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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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Bear in mind how the 8% is calculated....

 

1. The account will be reconstructed with the PPI and associated interest removed. If that reconstruction shows that the account would have been in credit for any period then 8% simple is awarded on that credit balance for that period.

 

2. If the account has been closed and paid off there will be a difference between the reconstructed balance and the balance actually paid. 8% simple is awarded on that difference running from the date the account was paid off up to the date of the settlement of the claim.

 

From this you can see that you only get 8% on money you have actually parted with, i.e. where the other side have had use of your money for a period of time.

 

If you wish to develop the spreadsheets further then please feel free....we would happily look at any revisions.

 

Yes, I agree with you totally. That is why Capital One who offered me £958.23 of 8% interest which means a credit amount of £11977 cannot be right in offering me only £6000. The correct amount is the £11977 plus the £958.23

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The really important point here is that they use compound interest to calculated the revised balance (so as to make HMRC happy) yet do not seem to include this in their redress.

 

There can be no excuse for this.

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I have so many voice recordings from Mastercard where they tell me about the Star Chamber and how my calculations are nearly complete. I now know that this was all a lie and this has been confirmed in subsequent phone conversations. Having reps clearly having a laugh at my expense is very galling and has really annoyed me. Maybe I should just post it all on YouTube !!

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The really important point here is that they use compound interest to calculated the revised balance (so as to make HMRC happy) yet do not seem to include this in their redress.

 

There can be no excuse for this.

 

The compound interest is the contractual interest they charged on the PPI premiums so that would be part of the redress.

 

As said before, redress = Premiums Paid + Contractual Interest + 8% Where Applicable.

 

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I know that you have said this before and you are totally correct.

 

The FOS guidelines however seem to express it in a different way in that the account will be reconstructed as if the PPI was never in place.

 

 

Where there is a positive balance then the company should pay 8% simple interest on that balance.

 

 

I have reconstructed the balance and 8% of the positive balance works out at around £1000.

 

 

This means that the positive balance is around £12,000.

 

 

The FOS guidelines indicate that this amount should be returned along with the 8%.

 

The fact is that if you work out 8% interest and the compound interest and add the premiums paid then you come to exactly the same figure as the reconstruction award.

 

I am saying that Capital Once reconstructed the account, got the balance figure and correctly awarded the 8%.

Then they did something magical and awarded the premiums paid (£3000) and compound interest of £2000.

This comes to £6000. What they should have offered is the £1000 (8%) and then the £12000 (reconstructed balance).

 

I maintain that they are correctly calculating the 8% to keep HMRC and then doing some magic with the remainder.

 

I have pointed this out to them but they are saying that it is time barred and hence FOS cannot help with a adjudication.

 

 

I am suggesting that if you get a figure for the 8% then you should multiply this by 12.5 and add it to the 8% and that MUST be the minimum that you should be receiving.

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have you actually paid this account off and closed it?

 

If so then you should get 8% on the amount paid off vs the reconstructed balance.

 

The difference in the reconstructed balance to the amount paid off is the PPI premiums and associated contractual interest so you won't get that balance difference bacg twice...it has already been included in the first part of the redress i.e. Premiums Paid + Associated Interest.

 

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