)

DEBIT ADJ (20.00)

INT CAPITALISE (varying amounts)

ADMIN FEES (30.00)

 

Can anyone who has successfully claimed tell me which ones I can claim back. Are legal fees unlawful (never went to court so don't know what they're for)? And how much interest can I add to my claim?

 

Sorry for all the questions in one post...

 

b8byd

b8byd :D

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You can claim all the admin fee/assess. I did have legal fees on mine but it was so long ago, I can't remember if these were correct or not, so I ignored them. I've just logged my claim on line, because they were refusing to acknowledge mistakes that they had made in their accounting. My advice to you would be to look through each transaction and make sure that they are calculated properly. There were £120 worth of mistakes on mine and this is what they have refused to acknowledge so I'm taking them to court for that

HFC Bank - First letter claiming £196/LBA sent/£75 offered/rejected/Claim filed

HFC Bank Take 2 - Statements received

A & L - Prelim sent/LBA sent

Barclays (for my Dad) - Awaiting statements/LBA for S.A.R. sent/Statements received/Prelim sent/LBA sent

A & L (for my Son) - Awaiting statements/Statements arrived Prelim letter sent/£280 offered and rejected

Abbey (for my Sister) - ***Won***

Barclays PPI claim

Studio - ***Won***

HSBC - (for my brother-in-law) ***Won*** 8-)

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Thanks RussJo. I sent my prelim yesterday and as I wasn't sure what to include, I decided to claim all the fees on the basis that they are all unproportionate. I didn't know what to do about interest, so I just added 8% under the s.69 CCA. Not sure what will happen, but I guess i'll soon find out! Watch this space...

b8byd :D

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I wouldn't add the 8% interest at this stage as you are not entitled to claim this until you file your court claim. Don't worry though, adjust it in the next letter if you need to. They may come straight back with an offer you are willing to accept, although I must admit, mine was a lousy one. See what happens but I'll keep watching

HFC Bank - First letter claiming £196/LBA sent/£75 offered/rejected/Claim filed

HFC Bank Take 2 - Statements received

A & L - Prelim sent/LBA sent

Barclays (for my Dad) - Awaiting statements/LBA for S.A.R. sent/Statements received/Prelim sent/LBA sent

A & L (for my Son) - Awaiting statements/Statements arrived Prelim letter sent/£280 offered and rejected

Abbey (for my Sister) - ***Won***

Barclays PPI claim

Studio - ***Won***

HSBC - (for my brother-in-law) ***Won*** 8-)

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  • 4 weeks later...

I have received a tiny offer from HFC... but have decided to accept this on condition that they remove all three defaults that have been applied to my credit file.

 

You can see from my other thread (http://www.consumeractiongroup.co.uk/forum/general-debt/78968-b8byd-hfc-bank-default.html) that I have had no success persuading them to do this so far.... so wish me luck!

 

I have made this counter-offer on a without prejudice basis so that if this claim does end up going to court, they cannot disclose to the court that I was prepared to settle for such a low amount.

 

Will keep you posted...

b8byd :D

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Received a chirpy phone call from Claire Young from HFC saying she wanted to discuss my claim, which stupidly got my hopes up. She informed me they would not be removing the defaults but asked if I would still like to accept their (almost non-existent) offer. I declined and asked her to put their position in writing regarding the defaults.

 

I can't find any cases where people have been successful getting defaults removed - does anyone know of any as I need some hope?!

b8byd :D

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Hiya

I know that people have managed it, but it was so long ago when I was reading into that, that it'll take me some time to sort through. Hang in there and if I find anything I'll be back

Jo

HFC Bank - First letter claiming £196/LBA sent/£75 offered/rejected/Claim filed

HFC Bank Take 2 - Statements received

A & L - Prelim sent/LBA sent

Barclays (for my Dad) - Awaiting statements/LBA for S.A.R. sent/Statements received/Prelim sent/LBA sent

