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    • 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
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Ash 95 v A&L ***WON! WON! WON!!!!***


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Has anyone requested charges under the DPA and received a whole list of what look like copy statements? how can i tell if they have defaulted me on my credit record from this? can anyone help?:???:

A&L MCOL Filed 10.09.06

A&L Settled in full 21.09.06 £1567.35

 

Lloyds Credit Card MCOL Filed 30.01.07

MCOL Issued 31.01.07

MCOL Judgement started 21.02.07

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You can't tell from this if they have defaulted you. You need to check with the credit reference agencies to see if there is anything on your file. If you look in the forum libraries you will find the addresses. Make sure you are fully familiar with the FAQ's and step by step instructions before you go further. It takes a few days to take it all in.:-)

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks very much. This sort of thing is all very new to me. I will check the agencies first. Cheers.

A&L MCOL Filed 10.09.06

A&L Settled in full 21.09.06 £1567.35

 

Lloyds Credit Card MCOL Filed 30.01.07

MCOL Issued 31.01.07

MCOL Judgement started 21.02.07

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Hi all,

Just got my LBA ready to send off today. It doesn't look as though I have been defaulted by A&L. I was confused how to work out what overdraft interest i was charged purely on the charge ammounts alone but I have it at £15.69 on charges of £1188 over the last six years. If i'm still not sure how i got to this figure should I leave it out even though I put it in my prelim letter? Or should I just stick with it??? Dont want to mess things up too much.

A&L MCOL Filed 10.09.06

A&L Settled in full 21.09.06 £1567.35

 

Lloyds Credit Card MCOL Filed 30.01.07

MCOL Issued 31.01.07

MCOL Judgement started 21.02.07

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  • 3 weeks later...

Hi, can anyone give advice? I received a letter today offering £100.00 (less than 10% of my claim) as full and final settlement. I have read the guidance notes but was wondering wether to write back first saying I would accept it as a partial settlement of the full ammount and see what they say. I am very nervous about all this legal stuff. Or do you think their answer will be the same? Is it worth a try or will I be wasting my time? Not sure how to word it either. Has anyone else had this type of offer? :???:

A&L MCOL Filed 10.09.06

A&L Settled in full 21.09.06 £1567.35

 

Lloyds Credit Card MCOL Filed 30.01.07

MCOL Issued 31.01.07

MCOL Judgement started 21.02.07

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Thanks very much. I will get something drawn up tomorrow and send it off. I will let you know what happens in a week!!! I may actually be able to sleep tonight now!!!:)

A&L MCOL Filed 10.09.06

A&L Settled in full 21.09.06 £1567.35

 

Lloyds Credit Card MCOL Filed 30.01.07

MCOL Issued 31.01.07

MCOL Judgement started 21.02.07

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Sent Data Protection Act, statements received today.Is the preliminary letter the next step, and how do I work out interest on charges (1112.50 over 2.5 years).Is interest included as part of claim at this stage? Help appreciated-want to send asap. Ta.

Please read the FAQ's and step by step instructions for the answers to these questions, and use your own thread (I have merged the 2 you had) for your own questions that are not answered elsewhere in the forum.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 weeks later...

Hi there,

 

Had my £100 credited with a letter saying 'thankyou for accepting our offer' and 'we are pleased you accepted' etc etc. Wrote back on 18th Aug saying that i have not accepted as final settlement etc nad gave them another further seven days. Yesterday received the standard 28 day relpy..again.. will file moneyclaim on Tuesday. Do I need to start preparing all the court stuff now? I'm not sure how to start putting everything together and this interest thing is still confusing me. I have filled in the spreadsheet for ms works but am not sure which figures to include???? Can anyone guide me on this please?

A&L MCOL Filed 10.09.06

A&L Settled in full 21.09.06 £1567.35

 

Lloyds Credit Card MCOL Filed 30.01.07

MCOL Issued 31.01.07

MCOL Judgement started 21.02.07

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Go back to the FAQ's, step by step instructions and bank templates library and all the information you need is there.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 weeks later...

Hi, Just have a couple of questions... I have been away and received a reply from A&L saying the £100 was as far as they were concerned final settlement despite my letters. I have got the figures from the simple spreadsheet but A&L have not had a copy yet.

I just sent back copies of statements when i did my prelim letter. As i have been away does it matter that i have not yet filed my moneyclaim? Should i send A&L a copy spreadsheet and also i didnt ask them for a breakdown of the administration of a charge (ie. £34.00). Should i do this now before i go to moneyclaim?

 

I think I am getting close now and just need to clarify these.

Ta very much.

A&L MCOL Filed 10.09.06

A&L Settled in full 21.09.06 £1567.35

 

Lloyds Credit Card MCOL Filed 30.01.07

MCOL Issued 31.01.07

MCOL Judgement started 21.02.07

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Hello again!

 

Sory but i just remembered one more question. has anyone ever heard of claiming for personal/administration time sorting all these robbing banks out? i think i read somewhere that you can claim a 'reasonable' ammount of time upto about £9.50 per hour. I cant find anything now and wondered if anyone has included it in a claim???

A&L MCOL Filed 10.09.06

A&L Settled in full 21.09.06 £1567.35

 

Lloyds Credit Card MCOL Filed 30.01.07

MCOL Issued 31.01.07

MCOL Judgement started 21.02.07

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You cannot claim administration time for this. Small claims are just to claim for financial loss.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi, Just have a couple of questions... I have been away and received a reply from A&L saying the £100 was as far as they were concerned final settlement despite my letters. I have got the figures from the simple spreadsheet but A&L have not had a copy yet.

