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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
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    • 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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Whatawoman v HSBC *******WON*******


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They are sending me a full refund and I have to do the process again...... :x

Luckily because of the weekend it actually only makes my claim 1 day difference.

 

12th January 2007 - prelim letter sent.

20th January 2007 - Prelim letter acknowledged and replied to.

26th January 2007 - LBA sent

12th February 2007 - MCOL Claim submitted

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lol thanks :p

 

My claim? well i'm thinking about sending my prelim thinggy majig today lol.

 

im with HSBC and just checked my online statements and over the past 6 years been charged a total of £901 , which to be fair is nothing compared to a lot of people but its still £901 ya know? so want to send the prelim today. any advice for me??? pleeaaase :D lol

 

 

Brett

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Start your own thread - so people can keep up with you and help when they can.

 

Stick to YOUR timetable.

 

Read the FAQ on here and don't be put off by HSBC not replying or giving a wishy washy "we are looking into it" answer.

 

Send Prelim and scedual of charges you are claiming back - and interest if you go for it (I didn't) If you look in the library there are great templates that do all the work for you.

 

In exactley 14 days follow through with the Letter Before Action and then if not in recipt of your monies in 14 days file your court claim.....

 

It is your money and almost £1000, and over with interest and court charges etc.... go get it back :)

 

Helen

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yea your right, its my money... MY MONEY... MONEY, HERE I COME!!! lol

 

couple problems though lol, how do i start a thread? and how do i do the whole schedule of charges??? do i print off copies of my statements and highlight the charges? or do i juss type up amounts and dates???

 

Brett

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http://www.consumeractiongroup.co.uk/forum/hsbc-bank/ go here and click new thread - call it your name v HSBC

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html click here and choose a spread sheet - fill in the charges and the dates and they will work out the days since charge and the interest at 8% - but with Prelim letter and Letter before action send it without the 8% interest column - at MCOL or court stage send it with the 8% column.

 

Hope this helps.

Helen

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hey thankyou very much.

 

gotta question though lol (u thought i might do right? lol)

 

ive opened the spread sheet but its already filled in with loads of £10 charges , wat do i do with all these just delete them or what?

 

brett

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when your claim is 'acknowledged' usually you send the copies of your schedule to the courts and dg. the paperwork will show on page 2, who is delaling with your claim from dg. when you send it, ring them a couple of days after just to make sure they've received it. send everything recorded delivery so you can see on the royal mail website when they have received it ok.

If i've been helpful in any way....then tip my scales over there!

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Well today recieved "an offer" from HSBC - My original claim was for £1293.00 and they are offering me £1050.30 as full and final payment - however because I have gone to MCOL - wilth interest and charges I am now looking for £1700.20 so unfortunatly I will be declining their kind offer. Had they offered this last week I may have been tempted.....

 

12th January 2007 - prelim letter sent.

20th January 2007 - Prelim letter acknowledged and replied to.

26th January 2007 - LBA sent

12th February 2007 - MCOL Claim submitted

15th February 2007 - Notice of Issue received (deemed to be served on 18th Feb - HSBC have till 4th March 2007 to reply)

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Interesting thing is I just noticed the letter was dated 5th Feb but postmarked 14th Feb. Had they sent it on 5th Feb I would have most likely accepted it - as it was within the 14 days after my LBA.

 

This is my letter to Colin Langdale:

 

15th February 2007

HSBC Bank Plc

Colin Langdale

Service Quality Team

Alington Business Centre

Millshaw Park Lane

Leeds

LS11 0PP

Re: Account number xx-xx-xx-xxxxxxxx

Response to settlement offer.

 

Dear Colin Langdale,

 

Thank you for your letter dated 05/02/2007

I respectfully decline your offer as Full and Final settlement and request, once again, that you return to me all charges imposed on this account, totalling £1257.50 and as I have already filled a claim with MCOL I also request interest of £323.17 and court costs of £120. A total claim of £1700.67 (with daily interest being accrued). I am enclosing a current schedule of charges with dates from 14th March 2001 to 26th January 2007 inclusive. This is the schedule, which has been submitted with my MCOL claim.

 

I will accept the sum offered (£1050.30) only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with my County Court claim if necessary.

 

My Letter Before Action, dated 26/01/07 indicated that you had until 09/02/07 to respond before I commenced with legal action. I note that your letter is dated 5th February 2007, however the postmark is 14th of February. The unfortunate thing is had I received this letter before filing with MCOL I would have been very tempted to accept your offer. However my MCOL claim remains the same despite this offer.

It is also with dismay that I see a further charge on my account dated 11/02/2007 for an additional £50. As a gesture of goodwill I would request that this charge be reversed. You may notice that I am not claiming my Overdraft Interest back off you.

 

 

I trust this clarifies my position.

 

 

Yours faithfully

 

 

 

Mrs Helen Ashby

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12th January 2007 - prelim letter sent.

20th January 2007 - Prelim letter acknowledged and replied to.

26th January 2007 - LBA sent

12th February 2007 - MCOL Claim submitted

15th February 2007 - Notice of Issue received (deemed to be served on 18th Feb - HSBC have till 4th March 2007 to reply)

15th February 2007 - offer made (less than claim) in response to prelim letter.

15th February 2007 - MCOL Claim Acknowledged

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Had the acknowledgement of service today - and HSBC - via DG Solicitors (Deborah D'Aubrey) are defending the whole claim.

 

So today I will send off a copy of schedual of charges to Deborah and yesterday I sent 3 copies to the Court.

 

Do I need to do anything else yet?

 

What happens next?

 

12th January 2007 - prelim letter sent.

20th January 2007 - Prelim letter acknowledged and replied to.

26th January 2007 - LBA sent

12th February 2007 - MCOL Claim submitted

15th February 2007 - Notice of Issue received (deemed to be served on 18th Feb - HSBC have till 4th March 2007 to reply)

15th February 2007 - offer made (less than claim) in response to prelim letter.

15th February 2007 - MCOL Claim Acknowledged

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I keep reading on other posts about the Acknowledgement of service having 2 pages and having the deemed issued date on it-

 

I have 1 page which is a photocopy - the top says Response pack - the bottem is Acknowledgement of service and Has DG's details and the box ticked to say I intend to defend all of this claim - Deborah D'Aubney signed it on 15 Feb 20007 at 8.45am

 

Is this the right form at this stage?

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yes you are doing fine. watch the status on mcol everynow and again and it will probably change to 'defended'. that normally happens nearer the 28th day though but keep your eye on it.

meanwhile (this is the boring long stage) just take a look at instructions and information on the allocation questionaire process ok? won't be long now - you're nearly there

 

Allocation Questionnaires - A guide to completion

New strategy for Allocation Questionaires

If i've been helpful in any way....then tip my scales over there!

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