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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.  

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      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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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.
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      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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Compound Charges question


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I have charge dating back to Dec 2000

 

the charge £20

 

Constantly in overdraft

 

Do I work the compond out as 20 + compount interest of 18.25% ?

 

 

6.1 years

 

20 + 35.42 compound int = £55.42

 

 

then work down the charges in the same manner?

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You can try, but think about the argument that you have to make to justify compound interest. This is not generally allowed in payment actions North and South of the border.

 

Judicial interest is applied in order to compensate the plaintiff/pursuer for the interest they could have received had the money not been wrongfully witheld from them. It is set at 8% for a reason. Indeed, given interest rates on savings accounts generally, 8% is generous.

 

The fact that the Bank may have charged you interest at a higher rate does not mean that you are entitled to interest on a claim at that rate.

 

The claimant must be a legal argument to justify this, so far on the site I have yet to see anything which would succeed in court. Indeed, claiming such a sum may justify a strike out application, leading tomore work and possible costs against the claimant should they lose on this point.

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The claimant must be a legal argument to justify this, so far on the site I have yet to see anything which would succeed in court.

There are successes on this forum though?? Some people must be putting up a good argument?

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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There is a difference between what Banks may agree to settle on for commercial reasons and the law that applies to the matter and would guide the decision of a Sheriff. The arguments suggested on this forum are not ones which the law, in its current state in England & Wales or Scotland, would recognise.

 

Some Banks seem more willing than others to settle these points, but there are certainly one or two who are requiring the plaintiff/pursuer to prove their cases in respect to these parts of their claim.

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I have template spreadsheets in my Chambers that ettempt to apportion any interest you were charged between the accumulated penalty charges to the date the interest was applied, and True overdraft.

 

You cannot apply a rate to the charges and arrive at a claimable figure easily at all. You will be likely to exceed the amount of interest they charged you in the first place.

 

More notes in Chambers on this.

Good luck.

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