A & L (for my Son) - Awaiting statements/Statements arrived Prelim letter sent/£280 offered and rejected

Abbey (for my Sister) - ***Won***

Barclays PPI claim

Studio - ***Won***

HSBC - (for my brother-in-law) ***Won*** 8-)

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HFC Bank - First letter claiming £196/LBA sent/£75 offered/rejected/Claim filed

HFC Bank Take 2 - Statements received

A & L - Prelim sent/LBA sent

Barclays (for my Dad) - Awaiting statements/LBA for S.A.R. sent/Statements received/Prelim sent/LBA sent

A & L (for my Son) - Awaiting statements/Statements arrived Prelim letter sent/£280 offered and rejected

Abbey (for my Sister) - ***Won***

Barclays PPI claim

Studio - ***Won***

HSBC - (for my brother-in-law) ***Won*** 8-)

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Just got home to find letter in today's post as follows [dated 23 July]:

 

I understand that you remain dissatisfied with our previous communication and your complaint has now been escalated to me in accordance with HFC Bank's complaint handling procedure.

 

Having given careful consideration to all of the information available I write to advise that I am unable to uphold your complaint and have summarised below the basis on which I have made this decision.

 

Upon my investigation, I confirm following the announcement from the Office of Fair Trading (OFT), banks are only required to review their charges from the last six years. As a gesture of goodwill I am willing to increase our offer to 235.00. This is a full refund of all charges that have been levied against your account.

 

The default notices on your account have been caused by payments being received after the contractual monthly repayment date. We are required to record a true reflection of how an account is maintained with the Credit Reference Agencies. Therefore, we are unable to remove any default listings that may have been applied.

 

I realise that this may not be the response you were hoping to receive but it does nevertheless bring to an end the steps available to you through our internal complaint handling procedure. Should you remain dissatisfied the bank is obliged to advise you of your right to refer your complaint to the Financial Ombudsman Service, as this letter constitutes our final response.

 

Further details about the Ombudsman scheme are set out in the enclosed leaflet and you have six months from the date of this letter within which to refer your complaint to them should you decide to do so.

 

Yours sincerely

 

How are people proceeding now that a test case has been announced - are we advised to sit tight and await the outcome of that?

 

I would appreciate any advice as to how to respond bearing in mind my primary concern is default removal. Is it even worth trying to prove that the charges caused the defaults or is there no point answering their letter as I seem to have exhausted HFC's internal complaints procedure?

 

Many thanks in advance

b8byd :D

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*bump*

 

I would really appreciate somebody's advice on this. I've been offered a full refund of all charges but NOT default removal. Given the current status of things, would I be crazy not to accept their offer?

b8byd :D

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  • 1 month later...

Hi b8byd,

 

Any update on this one? I'm in a similar position with Defaults from HFC and am challenging these separately to the charges issue, due to the Test Case announcement - might be worth taking a look as you could still pursue your Default issue outside your charges claim?

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/110146-car2403-hfc-bank-default.html

 

And the background, here; (You probably won't want the Ombudsman looking at your Default issue!)

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/111211-defaults-background-removal-methods-post1086715.html#post1086715

 

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  • 4 months later...

Nothing to report as yet. Each month I get a letter from the FOS saying that they are dealing with a large volume of cases and they are not in a position to allocate my complaint to a caseworker.

 

Anyone else recently been in a similar position? If so, how long did it take for someone to deal with your complaint?

b8byd :D

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The FOS generally deal with cases within 8 weeks - Court would take longer.

 

Loan accounts aren't stayed, but doesn't stop the Court staying it incorrectly. You can ask for it to be lifted under that basis though, but could need a fight with the Court to get that far.

 

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The FOS generally deal with cases within 8 weeks - Court would take longer.

 

That would be nice! I've been waiting since August 2007 for the FOS to deal with mine. :lol:

 

I think I will send a further LBA to HFC (as a final attempt to appeal to their better nature) and then take this one to Court. I really need the defaults removed.

b8byd :D

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