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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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RichW v HSBC ***WON***


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Sorry, also, how do I work out the daily rate. Is it the original amount(without interest added), e.g. £1177.50 x8% \ 365

or is it the amount inc interest e.g. £1402.05 x8% \365

 

Thks

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Sorry, also, how do I work out the daily rate. Is it the original amount(without interest added), e.g. £1177.50 x8% \ 365

or is it the amount inc interest e.g. £1402.05 x8% \365

 

Thks

 

 

If you have used Mitzias spreadsheet, the daily rate is shown in the top right hand box on the 8% interest tab

 

CM

Templates Library

 

GE Capital Won

Capital 0ne Won

Northern rock Claim stayed working on negotiation

HSBC personal claim 1 ''WON''.

£1800 plus full stat interest plus costs.

Claim started 14/02/07 offer 3/07/07

 

Next:Coming soon to a thread near you! :)

HSBC personal Part 2 'return of the Celicaman'

HSBC business 1 ' my empire strikes back' N1 claim POC in progress after usual offensive offer from bank

HSBC business 2 'attack of the Celicaman'

HSBC business claim 3 'bank account menace'

HSBC business 4 'Revenge of the CAG Member' the final insult ....................... 'Maybe'

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and if you didn't put it in your particulars of claim (i.e. and interest continuing at daily rate) then you won't get it anyway - so just forget about it -

note: it is calculated this was - the charges without any interest X 0.00022 = xxpence per day (my son's was for about 2k - so would have been 44pence a day - but i didn't fit it into the particulars so they didn't pay it.

 

as for adding a bit of a nudge - my ideas for nudges are in post 1 of both these threads When you have filed your AQ................

New---after 28 Days - Maybe No Aq!!!!!!! so borrow a few words from one of them - don't use too much - you'll be looking for other things to tell them in later nudges! i'm advising a nudge letter every 10-14 days. but most important you get better breakdown off to them asap.

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Thks, I may leave the nudge for now and follow up later as you say. I used the Simple-charges-Calc from the site but it did not cal the daily rate.

Actually on the Claim form I stated 'the claimant is entitled to interest at 8% per annum from date they were deprived of the money(14th March 2007). This totals £224.55, accruing at the daily rate of 0.021% until judgement or payment.

I worked mine out at 0.25p per day(1177.50 x 0.00022)

Does this sound right?

Thx again.

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Here is a copy of the nudge letter I sent to DG when my claim was transfered to my local court and the AQ was dispensed with.:-

 

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

20th April 2007

 

Re: xxxxxxxxxx - v - HSBC

account no: xxxxxxxxx

claim no: xxxxxxxxxxx, Filing date:xx xx xx.

 

It has come to my attention that as of xx April 2007 the filing of an allocated questionnaire may not be required in this case.

 

I am aware that you have a vast number of claims with which you are currently dealing with, and in order to resolve this matter more quickly, I am willing to accept the sum of £xxxx.xx in full and final settlement. Please note that I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

 

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. I am sure that the courts would approve of our settling this matter in a timely manner and without their further intervention.

 

I have again enclosed a copy of the schedule of charges. This schedule also shows the total of my claim to date, being the original claim amount (£xxxx.xx), the daily interest total to date (£xx.xx) and the court fee (£xxx.xx).

I look forward to hearing from you soon.

With kind regards,

Yours sincerely,

 

 

I hope it helps. If you have any other problems, just shout. :)

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

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Thanks for this. Just one question regarding the template letter.

 

On the letter it states

'I am willing to accept the sum of £xxxx.xx in full and final settlement'

but then it says

'I have again enclosed a copy of the schedule of charges. This schedule also shows the total of my claim to date, being the original claim amount (£xxxx.xx), the daily interest total to date (£xx.xx) and the court fee (£xxx.xx).

Should I put the same amount on the 'willing to accept' figure as the last statement, or is this saying you could put in a less amount in the 'willing to accept' to try to speed the settlement process.

Not sure what everyone recommends here as don't want to give them too much of my money but I guess I could put £100 less to see if that would avoid court or drop the court fee.

What does everyone else think?

