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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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nicethan vs hsbc * WON *


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Nicethan - you haven't read the faqs have you?!!

 

MCOL = moneyclaim online. Its the online courts service for filing your claim, after the LBA 14 days is up. You can use this if you are not exempt from court fees and if you have a debit/credit card to pay the fees. You also don't get the opportunity to attach your schedule of charges so these have to be sent separately to the court and the bank.

 

The alternative is to file your claim manually at your local court, in person or by post. you will need to send/give them 3 copies of the N1 claim form plus 3 copies of your schedule, and a cheque for the court fee. N1 is preferable because you get as much space as you need to fill in your claim particulars. the MCOL claim page is very restricted in terms of space to type out your claim details.

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hi bong i did read thefaqs but the more i read on here the more confused i get sometimes i just dont want to make a mistake but thanks for clearing that up for me anyway

as i sent my prelim letter on the 11th and allowing 14 days before i send my lba you can see where im going here hopefully i will need to give them more time is that right? well otherwise i will be sending it on xmas day???

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  • 3 weeks later...

hi all

update on my situation heard nothink of hsbc (expected i guess) will be sending my lba today to them to see what happens then.

will keep you all informed when and if i hear anythink.

happy new year everyone

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hiya, nicethan, hope you had a good xmas and new year. put that circle on the next 14 day marker. and this is a good time to read up on the mcol. it's a very smooth, easy process. you can register now, pop in and out at will, work you way through the addresses, etc. (use canada sq, found on all your statements), work your way up to the particulars of claim - keep in general - again there is a template to follow in the library, the only bug is trying to keep it to the short amount of space allowed - but we've all done it - you will too. if you have probs, i'll send you mine by pm as another example (they don't like us posting them on the forum), but i'd be glad to send you mine. this way, when the 14 days has passed - you can move forward, no delay, with your claim. don't fall for the new colin langdale stalling letter which is coming to several, claiming he is looking into it and will get by to you by 2014 or whenever, it's just a stall.

have a good new year, looking forward to getting your money back.

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It must be said that filing direct to a local court using the N1 it just as easy, if not easier. You can pop in your schedule, and there are no problems with space on the form.

don't fall for the new colin langdale stalling letter which is coming to several, claiming he is looking into it and will get by to you by 2014 or whenever, it's just a stall.

I got one of these :D (aren't I proud about that?)

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hi lateralus and crusher happy xmas and new year to you both hope you both had a great time and yes cant wait to get my money back of them (will donate of course) thank you both for your imense help you gave me last year cheers.

will not be having no will get back to you in year dot either,you have had my money long enough.

will do as yopu said lateralus and will pm you if thats ok?

have a look at the n1 way as well but will get there i know it just want my money back now hsbc please

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crusher says it's just as easy if not easier - but i have no experience with it and crusher, being a big strong alpha male type likes to go to court and have a look around - me being a weak female type like sitting right here and not moving but one little finger muscle and accomplishing the same. the choice is yours, as they say. we're here to help.

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and me who is a mouse not a man who likes cheese will sit at home and use my likkle finger me thinks but not as strong as yours i bet lateralus mind you it must be getting stronger now seeing as im a one finger typist so i think i will go you way haha me no alpha male just a beta one

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dont think i fancy going to coart and all that plus lose money by not going to work and i want my money of hsbc would feel like im giving them money by me losing a days pay or whatever time it would take to do all that messing around progressing to 2 fingered typing now slowly

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It is very very very very very (get the idea) unlikely you will have to stand up in court. The possibility is there, but it's very tiny, so dont worry.

But at the end of the day, these guys have unlawfully taken your money, they cannot be allowed to get away with this. If we have to go to court, then so be it.:D

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well i got into this knowing that there may be a possability of going to court so if its needed then so be it.

a quick question for you crusher or lateralus if a may ask.

i have asked a few times on here regarding my business account but to no avail as yet do you know if the prelim letter is the same as it is for a personal account at all? i know the lba is different but for some strange reason (dont know if i dreamt it,sad dreaming of my money if i was) im not sure if i read on here that the prelim letter was different?

hope you may know the answer

cheers

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thanks lateralus

once again when i need someone your their thanks.

that was the one i found just didnt know if prelim letter was different.

doing three actually against hsbc

personal £2091.64

business£57.41

credit card£159.00

business and credit card not much but every pennies mine what they have taken off me

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well i have got all my questions answered before i send off my lbas tommorow recorded delivery thanks to crusher and lateralus just didnt want to get to the stage before i could be getting my money and have messed up somewhere along the way i would not want to give them any reason for not paying me by making a silly mistake along the way.

i know i keep saying it but thanks both of you for all the help and support you have given me on this.

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Cheers maybe able to help one of you guys one day about somethink or other not about this lot as i am no where near as on the ball as you two are about this but who knows?

will obviously keep yopu informed along the way about how its going and naturally ask for help as always when i start my next stage when i feel im in a big hole and the lights getting dimmer and dimmer.

cheers

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hi you both

well lbas sent today (4th jan recorded delivery)

14 days and counting hsbc so come on stop the pain your in and just give in and give me whats mine please you were certainly quick enough to take it off me but then a typical bank i guess like taking money off people but sure as hell hate giving it back even though its ours, so come on do the decent thing and SHOW ME THE MONEY!!!

how are you both anyway sorry for not asking feel like i know you both now dont worry im not getting weird or anythink but its strange how people communicate via the internet without actually knowing each other

anyway start my next stage now and get ready for 14 days time will keep you informed if i hear anythink

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