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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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EMILY & JOHN vc HSBC £9000 **ANOTHER WON**


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hijacker! no worry, i've already spent my "winnings" on a new kitchen, a new wardrobe (inc shoes!) and a holiday :)

HSBC £5600 : Paid in Full 31/8

HSBC £4700 : Paid in Full 05/09

MBNA £1780 : Paid in Full 8/11

Smile £2400 :Paid in Full 17/11

RBOS £200 : Prelim 11/10

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So then people, not much to report but the clock is still ticking.....

 

Claim 1 £5500 - HSBC still not acknowledged, so on 21st we win by default! Does anyone know how quickly we would get payment once we enforce a judgement? Surely they won't let it go that far?

 

Claim 2 £4500 - I have just sent a breakdown of charges to DG Solicitors as requested. I also told them in my letter that if HSBC wanted to consider settlement then I would only accept a cheque for the full amount.

 

So we patiently continue to wait......

HSBC £5600 : Paid in Full 31/8

HSBC £4700 : Paid in Full 05/09

MBNA £1780 : Paid in Full 8/11

Smile £2400 :Paid in Full 17/11

RBOS £200 : Prelim 11/10

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Good Afternoon!

 

Debbie & Dave vs HSBC £9000 also!!!

 

Have received a letter from the lovely Mr Colin Langdale this morning (bet he's busy at the moment!!)

 

Sounds like the same letter but plan to file claim as per schedule on 28th August (14 days from LBA).

 

His standard letter has made us all the more determined to pursue a refund of these ridiculously unfair charges!

 

Best of luck to you!

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Good Afternoon!

 

Debbie & Dave vs HSBC £9000 also!!!

 

Have received a letter from the lovely Mr Colin Langdale this morning (bet he's busy at the moment!!)

 

Sounds like the same letter but plan to file claim as per schedule on 28th August (14 days from LBA).

 

His standard letter has made us all the more determined to pursue a refund of these ridiculously unfair charges!

 

Best of luck to you!

 

Thanks guys, and good luck to you too. If you read our thread you will see that we also received a letter from Colin Langdale confirming their "final response" so we then went straight ahead with the MCOL. I hope to receive a letter confirming my settlement before too long!!!

HSBC £5600 : Paid in Full 31/8

HSBC £4700 : Paid in Full 05/09

MBNA £1780 : Paid in Full 8/11

Smile £2400 :Paid in Full 17/11

RBOS £200 : Prelim 11/10

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Good Afternoon!

 

Debbie & Dave vs HSBC £9000 also!!!

 

Have received a letter from the lovely Mr Colin Langdale this morning (bet he's busy at the moment!!)

 

Sounds like the same letter but plan to file claim as per schedule on 28th August (14 days from LBA).

 

His standard letter has made us all the more determined to pursue a refund of these ridiculously unfair charges!

 

Best of luck to you!

 

If he says it is his final response then you may aswell just file your MCOL now. That's what I did and many others have. No point hanging around if he says "Final" :D

 

You should have your money soon!

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OFFER MADE IN FULL £4615.79!!!!!!! clearly accepting subject to payment being received as a cheque, confidentiality agreement crossed out obviously!

FANTASTIC!!!

HSBC £5600 : Paid in Full 31/8

HSBC £4700 : Paid in Full 05/09

MBNA £1780 : Paid in Full 8/11

Smile £2400 :Paid in Full 17/11

RBOS £200 : Prelim 11/10

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thanks....and will win by default with claim 2 on 21st if nothing heard (monday). but wasn't the 18th yesterday, have you just won by default? you said it was sunday!!

HSBC £5600 : Paid in Full 31/8

HSBC £4700 : Paid in Full 05/09

MBNA £1780 : Paid in Full 8/11

Smile £2400 :Paid in Full 17/11

RBOS £200 : Prelim 11/10

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Yeah, I was getting really confussed with the dates so rang up the MCOL helpline and they said that HSBC have until midnight 21st or I can then file judgement by deafult. Looks like we're on equal paths then. Have they not made you any offer on your 2nd claim?

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no offer yet, always monday mornings post!? but re: my claim 1 , and yours, do you know how long it will take for them to pay up following a judgement? if they dont do me a cheque now am i going to have to wait for the 28days to expire ? yours are expiring on monday arent they but i only issed the MCOL week before last.

HSBC £5600 : Paid in Full 31/8

HSBC £4700 : Paid in Full 05/09

MBNA £1780 : Paid in Full 8/11

Smile £2400 :Paid in Full 17/11

RBOS £200 : Prelim 11/10

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I've no idea how long it takes, the helpline couldn't answer either. I think it depends on if you enforce it eg they still have paid up after a week of judgement you can send the baliffs in - this however costs you again. Am just hoping that they pay up quickly.

Chances are, like mine, if you still have an account with them they'll refuse to pay by cheque if you're overdrawn. In that case, unless you can talk them around, you'll have to hope you win by default.:|

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cheers m8

 

bit worried about this cheque situ,,,has anyone been in the same boat (overdrawn) but managed to get a cheque before sending bailifs round?

