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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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JW 'v' HSBC ***SETTLED IN FULL***


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Who's Pinky and who's Perky. Is that Lattie and Netty??? lol

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Claim has been acknowledged as of today. frantically reading up on AQ and practicing filling it out. Is the acknowledgement supposed to be this quick?

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often is, remember you count from the date of issue for the 28 days.

and this:

 

Once you have filed your claim, you need to send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

 

Quote:

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

 

Yours sincerely,

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

 

 

Quote:

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,

 

dg solicitors name and address on page 2 of the acknow.

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Hi Lattie, I sent 3 copies of my schedule of charges + interest to the courts the day after I did my MCOL. Should I send them again or do you think that they will attach the ones I sent first to my claim.

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AGHHHHHHHHHHHHHHHHHH

 

They will be taking another £150 from my account tomorrow! Is there anyway I can stop this? Should I start the ball rolling with another claim?

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if you've sent the courts copies of your breakdown - then move to the second letter for dg.

 

you might keep those figures handy as you could possibly use them later in negotiations with dg. (dates and charges since you've filed)

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Cheers Lattie. I haven't had a reply from dg yet, but I will keep your advice in mind and try and get the new charge back.

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you could of course, always try asking the bank nicely for the £150 back explaining that you are already in the process of taking them to court for the last lot of charges, and you won't be deterred from taking them to court again!!!

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

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I will give them a call tomorrow and ask them.

 

Thanks again Netty (pinky or perky whichever one you are) lol

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Todays post: Letter from Mr Langdale "appologising for not yet having fully completed his investigation" (very bizarre as he made an offer last Friday)

 

Also received Notice of Acknowledgment of Service stating that they are going to defend all of my claim.

 

Just typed up the letter to DG it goes:-

 

Dear Sir,

 

**************‘v’ HSBC Bank plc

Claim No: *********

Date Issued: 14th March 2007

Please find enclosed a copy of my schedule of charges and interest claimed under section 69 of the County Court Act 1984 at 8% from the date of each charge to the date of the claim. Please note that I am continuing to claim interest at 8% until judgement or settlement at a daily rate of £0.77 per day.

Yours sincerely

 

And off to the Post Office I go

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Hiya Jo, just accept Colin is all over the place and hasn’t got a clue what he’s doing so basically ignore direct HSBC correspondence now you have your claim filed with the court, all you are interested in is letters from DG.

 

Any additional charges just put on another schedule ready for your next claim, mines up to £200.00 since I filed on the 7th March and yes I have written and told them I will be claiming this back.

 

I’ve had to accept I will loose my HSBC account because they wont stop charging me, I’ve got a shiny new account with some very "cooperative" people

 

Saying nothing about Pinky and Perky

 

pete

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Thanks again Pete. I will note all the new charges when they get applied to my account. My account shouldn't get any now as I have been pretty good but that last charge was for when I was over my limit back in Jan/Feb.

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and i'm pinky - and where are our avatars???????????????

it's lovely of crusher to do it for us - i'm ever so grateful!

 

 

i'll be even more grateful when they show up!!!!!!!!

it would be nice if you showed up and put it on!

 

Hiya Jo, just accept Colin is all over the place and hasn’t got a clue what he’s doing so basically ignore direct HSBC correspondence now you have your claim filed with the court, all you are interested in is letters from DG.

this is very true CB.

I got a full offer once from him, but it was soooooo late I had put in my MCOL, so it had gone up.

You are doing well JW... keep it up! :-D

 

Crusher :-D

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Thanks Crusher and to all who have hepled me so far (pinky and perky included) I wouldn't have done it at all if you guys weren't there to give me the support and encouragement I needed. Thanks again.

 

P.S I have recently given this website's address to 5 people, and they are all keen to start claiming.

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well, pinky is here now and ready for battle (until bubble bath time).....

i'd have been here sooner but new car search took a turn in on the right and we got a fiesta!.....

and i figured out the avatar ----- finally!

so, let's get to work!

one little titbit from the program tonight - apparently call staff have the authority to reverse charges - suggest on the next call - you string them along thinking they will make a sale if they reverse a charge and then suddenly the doorbell rings and you have to go, byeeeee..... someone try it -see if it works!

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