Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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
        • Like
      BankFodder

      Picked By

      BankFodder,
    View All
Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

HSBC - Whats my next move.

Zorro01

By Zorro01
in Hardship applications

 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5353 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

johnnymitch

johnnymitch

Posted
Posted

Sorry zorro , what I meant was , once I got the AQ completed ... I've just noticed there are only instructions for completion of draft order on the template .... you have to follow the instructions yourself .... it can be a bit of work ... but you'll have to decide whether you think it's worth it - having come this far , I'd say 'definitely ' :)

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

Link to post
Share on other sites
Zorro01

Zorro01

Posted
  • Author
Posted

I will crack on with it - cheers johnny.:)

VICTORIES TO DATE THROUGH THE HELP OF THIS SITE:

 

1. Littlewoods Catalouge - No pursual of debt & wrote off £4500

2. Three mobile - Debt written off in full, all adverse entries including default removed from credit files, even got an apology from the Chairmans office

3. HSBC Bank - Partial refund for bank charges & claim lodged at court for outstanding charges.

4. HFC Bank - Ongoing - SAR'd in may- Going to register at court for non compliance.

5. Barclaycard - Being very awkward but Ongoing - These are a tricky bunch but they will fold before I do.

 

GOD BLESS CONSUMER ACTION GROUP!

Link to post
Share on other sites
johnnymitch

johnnymitch

Posted
Posted
:D

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

Link to post
Share on other sites
  • 2 weeks later...
Zorro01

Zorro01

Posted
  • Author
Posted

Right all (Johnny) a bit of an update. AQ went back to the court special delivery on the 25/08/09 and I sent the draft as well. I have since carried out the requirements as stated in the draft but heres the thing. I have heard nothing from the bank and it's deadline (according to the court) was the 28/08/09. What happens now. There as been no word from the bank applying for a stay re test case etc so does anyone have any ideas as to what my next step should be.

Nearly there with this one so any help to get me over the winning post first will be greatly appreciated.

VICTORIES TO DATE THROUGH THE HELP OF THIS SITE:

 

1. Littlewoods Catalouge - No pursual of debt & wrote off £4500

2. Three mobile - Debt written off in full, all adverse entries including default removed from credit files, even got an apology from the Chairmans office

3. HSBC Bank - Partial refund for bank charges & claim lodged at court for outstanding charges.

4. HFC Bank - Ongoing - SAR'd in may- Going to register at court for non compliance.

5. Barclaycard - Being very awkward but Ongoing - These are a tricky bunch but they will fold before I do.

 

GOD BLESS CONSUMER ACTION GROUP!

Link to post
Share on other sites
johnnymitch

johnnymitch

Posted
Posted

Hi zorro ,

I would ring the court office and ask for a progress report ...... it may be that it's been stayed and you haven't been notified ...... that's happened before ...

 

If there is no stay , ask the court for their advice on proceeding to 'asking for a judgement'....... they're usually pretty good at giving advice on that count .

 

If you don't get any joy , come back and we'll take it on from there ... :)

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

Link to post
Share on other sites
  • 1 month later...
Zorro01

Zorro01

Posted
  • Author
Posted

To anyone that has been following this thread and especially you johnny it turns out there is a stay with this particular claim now. I recieved a GENERAL FORM OF JUDGEMENT OR ORDER from the court today details are as follows.

 

"It is recorded that the court is aware that following the decision of the court of appeal in respect that matters remain to be determained in that claim (the test case).

 

By the court of it's own initiative having regard to the commercial court claim.

 

IT IS ORDEREd THAT

 

1. The stay is extended until 4pm on 31 December 2009

2. Either party may apply to remove the stay on notice to the other party and providing reasons for the application to remove the stay.

3. After the expiration of the stay, the claimant must apply to the court for further directions by 4pm on 31 January 2010. If the claimant fails to make such an application the claim shall stand struck out without further order.

 

Any party affected by the terms of this order may apply to have it set aside or varied within 7 days of service of this order.

