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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 
      • 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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Not Won Yet, However Read On.


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Just thought I would post this blog to give people a little glimmer of hope.

 

I was initially trying to reclaim just over £4500 from Lloyds TSB. I asked them for a refund to which I received a bog standard, automated reply. The answer was a firm NO.

 

I wrote again threatening to take them to court (sent via recorded delivery), if I did not get my money. I received no reply.

 

I then sent a third letter and reduced my amount to £3500 as an offer settlement, again recorded delivery. I again mentioned I would persue this in the courts. No reply.

 

I have since filed a case on the 'Moneyclaim' website which cost me £120. This was on the 19th June. I received a letter from a solicitor (30.06.07) acting on behalf of Lloyds stating that they have no admission of liability, however are willing to enter into settlement with me!!!

 

I am currently liaising with the court on the next step, but just thought I would let others know then they are not put off by this process.

 

It is daunting taking on the banks, BUT if I get my refund it is well worth it.

 

:oops:

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Well done you, I hope they settle quickly for you. And you're right, people do need to hear as many success stories as possible

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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Personally, I think it's a personal decision and individually we should decide what we are prepared to take

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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Personally, I think it's a personal decision and individually we should decide what we are prepared to take

 

You are quite right it is up to everyone to decide what they are prepared to settle for - just strikes me that LTSB will actually feel that they have 'won' this case if the settlement is made at the lower rate.

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I know what you mean, but sometimes, it's a case of weighing up how much more of the process you can take against the offer made (for some people). I think it depends on what the amount means to that person and good luck to anybody who is willing to settle for a little less

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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and good luck to anybody who is willing to settle for a little less

 

But why - we all know that LTSB will play the waiting game - but at the end of the day will always settle (providing claim is prepared correctly) and what is the point in giving away almost 30% of the money that they have unlawfully taken from you - I reiterate that LTSB will count this as a victory this is exactly what their stalling tactics are deigned to produce!

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I'm not advising that people should settle for less, I'm just saying that for this process you need nerves of steel in some cases, and not everybody is willing to put themselves through it from start to finish

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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Hopefully the OP has done exactly this and actually looked in the success forum there.

If you havent then have a look in there and make your decision.

The choice is yours at the end of the day and it may be that the offer is good enough for you and that it is really needed at the moment.

The latter offcourse is what all the banks hope for and by dangling that carrot some people will bite. I also feel Lloyds would regard this as a success.

Good luck with your choice whichever way you choose.

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Agree with BigMac, often people reclaiming charges have other debts and really need the money ASAP so are willing to settle for less than they could get.

 

Ideally you would always hold out for the full amount, but things are not always ideal.

 

If you can wait adnaloy and are willing to go to court if need be (for some people this can be very daunting but with the help of CAG it shouldn't be) then you should get the full amount.

 

Really it comes down to your personal choice.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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My partners banks' solicitors SC&M have been carrying on with this "without prejudice negotiaion" rubbish for months. This is a delay tactic - I'd be interested to see when they settle with you, and do hope that for you it is speedy - I can't help but have my doubts. Their time has definitely run out as at 4.00pm today and we are filing for High Court judgement.........................

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