Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
        • Like

Details of Claim Query


Dale
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6570 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi

Just a quick stupid question

I'm going to make a couple of claims as my amount adds up to just over £1300

However I noted on Scotia's instructions where he kindly tells us how to fill in forms 1 and 1b with regarding small claims forms that in Details of Claims (7) it says " has held a bank account with the defendant since on or before DATE HERE the account number"

What date exactly should be put here?

Particularly if your not one hundred percent sure the opening date of account?

 

Also can i submit more than one claim at the same time? Taking into consideration the £750 limit. (Does that limit include interest or not?)

Regards

Dale

Link to post
Share on other sites

Hi Dale

I submitted my claim on 6/6.

"What date exactly should be put here?"

 

When i came to that question i just called the Bos phone bank and said "hey hi it's me , im just filling in a form and it asks me when i opened my bank account" Can you tell me please?

 

No problem. She told me the exact date.

Also on my first of many claims.

Good Luck

Mairi

Link to post
Share on other sites

Sorry

Are you talking about the 8% apr (only added at the court stage) if so the £750 does not include interest.

Do not file all claims at once. the bank may consolidate them into 1 which will take your case out of the small claims court and you may be at a higher risk of costs if you lose. Do one at a time.

mairi

Link to post
Share on other sites

I put the date from when my claim started...ie sometime beginning of 2001...(5years limit) but if you know date then put it in....

 

Also don't submit more than 1 claim at any one time....otherwise the bank can ask court to 'join' the claims...which takes it out of small claims court....which means many changes to costs etc

IF YOU FEEL I HAVE HELPED YOU IN REPLYING TO YOUR POST, CAN YOU CLICK ON THE SCALES AND LET ME KNOW

 

Halifax - Total £2116 - Plus approx £300 in interest plus fees for 3 small claims...settled all within 3 weeks of claim.....Now for the mortgage.....

Clydesdale Bank - Credit Card - Sent Data Protection Act - Awaiting statements

Clydesdale Bank - Current Account - Awaiting statements

Link to post
Share on other sites

Please forgive my ignorance and i am sure I have read the answer but I am nervous about my claim going in tomorrow so I thought I better ask to be 100% sure.

 

Should my claim total be with interest or without interest?

---------------------------------------------------

Halifax - Email sent for Data Protection Act - 25/04/06

Bank Statments arrived from CR - 27/04/06

Request for repayment sent rec delivery - 03/05/06

Offer of £750 from the Halifax - declined 15/05/06

Letter from the Halifax saying they will not pay more - 16/06/06

First Claim filed with the Small Claims Court 22/06/06

Owed: £2520

Link to post
Share on other sites

hi again.

Exactly what interest do you mean?

 

My claim is made up of 730 in charges + 8% Apr around 130 ( that the courts allow) + 39 court costs , total claim £899.

 

I left out the interest that is applied to accounts on a monthly basis.

Mairi

Link to post
Share on other sites

hi mairi, you have answered my question with your description of what you did in your claim. I am going to claim £736 plus interest at 8% plus the costs of making this claim.

 

I thought that the claim needed to be under £750 with costs and interest inculded, but I see your claim is over £800 with interest and costs.

 

It was the £750 limit that threw me off and having to keep my claim under that.

---------------------------------------------------

Halifax - Email sent for Data Protection Act - 25/04/06

Bank Statments arrived from CR - 27/04/06

Request for repayment sent rec delivery - 03/05/06

Offer of £750 from the Halifax - declined 15/05/06

Letter from the Halifax saying they will not pay more - 16/06/06

First Claim filed with the Small Claims Court 22/06/06

Owed: £2520

Link to post
Share on other sites

did u happen to see the sticky at the top of Scotland section.....i spent ages writing it....and it shows clearly on there m8.......it should be £750 plus 8% interest plus fees

IF YOU FEEL I HAVE HELPED YOU IN REPLYING TO YOUR POST, CAN YOU CLICK ON THE SCALES AND LET ME KNOW

 

Halifax - Total £2116 - Plus approx £300 in interest plus fees for 3 small claims...settled all within 3 weeks of claim.....Now for the mortgage.....

Clydesdale Bank - Credit Card - Sent Data Protection Act - Awaiting statements

Clydesdale Bank - Current Account - Awaiting statements

Link to post
Share on other sites

I got it scotia, thanks, i had read it before a few times i just paniced a bit as I am putting it all together before I head along to the court tomorrow.

---------------------------------------------------

Halifax - Email sent for Data Protection Act - 25/04/06

Bank Statments arrived from CR - 27/04/06

Request for repayment sent rec delivery - 03/05/06

Offer of £750 from the Halifax - declined 15/05/06

Letter from the Halifax saying they will not pay more - 16/06/06

First Claim filed with the Small Claims Court 22/06/06

Owed: £2520

Link to post
Share on other sites

no probs.........i am on third and final claim with halifax......paid out others no probs...if you need any help whatsoever gimme a shout, i am only too glad to help out.....on one condition though....and this condition is non negotiable....when you do receive settlement, you MUST go out and get bladdered and have a drink for me when you are out........

 

Good luck again

 

Scott

IF YOU FEEL I HAVE HELPED YOU IN REPLYING TO YOUR POST, CAN YOU CLICK ON THE SCALES AND LET ME KNOW

 

Halifax - Total £2116 - Plus approx £300 in interest plus fees for 3 small claims...settled all within 3 weeks of claim.....Now for the mortgage.....

Clydesdale Bank - Credit Card - Sent Data Protection Act - Awaiting statements

Clydesdale Bank - Current Account - Awaiting statements

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...