 

Brgds

Richw

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no, don't offer to take 100 less - it doesn't get you seen to any faster and just means you get less of your money -

 

just add up the figures in the second sentence to total the full amount in the first.

 

if you'd like to start your own thread in the hsbc forum - just press here;newthread.gif

 

we'll be happy to have you and will help if you need anything.

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Hello Rich, I'm in exactly the same situation with HSBC, i have been given a court date of 29th June so trying to prepare the ss as my original was from MSE. i have also been asked to supply statements to the court and DG? Did you have the same? i'm going to do my spreadsheet now if i have any probs i'll shout!

 

Thanks

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  • 2 weeks later...

Just an update guys.

Have not heard from DG or the Court as yet since the 'Notice of Transfer of Proceedings' I received on the 23rd May.

25th May - Letter with schedules sent to Court and DG but heard nothing to date.

12th June - Sent Nudge letter to DG today with this text:-

 

It has come to our attention that as of 23/05/07, that an Allocation Questionaire may not be required in this case.

 

We are mindful of the vast number of claims with which you are currently dealing. In order to more speedily resolve this matter, we are willing to accept the sum of £1,520, plus we do not agree to waive our rights in respect of any other actions, nor do we agree to a clause of confidentiality.

 

We hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved.

We are sure that the courts would approve of our settling this matter in a timely manner and without their further intervention.

 

For your records, we enclose another copy of my schedule of charges.

We look forward to hearing from you.

I did also leave a message on DG's answerphone to call me but as expected have not had a response.

Any ideas what the timeframe will be before I hear something. I heard 28days somewhere. Does this mean that I may hear something before the 24th June or could this be longer than that. How long do DG have to respond?

I will send a 2nd nudge letter again in 10days.

Your advice would be appreciated.

 

Rich2007

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Reminder- Rich2007 is the same account as Rwtstagdnke

 

Is that you richw as well LOL.

You have to wait 28 days to see if you are asked to fill in an AQ, but as they have advised that AQ is not required you will now have to wait till you get a notice from the court as to which direction it is going to be. I myself have a allocation/directions hearing and they only allow 20 mins for that.

You can keep nudging DG if you like, but concensus of opinion now seems to be that they are only making offers once they receive copy of court bundle,which must be filed no later than 2 weeks before ourt date and for you that could be a while as they have not set any sort of date yet for hearing or case.

My Bundle goes in soon and after that the offer comes back, but there is no point in sending in earlier as waste of time, effort & paper.

You will just have to play the waiting game with he rest of us LOL

 

 

CM

Templates Library

 

GE Capital Won

Capital 0ne Won

Northern rock Claim stayed working on negotiation

HSBC personal claim 1 ''WON''.

£1800 plus full stat interest plus costs.

Claim started 14/02/07 offer 3/07/07

 

Next:Coming soon to a thread near you! :)

HSBC personal Part 2 'return of the Celicaman'

HSBC business 1 ' my empire strikes back' N1 claim POC in progress after usual offensive offer from bank

HSBC business 2 'attack of the Celicaman'

HSBC business claim 3 'bank account menace'

HSBC business 4 'Revenge of the CAG Member' the final insult ....................... 'Maybe'

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Hi Rich, that is all the court has allowed for the hearing, but the time allowed seems to vary from court to court

 

CM

Templates Library

 

GE Capital Won

Capital 0ne Won

Northern rock Claim stayed working on negotiation

HSBC personal claim 1 ''WON''.

£1800 plus full stat interest plus costs.

Claim started 14/02/07 offer 3/07/07

 

Next:Coming soon to a thread near you! :)

HSBC personal Part 2 'return of the Celicaman'

HSBC business 1 ' my empire strikes back' N1 claim POC in progress after usual offensive offer from bank

HSBC business 2 'attack of the Celicaman'

HSBC business claim 3 'bank account menace'

HSBC business 4 'Revenge of the CAG Member' the final insult ....................... 'Maybe'

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I see there is a T & C on your thread, but will this be okay for me as I am claiming stuff from 2001 and do not have my T & C for 2001 or when I opened my account way back in the mid 80's. what can I use?

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