HSBC £5600 : Paid in Full 31/8

HSBC £4700 : Paid in Full 05/09

MBNA £1780 : Paid in Full 8/11

Smile £2400 :Paid in Full 17/11

RBOS £200 : Prelim 11/10

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I haven't found a thread yet. Have been told that someone got a cheque against cahoot who apparently are something to do with HSBC??

Watch my thread!!!! - excess overdraft limit.

Did you ever have any luck with DAF?

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has no-one else reveivd a cheque against their overdraft their overdraft then? that's a concern....

no progress with DAF yet, wanted to get through this one first so i knew what i was doing. Looks like i've a bit of a wait then, so good luck on your deault, doesn't a judgement give you the right to enforce payment by a cheque if you so chose it?!

HSBC £5600 : Paid in Full 31/8

HSBC £4700 : Paid in Full 05/09

MBNA £1780 : Paid in Full 8/11

Smile £2400 :Paid in Full 17/11

RBOS £200 : Prelim 11/10

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I believe so, my claim did say that I wanted a cheque. I just don't understand why they were offering to pay me in full into my account but not issue a cheque..... well actually I do know, my account is currently over it's overdraft and I'm paying them token payments that they're not happy with. I think they wanted to pay into the account and then take their share and close the account!! HA HA

I contacted DAF who decided that they'de never heard of me, even though I know that I bought the car from them so they've pointed me in the direction of a company called online finance, I've sent my DPA but had no response, so who knows.:|

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VERY CONCERNED ABOUT THE CHEQUE SITUATION....

 

I have an active account that is 3500 overdrawn against a 3500 limit.

Has ANYONE ever received a cheque for charges on an account that was overdrawn? I have been offered but have accepted subject to a chq being received but I am seeing that this may prove very difficult.......

 

Anyone???

HSBC £5600 : Paid in Full 31/8

HSBC £4700 : Paid in Full 05/09

MBNA £1780 : Paid in Full 8/11

Smile £2400 :Paid in Full 17/11

RBOS £200 : Prelim 11/10

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John, I'm also a bit worried. I have a 1500 overdraft and am righ up to the limit! I noticed someone else on here, I forget who it was, who had been asking for a cheque, repeatedly, her account was overdrawn, yet they paid the money straight into her account. Giving it back on the one hand and taking it away with the other!!

Must admit though, I would be mightily p***ed off if this happens to me!

28/07/06 - Prelim letter sent to HSBC for £3648

31/07/06 - Letter rec'd at HSBC

14/08/06 - LBA sent to HSBC

16/08/06 - LBA rec'd at HSBC

22/08/06 - Finally!! first reply from HSBC offering £2000

23/08/06 - Letter to HSBC declining offer, saying I want ALL my money!!

31/08/06 - MCOL filed for £4551.96, to be deemed served on 06/09/06

05/09/06 - HSBC Acknowledge claim

22/09/06 - DG Solicitors offer full amount in settlement, I accept!!

27/09/06 - Full amount paid into my acount

28/09/06 - Full amount taken out of my account!!!!!:mad:

29/09/06 - Cheque arrives, FOR SOMEBODY ELSE!! with all their account details in a letter adressed to me!!!

29/09/06 - HSBC refuse to pay money back into my account

 

 

 

If I have been of any help, please click on the scales in the top right corner! :)

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Hi John my understanding is that as it is you who are taking them to court, then it is you who decides weather to accept any offers they make.

that means that if you find that offer unacceptable, ie not a cheque then you can refuse it and proceed to court.

 

with this in mind, and knowing that the bank are not willing not go to court and try to defend their unfair / unlawfull penalties then it follows that they will revise their offer to what you want before it actually reaches court.

 

so just wait them out untill they cave in.

 

and if they get really sulky about it then the most they will probably do is to close your account and start to chase you for the overdraft.

 

but that might be another interesting case you could bring based on unfair practices etc.

 

so chin up m8 we are all behind you.

 

Andy

HSBC

Prelim sent 1st aug

LBA sent 15th aug

MCOL issued 31st aug

offer recieved and rejected 5 sept

second offer recieved 3rd oct

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nice one Andy, thanks for your words. i am feeling positive again!!!! it's such a "bi-polar" process, one minute you're smiling, then next you are bricking it......but i'm cool again! cheers....

Sarah - did you read this? surely applies to you too ?!

HSBC £5600 : Paid in Full 31/8

HSBC £4700 : Paid in Full 05/09

MBNA £1780 : Paid in Full 8/11

Smile £2400 :Paid in Full 17/11

RBOS £200 : Prelim 11/10

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no they haven't but i expect it to go the same way as yours given my situation (3500 OD). I have sent my acceptance today by RD with signed letter, strictly requesting a cheque and the confidentiality agreement crossed out. So they have 28 days from the service of papers which was around 4th August so i'm a little behind you, they have until around 3rd september to file a defence.

 

Really keen to hear the time between the allocation questionnaire and the court hearing???? i need to pay for a new kitchen!!

HSBC £5600 : Paid in Full 31/8

HSBC £4700 : Paid in Full 05/09

MBNA £1780 : Paid in Full 8/11

Smile £2400 :Paid in Full 17/11

RBOS £200 : Prelim 11/10

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