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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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Missy v Halifax ****WON ****


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i started doing that missy and found it FAR too confusing and I use spreadsheets quite a bit at work.

 

Decided to put the costs in without the interest....thought that'd be safer for me

"Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"

 

Brad v Halifax

22/08/06 - Preliminary Letter sent requesting full repayment of charges

06/09/06 - LBA sent to bank

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From what I've worked out during the "reading-of-the-site" prior to starting action, it seems a lot more hassle than it's worth to try and calculate the interest you can claim. The 8% bit is easy enough - double-check you've copied the info across properly in to each field on the spreadsheet, and you may find it's a simple input error on your part that's giving you the 'REF!' and 'VALUE!' responses.

As for claiming the interest that Halifax have debited from your account, you need to separate what are lawful overdraft interest charges (which you can't claim) and the extra interest charges that have resulted directly from previous charges being applied (which you can claim). This is where the confusion really starts - it's probably easiest to accept that you will get the 8% without a fight, and consider that as a bit of a bonus. That's what I'm doing! In my case, this will be approx £450 on top of the charges.

 

From my (limited) experience of being half way through my one and only claim, I've found that Halifax are likely to send a goodwill gesture offer shortly after receiving the LBA. I've just replied to mine, and MCOL starts on Friday.

The only extras I got were extra charges. Thanks, Howard. :mad:

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OK thanks guys.

 

I had already come to the conclusion that I wasnt going to bother with that interest part, but didnt wanna give up without even trying. Wish I hadnt of bothered now as it gave me a right headache!

 

Shall stick to my original plans and just do the 8% when the time comes. Will also have another look to see where I've gone wrong with the errors coming up.

 

Thanks again,

 

Missy xx

 

P.S 274- Love your signature!

Halifax Sept 2006- SAR, Prelimanary Letter, LBA, MCOL, Settled & WON! :lol:

MBNA started March 09- SAR,Prelimanary Letter, LBA, WON! :lol:

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Good luck Missy and don't worry.. You remember what I had to go through!

Current Account Halifax

25th May sent Data Protection Act recieved 19th June

20th June Request Charges Letter Sent

29th June £170 offered..

4th July LBA sent

16th July £507 offered

25th July MCOL claimed

30th July Deemed Served

15th August Applied for Judgement

24th August Paid out in full

 

 

Read, ReAD READ!!! Its THE Only Way 2Win!!!

Make a 5% donation to the site, Help them to Help You.

Any advice that I may give is only through experience of my own claim.

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P.S 274- Love your signature!
Thanks! Got an e-mail yesterday with a picture of the lovely Howard holding a sign. Sadly, the contents of the sign aren't really suitable for this site, but it's very funny! If you're not too deeply offended by the use of a four-lettered word beginning with "C", let me know and I'll forward it directly to you. I'm currently using it as my screen-saver!

The only extras I got were extra charges. Thanks, Howard. :mad:

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Well today is the 14 day deadline for the preliminary letter. Still waiting for the post, if there's nothing (which there wont be) then I'm off out to post my LBA.

 

:)

Halifax Sept 2006- SAR, Prelimanary Letter, LBA, MCOL, Settled & WON! :lol:

MBNA started March 09- SAR,Prelimanary Letter, LBA, WON! :lol:

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Had an offer of a partial amount. Sent letter back next day declining and stating the terms of LBA and that I want my full amount. Just waiting for 21st now to begin my claim.

Halifax Sept 2006- SAR, Prelimanary Letter, LBA, MCOL, Settled & WON! :lol:

MBNA started March 09- SAR,Prelimanary Letter, LBA, WON! :lol:

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I suspect they'll make you wait a little longer. I actually got a second offer from them (jumped from £700 to £2100 approx, which they said was equivalent of 6 months charges!) Funniest part about the 2nd offer was that it was written the SAME DAY as the letter saying they were backing down and paying me everything (charges, interest and court cost!) - purely as a business decision, of course! This came the day after they told the courts they intended to defend all of my claim. Just waiting for the money (All £3,596 of it!) to appear in the bank now.

Not long left for you Missy! You're nearly there.....

The only extras I got were extra charges. Thanks, Howard. :mad:

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Hi 274 - Can you send me that screensaver - my kids are still too young to read so will be able to use it!

Nikkiandmidgets Vs BOS (3) - S.A.R sent 11/09/06

 

Nikkiandmidgets Vs Capital One (2) - S.A.R sent 11/09/06, Prelims sent 20/10/06, LBA's sent 16/11/06

 

Nikkiandmidgets Vs Citi credit card - S.A.R sent 11/09/06, Prelim sent 9/10/06, LBA sent 28/10/06

 

Nikkiandmidgets Vs Halifax - S.A.R sent 11/09/06

 

Nikkiandmidgets Vs Egg (4) - S.A.R. sent 20/10/06

 

Nikkiandmidget Vs Littlewoods (3) - S.A.R sent 20/10/06

 

Nikkiandmidgets Vs Blackhorse - Prelim sent 20/10/06 requesting £125 charges to be refunded. LBA sent 16/11/06.

