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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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mike8578 vs HSBC ** BOTH CLAIMS WON **


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Well, I've created the letter as below, and CC'd it to DG. What you reckon?

 

??

??

1st March 2007

 

HSBC Bank plc,

Service Quality Team,

Arlington business Centre,

Millshaw Park Lane,

Leeds.

LS11 0PP

 

FAO Colin Langdale

 

ACCOUNT NUMBER: ????????

 

Dear Colin,

 

As you should already be aware, given previous correspondence from yourself, I have been pursuing a claim against HSBC Bank plc through the small claims court system in respect of a series of penalty charges against my account over the past 6 years. I would also make you aware that, having filed my allocation questionnaire, I have received correspondence from DG Solicitors in respect of this claim offering the full disputed amount inclusive of court charges, and less a previously acknowledged refund.

 

However, a further £?? of charges have/are due to be made against this account since the beginning of January 2007 (charges were levied for £?? on 04/02/07 and a further £?? on 07/03/07). I am writing to you to request that action is taken to refund / drop these penalty charges, and any others which may be levied the following month, in light of my above offer from yourselves, and that until such time that you make it known to me that this will or will not happen, I shall not be signing the above offer from your solicitors and will effectively be continuing my current claim through the court system. Furthermore I will then aim to pursue another claim for these new penalty charges.

 

As soon as you make it known to me what action you intend to take over these charges I will ensure that the current court action is halted and that my acceptance of the current offer will be agreed.

 

I look forward to hearing from you as soon as possible.

 

 

 

Yours faithfully,

 

 

 

 

 

Mike Hughes

 

C.C. DG Solicitors.

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just one niggling thought on my part - i remember reading that a full offer can not be turned down - now i realize it isn't quite a full offer - but the part they questioned you agreed with - right - so, i'm thinking that you may be shooting yourself in the foot by trying to drag those other charges into the equation. i would def ask a mod or site helper to take a look - either crusher or lively lad would do nicely - how about you pm them with a link to your thread and ask them to look at the last few posts to get the idea and read the letter. i'd sure hate you to do anything wrong at this point - so before you do anything else (like send it) ask one or both of them to comment. please!

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I get you but I actually deliberately changed the wording to say that I wouldn't turn down the offer, but would just delay agreeing to it until Mr Langdale lets me know whether they will refund or not, the new charges.

 

Having said that I am a little bothered by it, now I've sent it! What I'll probably do is sign the offer anyway and send that on Monday.

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Sent an acceptance letter to DG on 12th. Yesterday I received an offer from Mr Langdale in respect of the very same charges though. I think he's about 3 months too late!

 

Incidentally the mrs, whose AQ was filed same day as mine has received any correspondence from DG yet.

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Crikey, mental few days meant I've lapsed on chasing this. I've just phoned the court and they say they haven't received an AQ from the defendants for teh better half's claim.

 

Apparently a date has been set for a hearing of 31st March. What's the next step guys? The mrs is in hospital and there's no way she could attend court. Can we ask the judge to strike them out on the basis of them not filing or is it too late now it's been allocated?

 

Also, does anyone know how long it's likely to take from sending DG my acceptance letter to receiving funds? I'm guessing I'll have to chase them to check they've received it.

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go on this post and it will tell you what happens next

When you have filed your AQ................ (multipage.gif1 2 3 4).

i'll be back in a bit with more.

 

and this: GOT A COURT DATE? A guide to the later stag

 

right mike, i'm thinking it's time to make a move - you really don't want to go through all that copying (about 600 pages worth) to get ready for a court date -

my thinking is - the nudging letter on post 1 of that link above.

take the offer colin sent - refer to it - and you say mindful of time and further costs.....etc. and split the difference with them - it's not a lot- is it - he said 600 - you want what (with court costs and interest )- like maybe 900 - why not offer to take 800 to settle it now. - would it not be worth it to be finished with it - let them know a court date has been set - don't sound desperate - merely negotiable. think about it - read up on that thread - read crusher's post number 58 about default judgments and read that link - it puts another light on things -

just saying - with her in hosp and all, might be time to try and draw a line under it.

alternatively, you might ring the court and tell them she is in hosp and see what they say.

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Bugger. I wrote a post and lost it!

 

I will ring DG tomorrow Latty as we had a letter waiting at home yesterday asking for a copy of the charges breakdown, which I will send today. I'd still rather aim for the full whack if I can.

 

With regard to my own claim I think there's some confusion at Mr Langdale's end as I've had another copy of the weird offer letter I recevied last week. It basically has been written as though we are at the pre-court stage. It's word for word like one I got back in Jan but with the date changed. However, in my mind I have made acceptance (excluding confidentiality agreement) to the offer from DG so I'll leave it at that. When I speak to DG tomorrow about the mrs claim, I might just check that they got my acceptance.

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Well, I had a letter at home yesterday saying I should expect the monies within my account within 7 working days! Woohoo!

 

Now I just need to sort the Mrs Claim out. How should I notify the mods of my win as I'd like to keep this thread open for the Mrs claim so far?

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it's so confusing when you have two going - ask a mod to change your title to something like: mine - won, mrs. - still waiting!

press on cag upper left - then go to the very bottom - everyone who is online - mods are in green.

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  • 4 weeks later...

mike - great news. your thread was the first one I subscribed to when I joined this site & I followed how you were getting along although being a newbiwe i didn't understand it all then. (still don't now - :D )

 

glad to hear your of your success - well done

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  • 1 month later...
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  • 2 weeks later...

Hi I am new member, I have made a claim against HSBC for £4523 I heard nothing and I was beginning to get concerned. However I received an ofer today 2th June for the sum of £3274. Can I have some advice should I accept the offer I am very tempted to take it ,however the difference is over £1000. I also feel that I should carry on take them to court.What do you think ?

 

Ialso have another claim with HSBC mastercard for the sum of £207 which they are defending!! Does this make any sense.

 

Please advise re offer. Thanks

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