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    • I was caught speeding 3 times in the same week, on the same road. All times were 8-12mph higher than the limit. I was offered the course for the first offense and I now need to accept the other 2 offenses. I just want to be ready for what might come. Will I get the £100 fine and 3 points for each of them or do I face something more severe?  These are my only offenses in 8 years of driving.
    • I'll get my letter drafted this evening. Its an item I sold, which I'm also concerned about, as whilst I don't have my original purchase receipt (the best I have is my credit card statement showing a purchase from Car Audio Centre), I do unfortunately have the eBay listing where I sold it for much less. But as I said before this is now a question of compensation: true compensation would seek to put me back into the position I was in before the loss ie: that title would remain with me until my buyer has accepted this, and so compensation should be that which would be needed to replace the lost item. But in the world of instant electronic payment, it could be argued that as I had already been paid, the title to the goods had already transferred, and I was required to refund the buyer after the loss. And so, despite my declared value being the retail price - that which is needed to return me to my pre-sales position, the compensatory value should be the value I sold it for, which being a second-hand item from a private seller is lower. I still believe that I should be claiming for the item's full value, rather than how much I sold it for, as this is the same for insurance: we don't insure the value we paid, but rather the value of the item to put us back into the position we would be in if we ever needed to claim. Its for the loss adjuster to argue the toss
    • amusing that 'bad economic judgement on behalf of prior party ISN'T a major reason to wingers to move to deform yet immigration is, where record levels of such has been driven by the right wings terrible brexit and the later incompetent dog whistle 'proposals largely driven to whistle to the right wingnuts Just seems to confirm the are clueless numpties 'wetting their own shoes   Has farage bought a property in Clacton yet?   yet concern for the NHS is listed as a major issue even by those saying they are moving to deform  
    • Also, have you told us how much you paid for this vehicle? Are there any other expenses you have incurred – insurance, inspections et cetera? How far away from the dealership do you live?
    • In fact I see that in the document you posted above – your letter to big motoring world you refer to the diagnostics report and you say that you sent a copy to big motoring world but you haven't let us see it. Any reason for this?
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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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curlysteve
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My story started a few years ago when HSBC deposited several hundred pounds into my account by mistake. I foolishly spent it and then got a letter saying about the mistake and that I must repay it imediately. I couldnt, so they set up an overdraft for me. this went from bad to worst, so they set up a loan, which I couldnt afford to pay back. so then I had a loan and a overdraft that I couldnt repay. They closed my account and sent my debt to a collection agency. Recently I found out that I could reclaim the charges, so sent them the relevent requests, I didnt hear from them so I started the process of small claims, borrowed the money from my Mum for the court costs. my claim was for £1625.12 including interest, plus £120 costs. HSBC entered a defence and I have just received an offer of £1228.25, which is equal to the charges, minus a small mistaketaht I made of £35.25 for a card recovery fee which they are not willing to refund. They do not accept that the "interest" is appropriate and do not accept responsibility so will not pay the court costs. They have offered to send a cheque to the collection agency to reduce the loan, rather than pay a cheque to me. I have been paying off the debt with the collection agency. I need this money to straighten my spiralling debts and to pay my Mum back. The HMCS money claim online sent the case to wales by mistake, so I am now waiting for it to be sent to cornwall for the next stage. I really am unsure what happens next and how I should carry on...... Please help. I will be more than willing to make a donation to the cause if I finally win this case. I am also trying to get my finances together so I will not fall foul of anything like this in the future. Cheers, Curly Steve

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Hi Curly,

I would say carry on. If you have filed a claim, then you should be in a position to claim the interest and your court costs. Don't let them bully you into taking less than you are entitled to. I know it means more waiting around but it will be worth it. You should also be able to stipulate that the cheque should be sent to you (when they finally make the full settlement of course)

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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Sorry, what I mean by carry on is await the court's instructions. Keep an eye on the transfer of your case from Wales to Cornwall and make sure it gets there in one piece. Then wait for the judge's instructions. Keep posting and reading in the mean time

:)

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, its quite daunting, but comforting to know there's support out there in cyberland....! I've been skint for long enough, a while more wont matter........:)

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hi steve

 

the offer came from HSBC i presume rather than DG solicitors?

