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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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Rita vs HSBC **WON**


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Well Ive actualy used the CAG sheet for claim 2 ( I didnt for claim 1 I re-wrote it but shhh dont tell anyone) its in pretty colours that I think Uncle Colin will like. shame my printer cartrige has just decided that everything I print should be yellow

 

pete

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At least I'm in good company then! Pete - I didn't think about changing the colours but it is appealing to my sense of the perverse to see whether I can find the two colours that clash the most!

 

But then again, I don't want to put the powers that be at HSBC in a worse mood than they already are!

 

With the amount of knowledge and expertise around on this site, someone will be along soon to let us know that pale blue and yellow have been used subliminally to make the banks feel at least some guilt at the grief they have caused us! Hee hee hee! Well, that's what I like to think anyway!!!;)

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have just been going through my filing, (as you do on a boring afternoon...) and have a letter that HSBC sent on 14th April saying how they have noticed I am "having to pay Arrangement Fees for my overdraft requests. We would like to talk to you about how we can help reduce your charges." (as it happens, I have some very good suggestions about exactly how they can reduce my charges, the first being to refund all the money they have taken over the last 6 years, but anyway...)

 

does anyone know whether their use of the term 'arrangement fees' will have any bearing on my claim. for the record, they wrote a couple of months ago with what seemed to be a standard note about 'informal' overdraft requests but to be fair, their charges never appear on my statements as 'arrangement fees' - they just appeared as 'total charges' and now they've been promoted to 'notified fees'.

 

does anyone have any advice ? Thanks in advance, R.

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we like to put it this way - if it barks like a dog and bites like a dog - it is a dog - even if they call it an arrangement fee......it's still an unreasonable, reclaimable charge.

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update - received my letter 'from' colin today assuring me he is investigating and that I will have a full response as soon as his investigation is complete.

 

he's got until friday and then my lba will be winging it's way!

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hi all! - am just getting my LBA ready to be sent tomorrow and am wondering whether it is worth inserting a sentence drawing their attention to the fact that I am keeping a record of time spent and costs involved in pursuing this claim, (in readiness for my wasted costs application once they finally refund my money!)

 

can i do this or is it too much?:confused: your thoughts, opinions and advice will be gratefully received!

 

R

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I don't see why not as I am sure the banks are aware that some judges are awarding these types of costs. Just make a point that you will not be claiming those costs or interest unless you are forced to start court proceedings. Also the ever hopeful line at the end " I look forward to you prompt reply" HA! as if!:)

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  • 2 weeks later...

Hi all!

 

So 14 days has expired with no word from HSBC and it seems that I join masses in starting court proceedings. Why can't they just pay up and be done with it?

 

Am just in the process of re-reading everything again before I start filling it all in. Any last words of wisdom?

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Read, read and read again! Get it right now and all will be well!

And remember the old saying " A watched postman never delivers the letter you want"

Patience is a virtue!

All good things......... and so on!

Good luck:)

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  • 1 month later...

Hi everyone - it's been a while, so here's my update...

 

i didn't get round to filing in court because things got a bit traumatic for a while and we had to put this on the back-burner. was just getting to grips with mcol when what should drop thru my letterbox this morning? a letter from HSBC offering me £1,993.50 in full and final settlement!!!

 

i am really tempted to take their offer, but one thing is 'narking' me and that's the fact that my letter requested £2,095.00 plus £209.48 they charged in overdraft interest. in their reply they say that they note I have "added 'interest' to your request for a refund. We do not accept that this is appropriate and therefore our offer of a refund does not include any interest."

 

what they have failed to grasp is that i was claiming a refund of the interest they have already charged me and taken from my account. as far as i am concerned if they are offering a refund of the charges they should be offering a refund of the interest that they took along with it!

 

i am tempted to write back and point this out and see what response i get. it is making me very cross that they have completely misunderstood my LBA letter and have assumed i have added interest before i was entitled to.

 

R

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Hiya Rita, you have a standard HSBC offer (from uncle Colin and his merry men) they always take out the overdraft interest proportion of your claim.

