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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
      • 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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Skins vs HSBC


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Mornin'

 

I am just filling in a couple of N1 forms for two accounts, and for fairly meagre sums, and have a few questions for you helpful people:

 

1. I am claiming only for charges incurred (+ std. 8% interest) and not interest charges because there don't seem to be any - is this fairly normal?

 

2. Is it recommended to only claim for the last 6 years charges dating back from the N1 form date?

 

3. I assume my court fees are included in the costs I can claim back if I win the case? (As I have said: my claims are for fairly small amounts which makes this quite a large issue.)

 

Please excuse me if these have been answered before (I'm sure they have) but as you can see I've been registered on the forum for a while and have been slowly absorbing the information, but I haven't come across these particular questions.

 

Thanks in advance for your help.

 

Matt :)

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Thanks Michael

 

I've been looking at the guide to filling in the N1 form: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

and I'm a bit confused with the daily interest calculation:

 

"Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day [(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day)] OR at such rate and for such periods as the court deems just."

 

If I enter my CHARGES figure in pounds and multiply this by the daily interest in percent (0.00022) then surely the answer will also be in pounds and not pence like the example above, or am I missing something?

 

Also, when exactly is the "date when the money became owed to you"? Is that the date of the first charge you are claiming for?

 

Thanks again, Matt :)

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If I enter my CHARGES figure in pounds and multiply this by the daily interest in percent (0.00022) then surely the answer will also be in pounds and not pence like the example above

 

Yes and no, eg £495 x 0.00022 = 0.1089 as you say the answer is is pounds, it's just that there aren't any, in other woprds the daily rate would be £0.11p

Also, when exactly is the "date when the money became owed to you"? Is that the date of the first charge you are claiming for?
Yes

 

There are new POC's for HSBC here

http://www.consumeractiongroup.c o....lates-library/

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  • 3 weeks later...

Just had a letter back from Trowbridge Court in response to my N1:

 

Further to your request to issue a claim for bank charges. the Resident District Judge has directed that all bank charge claims currently going through this court are to be stayed and that all new claims are top be stayed on issue. In light of this, please confirm whether or not you wish this claim to be issued. please note that court staff cannot comment on the legal implications of issuing or not issuing at this stage.

 

Can anyone translate the last two sentences into English for me?

 

What are the legal implications of issuing or non issuing and why would anyone not wish their claim to be issued after going to all that trouble?

 

Thanks in advance, Matt :)

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Just had a letter back from Trowbridge Court in response to my N1:

 

 

 

Can anyone translate the last two sentences into English for me?

 

What are the legal implications of issuing or non issuing and why would anyone not wish their claim to be issued after going to all that trouble?

 

Thanks in advance, Matt :)

 

I believe this merely means, are you willing to accept that your case will be automatically stayed. If yes then they will issue, if no then I guess they will refund your money and your claim will be cancelled...

 

That's how I would read it.

 

Penfold

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its the same as mine & yours though isnt it where the judge has put a stay on off his own back. he will look at a case of hardship if an appeal is made against the stay. is that right?

 

 

Maybe the system just cannot cope with so many cases...after all they has never been so many people all going after the same people for so much....

 

Judges are just fed up and do not know what to do. Looks like no-one actually wants to stand up and they all want direction from the OFT Case.

 

The problem for all of us is it is ridiculous! I cannot get to court for a case that I know will not get there....How silly is that...I will say to the Judge as my final coment on my stay hearing, you and I both know that HSBC will never come to court and settle before the date, so why can you not just let this proceed?

 

Penfold

 

PS I'll prob get contemp of court an £5000 fine.....LOL

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so if your in hardship you pay the £120 to submit your claim to the court and at the same time £35 to apeal against the stay.

 

I think the Judges have been taking lessons from the banks

 

pete

 

 

Exactly...what a joke!

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