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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
      • 160 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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Hi.

 

I've read as much of the forum as my patience (and pocket) will allow. Now I'm ready to bleed my cash back from the RBS.

 

I have all my bank statements and have used the 'lady with the teeth's' wonderful spreadsheet to calculate a total - about a thousand pounds in charges.

 

I intend the following:

 

1. To claim for five year's charges (the maximum allowed in Scotland, as far as I can tell).

 

2. To split my claim into less-than-£750 actions, thus keeping it in the small claims court.

 

3. To claim A) Charges B) Interest paid on Charges C) Contractual Interest on Charges and Interest. As I understand it I can claim all three in my preliminary letter, and can further add statutory interest if/when I lodge a claim with the court.

 

4. As I understand it, contractual interest would be in the region of 30%, at unauthorised overdraft rate, and would raise my total claimed to about £1800.

 

It would be incredibly reassuring if anyone could confirm that I'm correct in claiming interest and contractual interest at the first approach - and if so, that 30% is a reasonable figure.

 

Thanks in advance...

 

I can't wait to donate! And buy some whisky...:D

 

mfp.

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used the 'lady with the teeth's' wonderful spreadsheet to calculate a total .

 

PMSL :lol:

 

As I understand it, contractual interest would be in the region of 30%, at unauthorised overdraft rate, and would raise my total claimed to about £1800.

 

It would be incredibly reassuring if anyone could confirm that I'm correct in claiming interest and contractual interest at the first approach - and if so, that 30% is a reasonable figure.

 

If you are claiming contractual interest then yes you do claim from the start, along with any interest paid on charges as calculated by your spreadsheet. As for the rate of interest you use, then that's up to you to decide which one to go for - some use authorised as a safer, part tested option and & some unauthorised, based on the theory that they have taken your money without permission. As far as I'm aware the latter is a fairly new theory here and I'm not sure if there are any reported successes as yet (praps someone will be along to confirm this)

 

if you do a forum search on 'contractual interest' then there are loads of threads on the subject which may make things a little clearer on your options

 

Hope this helps - Good luck! :)

  • Haha 1

links to my current claims ...

My claim - Yorkshire Bank Visa

chezt V RBS Mastercard

Chezt v RBS Joint Account

chezt v Abbey Credit Card

 

Settled ...

chezt V Duet Card/Creation Finance

chezt v's Studio Cards

chezt v's Littlewoods Catalogue

 

Next ...

Abbey Joint a/c & Single a/c

Barclaycard (Mine & Hubby's)

Anyone else I can think of ...! :rolleyes:

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chezt,

 

thanks for replying...

 

Yeah, I really think I'm looking for someone to pat me on the back and say, 'Go kill!'... so thanks for the confirmation about the interest.

 

As to the rate: I'm aware that a lot of folks on the forum advise caution - perhaps I'll drop it to the agreed overdraft rate.

 

Cheers,

mfp.

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That's ok

 

Another option is to go for the higher unauthorised rate then if/when it goes to court you can request authorised as an alternative with 8% statutory as an alternative to that - then it's up to the judge to decide - makes you look reasonable of course.

 

Remember though this only a choice for the judge, not the bank - once u decide what ur going for with the bank then stick to it.

links to my current claims ...

My claim - Yorkshire Bank Visa

chezt V RBS Mastercard

Chezt v RBS Joint Account

chezt v Abbey Credit Card

 

Settled ...

chezt V Duet Card/Creation Finance

chezt v's Studio Cards

chezt v's Littlewoods Catalogue

 

Next ...

Abbey Joint a/c & Single a/c

Barclaycard (Mine & Hubby's)

Anyone else I can think of ...! :rolleyes:

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good luck

links to my current claims ...

My claim - Yorkshire Bank Visa

chezt V RBS Mastercard

Chezt v RBS Joint Account

chezt v Abbey Credit Card

 

Settled ...

chezt V Duet Card/Creation Finance

chezt v's Studio Cards

chezt v's Littlewoods Catalogue

 

Next ...

Abbey Joint a/c & Single a/c

Barclaycard (Mine & Hubby's)

Anyone else I can think of ...! :rolleyes:

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If u do things by the book I'm sure u won't need it! ;)

links to my current claims ...

My claim - Yorkshire Bank Visa

chezt V RBS Mastercard

Chezt v RBS Joint Account

chezt v Abbey Credit Card

 

Settled ...

chezt V Duet Card/Creation Finance

chezt v's Studio Cards

chezt v's Littlewoods Catalogue

 

Next ...

Abbey Joint a/c & Single a/c

Barclaycard (Mine & Hubby's)

Anyone else I can think of ...! :rolleyes:

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Here we go.

 

Prelim letter sent away today... first claim for:

 

Charges = £330.00

Interest on charges = £6.16

Contractual Interest = £369.24

 

Total = £705.40

 

Bugger me...:smile:

 

mfp.

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