 

As always its up to you if you accept the offer, at the moment we are looking at probably 2 to 3 months from MCOL to settlement you have to weigh up if £300 is worth that delay.

 

pete

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thx pete. i must admit i am sooo tempted and it does seem slightly ridiculous to wait another 2-3 months for the sake of £300. but then again, it is the principle of it all!

 

have knocked up a quick reply, just to vent my frustration really;

 

"Thank you for your letter dated 25 June 2007.

 

I am very disappointed to note that you have not read my letter of 11th May 2007 properly and therefore you have made the inaccurate assumption that I have applied interest to my request for a refund before I am entitled to do so.

 

Please note that I have not added interest to my request for a refund. I have quite simply asked for a refund of charges you have applied, (£2,095.00), plus a further refund of the interest you have charged me (£209.48). Furthermore, my letter clearly states that I would only apply interest to the total amount once my claim progressed to court. If you are prepared to refund the charges you have taken from my account, you should be prepared to refund the interest that you deducted in relation to these charges.

 

I would also point out that my claim only goes back more than 6 years due to the inordinate amount of time you have taken to respond to my request. Had you responded more promptly, this matter would have been resolved and without the need for my account to attract further fees and your accompanying interest.

 

After very careful consideration of your letter I must advise that I feel the only way this matter can be resolved, and my faith in your integrity be restored, is for you to offer a full refund of both the charges you applied and the interest you deducted in relation to these charges."

 

any idea on how successful others have been in negotiating?

 

R

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thx pete. i must admit i am sooo tempted and it does seem slightly ridiculous to wait another 2-3 months for the sake of £300. but then again, it is the principle of it all!

 

have knocked up a quick reply, just to vent my frustration really;

 

"Thank you for your letter dated 25 June 2007.

 

I am very disappointed to note that you have not read my letter of 11th May 2007 properly and therefore you have made the inaccurate assumption that I have applied interest to my request for a refund before I am entitled to do so.

 

Please note that I have not added interest to my request for a refund. I have quite simply asked for a refund of charges you have applied, (£2,095.00), plus a further refund of the interest you have charged me against those unlawful charges(£209.48). Furthermore, my letter clearly states that I would only apply interest to the total amount once my claim progressed to court. If you are prepared to refund the charges you have taken from my account, you should be prepared to refund the interest that you deducted in relation to these charges.

 

I would also point out that my claim only goes back more than 6 years due to the inordinate amount of time you have taken to respond to my request. Had you responded more promptly, this matter would have been resolved and without the need for my account to attract further fees and your accompanying interest.

 

After very careful consideration of your letter I must advise that I feel the only way this matter can be resolved, and my faith in your integrity be restored, is for you to offer a full refund of both the charges you applied and the interest you deducted in relation to these charges."

 

any idea on how successful others have been in negotiating?

 

R

 

made one addition but the rest looks fine,

 

If they agree you should get the settlement you want and not have all the messing about you will get with a county court claim and if they dont you have your principals intact and are set up for submiting your claim to court.

 

pete

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  • 4 weeks later...

Hi all,

 

i sent off a slightly different version of the letter posted above and really vented my frustration at them. have returned from holiday to find a letter from hsbc increasing their final offer from £1,993.50 to £2,292.50!

 

this is extremely close to my original request for £2,304.48 and so I am accepting. i'm not one to split hairs over £11.98.

 

i would like to say a big thank you to all who have helped me pursue this claim. although i did not end up filing in court, the advice, support and encouragement i have received from this site enabled me to understand areas of the law and consumer rights i would have given up on before.

 

i now have the requisite 14 days wait until the funds hit my account - a donation will be winging it's way once the money is in.

 

thanks again everyone, best of luck to those still fighting their corner and a big 'what are you waiting for?' to all those still wondering whether or not to go for it!

 

R

(in a wet and rainy warwickshire-by-the-sea)

 

PS. Please can someone move this to the successful claims bit? cheers!

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