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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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Andydug v HSBC ***WON***


Andydug
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Hold the press !

 

Missus has just rang, bank have made a conditional offer for full amount!

 

Didn't have time to go thru it with the wife so i'm guessing by conditional they will be banging on about a confidentiality clause an all that.

If so, i'm thinkin of taking the money and agreeing as i don't want my account closed.

 

Does anyone agree/disagree?

 

Wots the latest state of play with HSBC closing accounts - anyone had problems?

 

 

PS. Donation almost on its way !!

Andy D.:D

 

Halifax: **Won**

HSBC: **Won**

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I don't think it will be too late to ask for the recent charges. When you send back your acceptance make it clear that you are accepting in relation to this complaint or claim only, and that you are reserving the right to raise future claims and that you are intending to do so in respect of the £50 charge if it isn't included within their refund.

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The Final Push - can anyone offer a bit of advice?

 

I've had the offer letter offering the full amount but they are saying that i have to accept it as 'strictly confidential' - which i don't really want to do, so i was going to sign the form and cross out the confidentiality bit. Also they've taken some more charges which i will have to ask for in the letter.

 

any one got ideas as how to word my response? also whats the facts on future charges - will they still be applied and will i have to keep claiming them back?

 

for info their letter is below:

 

HSBC are entirely confident that its charges are reasonable, are properly and fully disclosed in its terms and conditions, and that it would successfully resist any challenge in the Courts in relation to them.

 

HSBC is, however, mindful of the management time and irrecoverable legal costs associated with litigation in the small claims regime. For those commercial reasons alone, and without any admission of liability whatsoever, HSBC is prepared to make a payment to you in the sum of £xxx representing the charges applied in full and final settlement of this matter. HSBC does, reasonably, require your confirmation that you will treat this payment as confidential.

 

If you accept this proposal please sign and return the enclosed copy of this letter to me and i will arrange for a refund to be made to you.

Andy D.:D

 

Halifax: **Won**

HSBC: **Won**

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Dear mr/mrs/ms

 

Thank you for your letter dated x.

 

I accept your offer of £x in settlement of my claim number x. Please be aware that I do not agree to be bound by the confidentiality clause. Upon receipt of cleared funds I will withdraw my claim at court.

 

Since raising this claim I was charged a further £x by HSBC on DATE [and I have also been notified that a charge of £x is due to be applied to my account on DATE] . I should be grateful if you would obtain your clients instructions to refund this extra amount at the same time as settling the above claim, [and to cancel the charge due to be applied on DATE,] in order to avoid the costs associated with a further court claim.

 

y/s

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Thanks V.much Bong,

 

I just needed to be sure - dont want to screw things up at this late stage !!

 

Letter going off today:D

 

cheers,

Andy D.:D

 

Halifax: **Won**

HSBC: **Won**

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  • 1 month later...

Been offline a few weeks so thought i should update my thread:

 

HSBC have now settled my claim in full and credited the money to my account. I didn't need to go to court as they settled before the due date. I also accepted the offer but not the confidentiality clause as shown by Bong on the previous thread (thanks Bong).

 

Results survey completed. Good luck everyone.

 

Andy D.:)

Andy D.:D

 

Halifax: **Won**

HSBC: **Won**

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Yes the other charges were also repaid. We've had a charge since and asked for it to be repaid, they said "No, and you know what'll happen if you keep reclaiming charges don't you" !

 

Here we go again ! LOL:lol:

Andy D.:D

 

Halifax: **Won**

HSBC: **Won**

Credit cards - NEXT

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