 

Nikkiandmidgets Vs Welcome Finance (Macadam Finance) - S.A.R and C.C.A request sent 20/10/06

 

My Mum Vs Halifax - S.A.R sent 11/09/06

My Mum Vs Capital One - S.A.R sent 20/10/06

My Mum Vs Citi - S.A.R sent 20/10/06

My Mum Vs SLC - S.A.R and C.C.A sent 09/10/06

 

Husband Vs BOS (3) - S.A.R sent 20/10/06

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Right. I'm all set to do my claim today with mcol.

 

But I'm a little worried with the recent action around the movements to Mercantile Court.

 

1).I'm having to borrow the money for court costs and so don't want to be in th situation where I'm possibly 'stayed' indefinitly on the outcome of the possible test cases. 2). The thought that my case could be transfered and possibly be a test case terrifies me.

 

What do you advice I do? Carry on today and file my claim? Or wait a little while and see what develops with these test cases? As I said, I'm just worried that I could get 'stayed' by the CC for months and this worries me with borrowing the court fees to file in the first place.

 

Thanks for any advice.

 

Missy xx

Halifax Sept 2006- SAR, Prelimanary Letter, LBA, MCOL, Settled & WON! :lol:

MBNA started March 09- SAR,Prelimanary Letter, LBA, WON! :lol:

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good girl...hopefully this time next week you'll be sitting there with the dough in your bank :)

"Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"

 

Brad v Halifax

22/08/06 - Preliminary Letter sent requesting full repayment of charges

06/09/06 - LBA sent to bank

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p.s.

 

sorry...didn't mean that to come across as patronising, apologies if it did

"Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"

 

Brad v Halifax

22/08/06 - Preliminary Letter sent requesting full repayment of charges

06/09/06 - LBA sent to bank

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Lol...no of course not, and thanks for the support and encouragement...think I just needed to hear it!

 

And as for it sitting in my account hopefully soon... It wont stay there too long as I've just started my Masters and I'm in desperate need of books and a good night out!!!

 

Missy xx

Halifax Sept 2006- SAR, Prelimanary Letter, LBA, MCOL, Settled & WON! :lol:

MBNA started March 09- SAR,Prelimanary Letter, LBA, WON! :lol:

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oops...oh well, at least you'll get the rest back

 

for the subject of claim, what did you put? I was going to put "unlawful penalty charges", is that ok?

 

Thanks

Brad

"Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"

 

Brad v Halifax

22/08/06 - Preliminary Letter sent requesting full repayment of charges

06/09/06 - LBA sent to bank

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Your not gonna believe this!

 

Well as you know if youv'e been reading my thread I submitted my moneyclaim online Monday. Friday morning checked and they'd acknowledged the claim. Came home from uni friday evening to find a letter off them saying they were settling as it isn't cost efficient for them to defend claim!!

 

I cant believe it! Three days after filing they back down...I thought they'd of held out longer.

 

Money will be in my account in next 7 working days!! Perfect timing really as I desperatly need uni books and off to Egypt next week :)

 

Thanks Everyone who supported me.

 

Missy xx

Halifax Sept 2006- SAR, Prelimanary Letter, LBA, MCOL, Settled & WON! :lol:

MBNA started March 09- SAR,Prelimanary Letter, LBA, WON! :lol:

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missy that's REALLY wonderful news (and not because I'm about 2 days behind you)

 

Enjoy the money, the holiday and good luck with your masters :)

"Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"

 

Brad v Halifax

22/08/06 - Preliminary Letter sent requesting full repayment of charges

06/09/06 - LBA sent to bank

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Thanks Brad! :)

 

So sorry I didnt see your message above before you filed....but well done for filing...you'll have your money too very soon! :) :)

Halifax Sept 2006- SAR, Prelimanary Letter, LBA, MCOL, Settled & WON! :lol:

MBNA started March 09- SAR,Prelimanary Letter, LBA, WON! :lol:

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Great news......you will prob get it before the 7 days !!

 

as you requested I have done the change......sorry its late as I not been online Monday much,!

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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  • 12 years later...

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

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Halifax Sept 2006- SAR, Prelimanary Letter, LBA, MCOL, Settled & WON! :lol:

MBNA started March 09- SAR,Prelimanary Letter, LBA, WON! :lol:

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