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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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Santo v HSBC **WON**


santo
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Cheers Man.

 

Struggling abit finding my way round the site. Got most things cleared up in my head. Just wouldn't mind clarification on exactly what charges I can claim and how I id them on the statements.

 

Any help or links would be cool.

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Santo,

When you receive the statements, look for entries relating to: returned direct debit fee, referral fee, unauthorised overdraft fee, and unpaid item fee. These names are not exact depending on your bank. The actual amount falls between £20 and £40 per transaction.

 

When you receive the statements, the relevant charges will not be difficult to spot.

 

The most important thing is that you must not be in a hurry to compile the charges, otherwise you could make unnecessary mistake.

 

Good luck.

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  • 1 month later...

Update on my own progress - Work commitmemts has stalled me badly! I have my statements and they are all sorted and filed and I'm ready to start adding up the figure the bank owe me!

 

However, I really am struggling with finding my way round the site! seem to have found everything except the link to the spreadsheet for my prelim letter? I know this is shocking, and I'mashamed of myself! he he

 

Plus, after spreading the word my girlfriend now wants to do the same on her old account. It has actually been closed for 3 years and she is still currently paying off a loan to them. Does any anyone know if its possible to still go through this process? And if so is there any changes to basic letters etc that should be made?

 

Thanks for any help. It really is appreciatted.

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Use the Simple S/S here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-interest-calculation-spreadsheets.html

and visual guide here:

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/7226-maisielou-barclays.html#post50088

 

Overwrite the existing examples type of charge, amount and date.

 

The days since and 8% will be calculated automatically

 

Save it (for use later at court), then delete/hide the last 2 columns (8% bits) and print out as your schedule of charges.

 

 

Closed a/c's: Same process, same principle.

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santo, you really will have to read as many threads and faq's as you can if you are going to prepare yourself for any eventualities. you don't want any surprises!! i'd advise your girlfriend to do the same - read read and re-read.

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

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  • 2 months later...

Hey all,

 

I know I must be the biggest slacker on here! If I was on the ball the money would have been repayed and spent by now!! he he

 

However I have taken things at my own pace, and I am still getting the job done.

 

Right, I am about to go through the HCMS/N1 stage. After reading the forums I think I am going to do it the old fashioned way and complete the N1 forms. Am I right in thinking this MAY help speed things up? Any advice would be cool.

 

It all seems quite straight forward, only real question is the banks address. It is asking for the banks REGISTERED address? Upto now I have been using my local branch address. What address do I use on the form?

 

Thanks again y'all.

 

ps - I will mail a mod with details once its all posted.

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Hey all,

 

I know I must be the biggest slacker on here! If I was on the ball the money would have been repayed and spent by now!! he he

 

 

lol - well welcome back!! :p

 

registered address is

 

HSBC Bank PLC

8 Canada Square

London

E14 5HQ

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I'm afraid I've got another silly question. It is only a small one but want to make sure I get this N1 form completely right.

 

You need to put in th date 'when the money became owed to you'? What date do I use for this?

 

Also I have noticed that in the text in (5-A) says 'the return of the amounts debited in respect of charges in the sum of £3 and any interest thereon'

 

I'm sure this is right, but just confuses me.

 

Can anyone clear these up for me? Thanks.

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I am looking to fill these forms in and post them today. I have searched for the answers and can't seem to find them (although I am not the best at finding my way round these boards).

 

Sorry to be impatient but is there anyone that can clear up the above questions so I feel confident I have the form 100% correct?

 

Thanks again,

Santo.

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  • 4 weeks later...

Hey all,

 

Still plodding my way through this process. Claim filed by post using N1 form (deemed served on (02/06/07), and have now recieved Acknowlegement from from DG dated 05th June. Its clear they now have 28 days, and have ticked box saying they are planning to defend.

 

Sure this all normal (although some reassurance wouldn't be a bad thing!).

 

Should I be sending 'nudge letters'? What sort of intervals? I'm guessing that they should be sent to DG (not hsbc) now too?

 

Thanks again,

Santo.

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Oh...and one final question.

 

I recieved a partial payment offer on 30/04 that if I am honest I concidered taking right up until the date the offer expired. Therefore I never sent a reply rejecting it. A friend also going through this process today said that I should send a rejection to this as it says on these offers something like...

 

'if we don't hear from you withing 8 weeks we can refer this to the Financial Services Obusman and concider the matter resolved'

 

Should I send a letter confirming my rejection of the offer? I suppose there is no harm in doing so I should. Is there any suggested templates? Am worried about confusing the claim at this stage by bad wording?

 

Thanks yet again,

Santo.

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Rejecting Offers

 

they have until 30 June to file a defence so no nudges are required until after that

 

....but you do need to send a copy of your SOC to DG now they have acknowledged -

 

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

DG's details will be on page 2 of the acknowl.

 

 

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

(If, and only if, you are claiming overdraft interest on your penalties, also include this paragraph)

 

 

I understand you have a policy of initially rejecting claims for overdraft interest. However, should this be the case after you have reviewed my claim, you should be aware that my claim for overdraft interest has been meticulously calculated and double checked. It only ever relates to the cumulative charges within the overdrawn balance of the account at the point that the overdraft interest was debited

 

If it is that in your view the interest is not claimable, I am prepared to discuss this with yourseves and the judge in court.

 

Yours sincerely,

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Cheers Pink...yet again....really do appreciate the patience and the help.

 

So, just send the spreadsheet with a basic covering letter for now and await reply or time to expire?

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