I just sent back copies of statements when i did my prelim letter. As i have been away does it matter that i have not yet filed my moneyclaim? Should i send A&L a copy spreadsheet and also i didnt ask them for a breakdown of the administration of a charge (ie. £34.00). Should i do this now before i go to moneyclaim?

 

I think I am getting close now and just need to clarify these.

Ta very much.

 

Ignore them as they are ignoring you. You clearly stipulated in your letter that it was NOT full and final settlement and that you would persue the balance so go ahead and persue the balance. This entire proceedure has come about because they chose to make UNLAWFUL charges. Nothing gives them the right at this stage to dictate terms and conditions that got them into this mess in the first place. YOU are now dictating the terms and conditions and the law is on your side, so go ahead and dictate :D

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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Caro and Tamadus,

 

Thanks very much. I am starting MCOL today and I hope to have it finished and wrapped up today. I will kepp you posted on the outcome and keep reading the posts on your website which has been fantastically helpful. As far as the breakdown of the £34.00 goes that I should have requested from A&L, should I not put in the claim the part that says 'You have repeatedly asked the bank to justify their charges but they have declined to do so', or still put it in????

 

oh, and do I put on the claim about the £100 reveived in PART payment or just knock it off the total claimed?

 

ta very much.

A&L MCOL Filed 10.09.06

A&L Settled in full 21.09.06 £1567.35

 

Lloyds Credit Card MCOL Filed 30.01.07

MCOL Issued 31.01.07

MCOL Judgement started 21.02.07

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Just knock it off the total. Your court claim must be accurate, so make sure that you do not include anything that is incorrect. If the bank dispute this in their defence you might have a problem.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks,

 

I will miss out the bit about the charge breakdown request and knock off the £100 from the total before I add on the 8%. (in fact i'll try it on the speadsheet first, see if it works) Just need to make sure I get everything right.

 

I'm on the case now and can't wait to get this over with!!

A&L MCOL Filed 10.09.06

A&L Settled in full 21.09.06 £1567.35

 

Lloyds Credit Card MCOL Filed 30.01.07

MCOL Issued 31.01.07

MCOL Judgement started 21.02.07

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Ash95 - just go steady. Time is on your side. I spent a weekend doing my A&L moneyclaim, just checking my figures and re-reading the FAQ's. I downloaded the templates and some of the threads and read them as bedtime reading. Once I put the claim in, it was so simple - there is even an example of wording on the templates for your claim. We're all here for you, so don't feel too alone when it starts going 'legal'. Small claims courts are just that - small. So, don't feel intimidated by the official looking documents. I found it helped to log onto this section every day and it emboldened me. Good luck! Rosemary

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Thanks,

 

I started MCOL but had trouble with the address which I have read about in other posts and I have wrote out my figures etc. I'm going back in today to finish everything off and do checks. I know I have only put £15.69 overdraft interest on top of my charges to the letters I sent to A&L and it should have been nearer £130 which I found out afterwards from the spreadsheet but I'll just have to stick with my original figures. I have not said anything about the 8% to A&L, this is correct isn't it? I just put the 8% on my MCOL?

:confused:

A&L MCOL Filed 10.09.06

A&L Settled in full 21.09.06 £1567.35

 

Lloyds Credit Card MCOL Filed 30.01.07

MCOL Issued 31.01.07

MCOL Judgement started 21.02.07

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The best address to use is this one:

Alliance and Leicester Bank

Carlton Park,

Narborough,

Leicester LE19 0AL

just make sure you use the appropriate wording and check the statutoiry interest box and then add the 8% into your total, Personally I would include the full amount of interest they owe you,

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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Hi thanks for that. Is there any chance of it being thrown out if I change my figures??

A&L MCOL Filed 10.09.06

A&L Settled in full 21.09.06 £1567.35

 

Lloyds Credit Card MCOL Filed 30.01.07

MCOL Issued 31.01.07

MCOL Judgement started 21.02.07

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A&L will have to defend it to do that and as long as your spreadsheet shows you made your best estimate then it should go through ok. If they do defend on the basis your figures are wrong then all you need do is ask for theirs and adjust it. Its always best to have accurate figures first but we are not accountants with million dollar facilities available like A&L are so we are never going to be exact.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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Evening everyone,

 

Came home tonight to the Acknowledgement of Service saying that A&L will defend etc. they have until 10th Oct I think. I have read all the FAQ's etc etc but should I now start preparing paperwork, cuttings etc etc just in case?

Has anyone else prepared all this for the court?

A&L MCOL Filed 10.09.06

A&L Settled in full 21.09.06 £1567.35

 

Lloyds Credit Card MCOL Filed 30.01.07

MCOL Issued 31.01.07

MCOL Judgement started 21.02.07

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Evening everyone,

 

Came home tonight to the Acknowledgement of Service saying that A&L will defend etc. they have until 10th Oct I think. I have read all the FAQ's etc etc but should I now start preparing paperwork, cuttings etc etc just in case?

Has anyone else prepared all this for the court?

 

You have 28 days as well ash95 :) but going on there recent track record my guess is you will get a cheque in full settlement about this time next week.:p

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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your lucky ash, filed mine on the 4th sept and aint heard a thing.

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