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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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RhSymonds Vs HSBC ###WON###


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Looks like i am one of the first to be spared an allocation questionnaire, and while my Money Claim Online case has been defended by HSBC, i await a court date. I have sent a letter to DG solicitors today, asking for a settlement rather than have to endure a court appearance (thanks for the template lateralus) and if anyone has any words of advice, or indeed is in a similar situation, i would be very pleased to hear from you.

 

Thank the lord for CAG !!!!

 

Ross

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i'm predicting about 30 notice for a date.

 

Thanks Lats, If there was a +10 button id be clicking it for you right now !!

 

Re 30 days notice, do you mean, after the 14 day period where they can ask for an AQ, they should provide a date within the next 30 days, or do you mean that my actual court date should be within the next 30 days ?

 

Thanks so much for your help, and as you can see, a few extra months of reading really does make all the difference !! I didnt intend to register initially, but youve been so helpful i think ill also stick around to help others who are slightly behind me (my brother included)

 

R :) SS

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For Sure Lateralus, Funnily enough i got a letter from DG asking for a breakdown of all charges etc this morning !!! Must have really confused them when that exact list arrived on the day they ask for it !!

 

I shouldnt think ill get a response until Tuesday/Wednesday next week now, as its easter, but as soon as i do you guys will be the first to know.

 

R :) SS

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  • 3 weeks later...
I shouldnt think ill get a response until Tuesday/Wednesday next week now

 

How wrong i was, 2 weeks later and still nothing. Received Court date @ Worcester for June 15th today so hopefully they will get something sorted soon.

 

What do you think about me phoning them ?

 

R :-) S S

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  • 2 weeks later...
My view is that they will write to you to try and settle and that letter will be fairly soon. DS

 

Thanks DS, its been a month since they requested the breakdown of charges, and ive sent it to them 3 times, along with various nudge letters, but still nothing at all, i even sent them the 'judge fines bank for wasting court time' story on the BBC website, but still nothing.

 

Im going to phone them on tuesday (and get voicemail of course) to ask what they are playing at. Why ask for something if they have no intention of acting upon it when they receive it ???

 

Court date is 6 weeks away, and i really dont want to have to prepare a court bundle, specially seeing as they wont even show up !!

 

Thanks for your help,

 

R

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  • 2 weeks later...
which addy did you use for the request for the credit agreement?

thankx

 

Hi Lats, I sent the request to my local branch where i opened the account (Royston, Herts). I then received a letter from a Mohsun Yousuf saying i was in default and they wanted the full amount paid within 7 days (automatically sent before they had read my letter due to non-payment i guess). Needless to say the postmark told this had been sent on the day before this deadline expired, intending to scare me into action.

 

I replied to Mohsun at the address on his letter (PO BOX, ill dig it out if you need it) saying i was waiting for my agreement as entitled under CCA. Havent heard back from him.

 

Received the copy of my agreement AFTER the 12 day deadline, from a 'Heidi Daniels' but like i said, it wasnt signed or dated by anyone. I sent a reply saying i couldnt verify this as a 'true' copy without my signature as so much time had passed, meaning they are still in default, and if it were to come before a judge he would ask why had they not produced the document when i asked and saved the courts time.

 

Still waiting to hear back from heidi, she has until 20th May before i send her a letter asking for all defaults to be removed and balance reduced to £0.

 

EDIT:

 

.... and also if we are totally sure this applies to managed loans.

 

I figured that seeing as i signed the loan at the branch, i cant be fairer than asking them for a copy ?

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Right, seeing as this thread is actually for my current account and several people seem to be here for info on my managed loan, ive created a new thread : http://www.consumeractiongroup.co.uk/forum/hsbc-bank/89914-rhsymonds-hsbc-managed-loan.html#post820113

 

Ill leave this thread for reclaiming bank charges, and the new thread will cover my managed loan/CCA request etc.

 

Thanks for your help so far everyone.

 

R :) SS

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Alas Freaky, the postman took an hour in thumbscrews and still wouldnt talk. Im going to use chinese water torture next, im sure he knows something !!

 

I phoned DG earlier to ask where my claim is in relation to the top of the pile (like whatawoman did in her thread) but my message remains unanswered. Ill keep you posted for sure,

 

Good luck

 

R

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Quote:

Originally Posted by rhsymonds viewpost.gif

Ive phoned DG once today and once yesterday, but not had a call back.

 

Next day i had 2 calls back from DG.

 

First was a guy called Parish (sp) who just said he was returning my call from yesterday. He said he was sorry but they are totally snowed under and couldnt possibly comment on specific cases.

 

Then half an hour later, Rachel herself calls me and says that she is aware i have a court date and my 'without prejudice' offer will be sent out as soon as they get to my case.

 

Ill post again when the offer arrives.

(please god let it arrive, i need a PS3 :D )

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Well, Phoned DG today to ask whats going on (I just cant control myself !!) and got answermachine as usual.

 

2 hours later, Rachel calls me and 'would like to confirm your offer will be sent out this week'.

 

I love that woman !!!

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Well, as promised by Rachel, my offer arrived this morning. They have made a point about one of the charges i claimed being for cashing a foreign cheque, but as it was only a tenner i think ill let them keep it.

 

Sending my acceptance letter (with confidentiality clause crossed out) this afternoon so hopefully ill get my cheque in about a week to 10 days.

 

Thanks for all the help ive received on this thread, shouts out to Lateralus, Freaky Leaky, DS, Oyster and Pink dutchess.

 

Couldnt have done it without you all.

 

:-D :-D :-D :-D :-D :-D

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Cheque arrived this morning from HSBC not DG, just paid it in. I am now £1750 richer, thanks to the HSBC unintended savings plan.

Big thanks to everyone who has posted, donation to CAG being made as soon as cheque clears.

POWER TO THE PEOPLE !!!!

:D :D :D

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Its not quite sunk in yet, lol.

 

Thanks PD, if you check my other thread you will see i appear to have been let off my £5k managed loan as well, and on top of that, My PS3 arrived this morning !!

 

Today really is awesome !!

 

:-D

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Doh !!!

 

I spoke too soon, a letter arrived from Metropolitan today 'demanding full and immediate payment' of the outstanding amount on ym ML.

 

Should have known really, it was never gonna be that easy. Just means i have to send a few more letters.

 

Thanks for your support guys.

 

:D

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  • 2 weeks later...

DS, no proof seen, just an unsigned undated printout or pre-contractual agreement with 2 numbers on it, which is why im so surprised to hear from Metropolitan, HSBC are in default and cannot legally sell the debt, anyway we will see what they say to my next letter, please check out my other thread if you want to keep up, im going to have this one closed.

 

LOL Wednesday, Halo is awesome but the PS3 will crush the 360 when GTA4 comes out, not to mention the other games im waiting for like Resi5 and Ratchet and Clank. I may get a 360 for the HD-DVD player eventually, never hurts to have both.

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