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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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6 years of (allegedly) Robbing Burgling Stealing


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Just found this website today. Some great stories on here and some very helpful members by the looks of it. Just today I sent off my first letter to the RBS claiming back £2892 plus £506.43 interest. Was I wrong to claim the interest at this early stage? I read a comment along those lines that if the bank offer settlement then I cannot claim the interest. Just seeking reassurance really that I've followed the correct procedure to maximise my claim. Anyone.....

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You can only claim the statutory 8% interest, once you file the claim at the County Court (or MCOL). Therefore we leave it out until this point.

 

However, you can claim contracual interest from the start.

 

So if the banks start settling before a claim is filed, the only way you will get interest is by claiming the contractural rate, not the statutory 8% under the County Courts Act.

 

Which rate are you claiming?

for FAQs & Step By Step

click here

for Templates Library

click here

for Court Bundle

click here

________________

 

WON 121o121 'vs' LloydsTSB

here

WON 121o121 'vs' Halifax C C

here

WON 121o121 'vs' Cahoot CC

here

WON 121o121 'vs' LloydsTSB (again)

here

 

________________

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Well I presume I'm claiming the statutory 8%. I'm merely following the steps as outlined on money saving expert. I completed the interest calculator and it provided with the figure of £500 odd. Have I gone about it right then?

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No.

 

You should not claim the statutory interest at this point. Statutory interest can only be claimed when filing at court.

 

If the bank offer you full settlement without the 8% before you file at court, you will have to accept. If they don't make an offer, once you have filed your claim, the 8% can and should be claimed in full.

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They'll just ignore it. However, it does prove to them that you are unsure of what your doing.

 

Not having a go, but have a good look through the FAQs and Step by Step guide. I know theres alot to rummage through, but it will save costly mistakes later.

 

If your unsure of something, just ask.

for FAQs & Step By Step

click here

for Templates Library

click here

for Court Bundle

click here

________________

 

WON 121o121 'vs' LloydsTSB

here

WON 121o121 'vs' Halifax C C

here

WON 121o121 'vs' Cahoot CC

here

WON 121o121 'vs' LloydsTSB (again)

here

 

________________

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No, it doesn't matter, as in it doesn't cancel your claim or anything like that... It does show that you don't really understand how it all works, though, which can be potentially risky, should the bank decide to push back. However, the good news is that you are early on in your proceedings, so it's all fixable.

 

In your next letter, make sure you use the template on this forum, which states that you will be claiming the 8% when you file claim, so that the bank can see you have got back on your feet.

 

In all honesty, there is always the possibility that they would pay the 8% now, but the point is you are not entitled to it, so you have to decide on whether you want to do it the chancey way, or the correct way. ;-)

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Cheers for your help. Not sure how I went wrong as I was only following the step by step on moneysavingexpert. I'll stick with this site from now on. Thanks again...

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just been back on to moneysavingexpert and looking at the step by step process and it says this:

 

Charge interest on top

If you won via the courts, you would be entitled to add 8% interest (not compounded) on top from the date you were ‘first deprived’ of the money (i.e. the date of each charge). Therefore you may want to ask for the interest as part of the initial claim. It's important to understand that you are not legally entitled to interest unless you win in court, yet all prior letters are a tool of negotiation; think of it a bit like haggling.

 

confused?!?!?!?!

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  • 2 weeks later...

ok the bank's 14 days are up today to respond to my initial request for repayment so I'll check my post tonight then send the next correspondance off tommorrow. Last time I dropped a bit of a clanger by claiming the 8% interest. Some of you pointed out I'm not entitled to it yet. This time I've used the template on here for my LBA. My question is: Should I just remove the Interest column from the last schedule I sent them? Should I leave it as my new letter states that I'll be claiming it IF it goes to court?

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anyone help please? just wondering if I should hide the interest column on the schedule I'm sending them now? As you can see from above I made an error initially and included the 8% on the advice of moneysavingexpert. I'm sending it off today. Cheers....

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  • 1 month later...

Well just an update of my situation. I was all set to file my claim online when I got home last week and they'd sent a letter through saying they'll refund ALL charges which was nearly £3k. Just want to thank those on here for the help and I'll make a donation to the site.

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