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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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michelle v ulster bank


michellemeenan
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sent mine on the 1st so the 15th for me

s.a.r handed to manager-2-8-06

aknowledgement letter recieved 4-8-06

letter from dpm 10-8-06

Data Protection Act - Non-Compliance 10 days left 29-8-06

statements recieved 31/8/06

prelim letter 1/9/06

letter recieved from cru 9/9/06

lba-sent 15-9-06

small claims started 17-9-06

agreed to settle

with condition removed that i cant make another claim

waiting for funds

part 2

small claims for £893 filed 14/10/06

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  • 3 weeks later...

hi

 

hope smomebody can give me advice..

 

sent LBA today to ulster bank(have 14 days to reply)..I was wondering when should I go to the court to look about the claim??

 

My charges has now rinsing to £1805.00, when I add interest and costs this will probably go OVER £2000 which is the most in N-I, if this happens..

Do I add all charges into claim and just calim £2000?? or make sure the claim is only for £2000

does this make sence???

 

Michelle

prelmi sent 6/9/06 £1685

LBA sent 23/9/06 £1805

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In England the £5000 limit is for your charges only, if interest takes it over , it is still a small claims, although court fees are based on charges + interest. I assume it's the same principle in NI

 

There's a Plain English (should be Blarney) guide to NI small claims here:

http://www.courtsni.gov.uk/NR/rdonlyres/9BA6814F-A24B-4460-B74F-3B265697E3E8/0/SCOL_guide.pdf

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  • 2 weeks later...

hi

 

Just a quick update.. got reply to Lba from our Noelette Hassett..the usual story "we believe our charges are FAIR, I tell you that this is the bank's final response to you on this matter ( I don;t think so ) contact FOS if you are still unhappy"..more leaflets.

 

there time limit is up on the 7/10/06 . then I will be processding with court claim.

need some advice!

Should I address my court claim to MS Hassett?? or just Customer Relations Dept.

on a different not.. these £12.00 charges that the Credit card com. are now changing, can we still add these to our claims.???

 

michelle:)

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  • 1 month later...

update on my progress

 

send my court claim away, got reply that UB has to reply by 30th Nov. if not I can complete default decree.

 

does this mean that if UB doesn't reply by 30th , then a court date will be set??

 

family and friends!!!

know that if UB does setting I will have to confid. paper.... if I wanted to let my famliy and friends know about this site and try to reclaim there charges such I start telling them now before I sign anything...or would this upset my claim cause know most of them are in same branch as me, or some have even closed their a/c in my branch???? (does this make sence)

 

michellemeenan

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THREADS MERGED - Please keep all further updates for this case is this thread.

 

1. Yes - Check if they have responded and if not, get the default judgment sorted.

 

2. No

 

3. None at all.....!?

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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michelle,

if they don'y answer by 30th you have won. but UB haven't gone this far before, they normally pay up very soon after the claim has been filed, they then make people sign confidentiallity clause. this is why you do not read to many success stories from the NI big4. they are so afraid that everyone will start this, you know what this place is like, when 1 person gets a few quid everyone wants some

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HI Michelle,

Im in the same boat as u, i lodged my claim 2 weeks ago but because of a computer fault it was reissued on 7 nov and the bank have until 7 december to reply. Fingers crossed. Im hoping to get money back for xmas. Does anyone know how long it takes for the bank to refund the money??

Prelim letter sent to Ulster Bank for £1734.00 on 18 September

Received offer of £150 - 30/09/06

LBA sent 02/10/06

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I got my statements from ulster bank 2 days before the 40 day time period was up, they like to push it. You'll prob get ur statements on monday morning

Prelim letter sent to Ulster Bank for £1734.00 on 18 September

Received offer of £150 - 30/09/06

LBA sent 02/10/06

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I spoke to a fella in the civil processing centre belfast laganside courts he told me the same confidentiality clauses are not worth the paper they are written on we dont have to accept them ! Its your claim if they dont want to go to court they will settle on your terms so stick to your guns you will triumph in the end !

if my advice has been of any help to you then please click the scales ! Thank you :D

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Hi Fellow claimants and fans (fans of people getting money off greedy banks not fans of me personally, though I am lovely...!)

I am seeking a total amount of around £450 from Ulster Bank for unfair charges and am progressing to the "send letter before action" stage having received a firm but polite "NO WAY!" from the lovely NC Hassett at Ulster Bank Group Head Office. Before I progress any further, and I DO intend to take this all the way, I need to clarify:

a) whether in Northern Ireland I can claim for the past 6 years as in England and Wales?

b) whether I need to claim via the moneyclaim website or an NI Court website?

c) whether NI banks are subject to the same regulations, laws and statutes as those on the UK mainland?

d) whether I can claim statutory interest at 8%?

I think that is all the queries I have about and would really appreciate if someone could clarify these points for me.

Thanks a lot

Mark

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hi folks

 

just a quick update, haven't heard any thing form UB yet, but am waiting on postie-man everyday.

interesting to read your thread PADDYM on "confidential clause" cause if I get anything, then I'am going to start reclaiming all my families charges back for them.

 

makes me :mad: got statement from UB today, they have since charged me another £90.00 in fees. Whats the best way I should go about getting these refunded??

* talk to my bank manger(have been getting nasty looks from her everytime I go into bank now)

* send another letter???

 

michelle

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PLEASE NOTE - all questions relating to other peoples claims have now been moved (where possible) to that persons own thread.

 

Please do not hijack this thread with questions that have no relevance to it - it makes it difficult to follow the ongoing story here and will likely result in the questions going unanswered.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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  • 11 months later...
hi steven4064

 

qucik question.....am due in court on 13Nov now against ub Credit card...

am claiming 694.78 in fees and interest charged

they are offering me 252 with is fees only....is should I accept this , or do you know of any one that thas actual got the interest charged back....there are also offering interest accured on the fees???

michelle

Hi michelle

 

I don't know of any credit card which will voluntarily offer interest at all. However, they don't go to court either. So, it's a bit like a game of chicken - who will blink first, you or them. IMO, if you refuse their offer and stick out for interest as well, they will give in and pay it although that may be on the 12th!

 

 

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