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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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Claire78 v HSBC *SETTLED IN FULL*


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I got a letter from the court saying HSBC would defend about a week after they were served./ A week after that, DG Solicitors sent me a full settlement - I have replied, saying I want in aas a cheque and accept no conditions. Thye haven't replied yet, lol. I don't mind thouhg- they've only got until Friday before I win by default! :)

 

That's great news. I haven't heard anything at all yet. (but I suppose that's also good news as I win by default in 5days hee hee:D

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I got a letter from the court saying HSBC would defend about a week after they were served./ A week after that, DG Solicitors sent me a full settlement - I have replied, saying I want in aas a cheque and accept no conditions. Thye haven't replied yet, lol. I don't mind thouhg- they've only got until Friday before I win by default! :)

 

Does this mean I can also win on default if they refuse to pay me by cheque, even though they have made me an offer for the full amount? CONFUSED!!

 

Louise

 

P.s Sorry to hijack the thread!

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Does this mean I can also win on default if they refuse to pay me by cheque, even though they have made me an offer for the full amount? CONFUSED!!

 

As far as I understand this if they do not enter a defence within 28 days of being served with the court papers (they were served 24/07/2006 with mine) then you win by default, can enter default and send the baliffs in.

 

As they have sent me a settlement letter whihc says "without prejudice" it means it cannot be shown in court, therefore in the eyes of the court does not exist! So, based on this if HSBC do not enter a denfence to my clim by Monday 21.08.2006 I win by default.

 

Hope this helps!

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Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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OK, well I issued proceedings on MCOL on 11/08, got the Notice of Issue on Saturday, service is deemed on 15/08, they've got until 29/08 to respond.

 

I have had more charges added to my account, does this mean I will have to file another claim?

 

Oi, stop hijacking my thread you lot LOL

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Hi Claire,

 

I filed mine on the 1st aug, they acknowledged with intent to defend on the 14th and I received a letter from DG solicitors today requesting a full breakdown of charges. I rang solicitor and told her that HSBC already have two copies and i am suprised that they haven't provided her with the full facts before asking her to act on their behalf. I told her I will fax a copy to her at 9am so she can deal with it without further delay.

 

I also incrred another charge since, i wrote to them yesterday telling them how shocked I am that they are still continuing to do this despite them neing unlawful and that once my first claim is finalised I will start onother unless they refund it immediately. BE WARNED THOUGH they are likely to attempt to close down your account if you make a second claim. I am hoping they take heed of my letter and refund them without another claim being necesssary. (not that I am bothered too much because I want to close the account anyway.) I'm not sure how close to me you live but maybe we coud both go into the branch together wearing CAG t-shirts and demand the refund??? it could work:D

 

Hope this helps

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Don't really care if they close the account, I have another elsewhere...

 

Ooh, really tight ones so the press are interested?! ;)

 

I just wish that they would hurry up and reply, bored of waiting now. Let me know how yours goes

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will do. my t-shirts a xxxxxx small, will put some chicken fillets in to make it even tighter and then tell the press that their refund paid for my new implants. They should show up then with camera at the ready:D

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will do. my t-shirts a xxxxxx small, will put some chicken fillets in to make it even tighter and then tell the press that their refund paid for my new implants. They should show up then with camera at the ready:D

 

I once took a module at University in photography if I can help!!!!

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LOL, still think it's a good idea, even with this bunch of pervs turning up to watch.

 

I'm a size 14, but I have lots of size 10 tops... (and yay for fillets, love mine!)

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claim acknowledged on 22/08/06, so quite quick really, they had another 8 days.

 

Come on DG Solicitors, send me a letter, I'm waiting!

 

Having looked at other's threads I should expect a letter on my mat when I get home, or perhaps tomorrow

 

Will keep you posted

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