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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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Robbie024 V HSBC **WON**


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Hi All

 

I am in need of some help. I am currently trying to cliam bank charges back from HSBC for almost £4000. The claim has now been refered to my local county court, I have a date of the 19th July 2007. I am very nervous about this as i am repersenting myself and am not sure what the best things are to take with me and what kind of questions i am likely to be asked while im there.

I have all the break down of charges and copies of all corespodence that i have had with the bank and court.

 

I am also worried as i have read a lot of threads on here and everyone seems to have had an offer of some sort but i have only had one basic reply from the bank and have not had any offers of any kind, is this normal??:confused:

 

Has anyone been in this situation or able to advise me of what to expect and what documents to take?? !!

 

Any help would be great!!!

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Hi

 

The court has only told me to give a breakdown of all the charges to the judge, which i have done. They did also say any new evidence has to be submitted to the court and other party 14 days before the hearing.

 

Is this what you mean?

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Did it say new evidence or any evidence that the claimant intends to rely on?

 

This is why we ask for people to post exactly what it says on the directions from the court. It save s alot of time and you will get precise answers.

 

Did you send the judge the charges breakdown after you received these directions or before?

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hi

 

i sent the judge the breakdown of charges when it was first transferred to my local court.

Then i was told any new evidence that i will rely on has to be submitted to other parties 14 days before.

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Hi

Sorry for late reply but been no where near my computer over the weekend!!

 

Just to let you know i had a letter from DG over the weekend saying that hsbc are not at fault and would successfully defend the claim if it went to court but in this instance would not be defending and will be refunding me the full amount requested which was £ 4200.

 

Isn't that just great news!!!!!

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Wow thats fantastic news! Great news in fact! That was really quiet easy!

 

This is the acceptance letter I used if need one. Don't use theirs agreeing to the confidentialtity bit.

 

 

Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX

 

I accept your offer as full and final settlement only for this claim of bank charges made on my account between xx/xx/xx and xx/xx/xx(dates of first and last charge)

 

I accept this offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust that you will find this arrangement acceptable.

 

Yours Sincerely

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