 

not sure if they have the right to pay the money straight to the collection agency - somebody else will know

 

if you want to press on & get the whole lot back then you need to do a rejection letter telling them youve now filed your claim with the court.

 

there will be lots of help offered for you here which will hopefully get you someway out of this situation.

 

good luck :)

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Hiya steve, try to get what you and HSBC are doing into perspective and ignore the whys and wherefor's.

 

HSBC charged you and took the money from your account, as it happens this was unlawful. This money is your money they should never have taken.

 

HSBC sold their debt (you) to a third party (who are probably HSBC under another name anyway) this was not your choice and HSBC have their money back from this sale.

 

Now... tell me HSBC have a right to give YOUR money to the said third party, they dont, its your money you want it in your back pocket. Stick to your guns and you will get it.

 

pete

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Thanks again.:) At the end of the offer letter, it suggests that if I do not respondwithin 10 days, they will take it that i have declined the offer. Do I need to write to them and what do I need to say...? Cheers, Curly

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Hi,

I would carry on. I claimed for 2566.41p their first offer was for about 1200 which i refused and they said they wouldnt pay any interest. But i received a letter from them this morning (only one week before court hearing) offering me 2823.81 which included statutory interest up until this date!! so now i can only encourage people to go all the way. !

Good Luck

 

P.s I would have spent it too, good way for the bank to make loads of extra cash out of someone, dangle some money in front of you and when you spend it hit you with interst on loans and overdrafts, let alone the impact on your credit rating. I'm suprised they dont do it all the time

 

Suzy

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Hi All,

I have just received a 'Standard order for stay for settlement with consent of all the parties'. I'm not sure what this means, but surely HSBC have been given plenty of chances to settle. Why should they get more time..?

The judge orders that the claim is stayed until 06 August 2007 to enable the parties to attempt settlement.

I'm confused.......:confused:

 

Anyway, hope you're all well and Thanks again....:)

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Hi steve, you need to write to your Judge and apply to have the stay set aside on the basis that you have been writing to DG on a regular basis (nudge letters) and have had absolutly no responce. here's the thread.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay.html

 

pete

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Thanks for that Pete, I have had a look and am sorry to say that I am still unsure what to actually write to the judge, and wont this **** him off...?

I'm not too clever with this sort of thing.

Thanks in anticipation

Steve:confused:

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the judges are getting hacked off with banks. The judge at my court didnt even bother with a Q&A form, and give the banks a few days to settle. They also ASKED D&G to provide any evidance to any case the have succesfully defended, as of today they have failed to do so. On monday I apply for a warrant of execution.

 

I was also offered a settlementm which I have turned down

good luck

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Thanks once again. So should I cut and paste the application for removal onto a letter to the Judge. Also, would I have to leave out the 'in the alternative', because non of these are relevent.

Cheers:)

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I found this on the HM court site:-

Applications

 

To apply on notice for judgment to be set aside £65

To apply to vary a judgment or suspend enforcement £35

To make an application on notice £65

To apply for a summons or order for a witness to attend £35

To apply by consent, or without notice, for a judgment or

order.

This does not include requests for judgment on

admission or in default for which no fee is payable£35

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

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you dont have to ask for the stay to be set aside but I think you should write to your judge anyway stating you have been trying to resolve this for x months and have had absolutly no response at all from DG, maybe listing the dates of your nudge letters..

 

pete

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  • 2 weeks later...

Hi, Now I am even more confused, I sent a letter to the judge asking for the stay to be removed and not heard anything.

I have just read about this test case witht the banks and the OFT. What does this mean in stupid persons langauge, will my case be heard or not.....? and if so, then when...

Much Thanks

Steve:confused:

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