 

(then it says - Dated 17 september 2009 - I only got this today?)

 

Any ideas on what the next step is? Should I request the stay be lifted etc.

Any one got any ideas please.

VICTORIES TO DATE THROUGH THE HELP OF THIS SITE:

 

1. Littlewoods Catalouge - No pursual of debt & wrote off £4500

2. Three mobile - Debt written off in full, all adverse entries including default removed from credit files, even got an apology from the Chairmans office

3. HSBC Bank - Partial refund for bank charges & claim lodged at court for outstanding charges.

4. HFC Bank - Ongoing - SAR'd in may- Going to register at court for non compliance.

5. Barclaycard - Being very awkward but Ongoing - These are a tricky bunch but they will fold before I do.

 

GOD BLESS CONSUMER ACTION GROUP!

Link to post
Share on other sites
johnnymitch

johnnymitch

Posted
Posted (edited)

Hi zorro , :)

 

That's why I suggested ringing the court .. they seem to be doing this more often now .... forgetting to notify 'stayed claims' . Probably snowed under with them .......:rolleyes:

 

IMHO, it wouldn't be worth asking for removal of a 'stay'..... I think the courts are united in waiting until the result of the TEST Case ...

 

If you feel you want to pursue it come back and ask - and you'll get help to proceed .... but I'd say , sit back and relax ......

and welcome to the 'STAYED CLUB' , with membership of thousands! :)

 

Oops ! but don't forget this bit ! :

 

After the expiration of the stay, the claimant must apply to the court for further directions by 4pm on 31 January 2010. If the claimant fails to make such an application the claim shall stand struck out without further order.
Edited by johnnymitch
afterthought.......

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

Link to post
Share on other sites
Zorro01

Zorro01

Posted
  • Author
Posted

Yeah I did contact them several times with no mention to me of the case being stayed. Oh well I will apply to the court befor the timer runs out on the claim and see what happens then.

What do you think will happen at the end of the test case?

VICTORIES TO DATE THROUGH THE HELP OF THIS SITE:

 

1. Littlewoods Catalouge - No pursual of debt & wrote off £4500

2. Three mobile - Debt written off in full, all adverse entries including default removed from credit files, even got an apology from the Chairmans office

3. HSBC Bank - Partial refund for bank charges & claim lodged at court for outstanding charges.

4. HFC Bank - Ongoing - SAR'd in may- Going to register at court for non compliance.

5. Barclaycard - Being very awkward but Ongoing - These are a tricky bunch but they will fold before I do.

 

GOD BLESS CONSUMER ACTION GROUP!

Link to post
Share on other sites
Midas029

Midas029

Posted
Posted
Yeah I did contact them several times with no mention to me of the case being stayed. Oh well I will apply to the court befor the timer runs out on the claim and see what happens then.

What do you think will happen at the end of the test case?

 

Zorro,

 

I`m new to the forums and just picked up on this thread.

 

I have put through a hardship claim and the HSBC have come back to me this morning and said they agree I`m in hardship and have offered me a payment of £1400 out of £4000 of charges.

 

They then went onto say to call back next month to see if I am still in financial hardship and they will consider the claim for more money.

 

Is this what happened with you?

 

Do you think I should accept this offer?

Link to post
Share on other sites
johnnymitch

johnnymitch

Posted
Posted

Hi midas , welcome to the forum :)

 

You can certainly accept the offer which has been made ... after all if you didn't they'd argue you weren't in true hardship ..... :rolleyes:

 

But make very sure that they know this is accepted as a part - settlement and that you reserve the right to carry on reclaiming the balance which you consider they owe ...

 

Read very carefully anything they send you to sign ...and if in doubt come back and ask - someone will answer ..... :) ...

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

Link to post
Share on other sites
johnnymitch

johnnymitch

Posted
Posted

Incidentally midas , when you come back , can you open your own thread please (NEW THREAD button top or bottom left of the HSBC main forum ) . that way you'll get advice which is only for you and can't be confused with anyone else's queries .... Thanks ! :)

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...