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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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Baslow138 v Cap One **Won**


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Not to our knowledge. They seem to pay out the purchase rate of interest. Not full CCI, but we can't complain at that.

 

So purchase rate of interest would be say 28% applied to each charge seperately and not compounded?

 

Can you claim 8% in addition as compenstaory interest?

 

Thanks

 

Baslow

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You can't claim the 8% if you're claiming CCI. I have seen the purchase rate that high on other claims.

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I rang them up and asked them apr they were charging me and it was 28.5%.

 

Im still confused can I compound this or do I need to add 28.5% to each charge seperately?:confused: sorry for being particularly dim today!

 

Bas

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You add this to each charge on the spreadsheet. The correct spreadsheet would work all of this out for you.

 

We add interest to each and every penalty charge, AND each and every bit of interest that was charged on that charge. We add it at the current rate, NOT at any older rate. You are charging them NOW, at the rate they are currently applying.

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Yes that's ok.

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  • 4 weeks later...

Just putting finishing touches to POC but finally started to fill in N1 and no where is the info on what to put in the box " brief details of claim"

Does this need to be legal speak or can I just say "claiming back charges and contractual componded interest on a credit card account"

 

Thanks

 

Baslow

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  • 2 weeks later...

Having a 'mare currently with my schedule one. Ive 'mislaid' my Cap 1 statements and Im trying to fill in the charge reason section on my spreadsheet.Mine currently has late payment on all charges but I think Im wrong. Does any know when you get two charges in a month which comes first over limit charge or late payment charge?

 

Thanks bas

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It varies tbh, mine jumped between overlimit and late.

 

 

Bit of advice though, keep everything you have in a big folder. ;)

NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

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They won't 'jump' on it as such, but they will make ammendments to it where necessary. It may be best applying for SAR again so you're not on the back foot.

NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

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  • 6 months later...
  • 2 weeks later...

A delay in my papers being filed as I made a couple of errors which meant my papers and a cheque for £85 was returned.Slowed me down as I didnt have a bank account to put the cheque in so the court have had to recall the cheque which takes a week or so. Hopefully papers should be served by end of the week.

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Ok, keep us updated on your progress.

WARNING TO ALL

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  • 2 weeks later...
How quickly should the court send you the copy of your papers? Mines been with them for 8 days now and seen or heard nothing

 

 

Hi Bas,

 

Normally only a few days. Ring the court to make sure they were served.

 

Jogs

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  • 2 weeks later...

Well I recieved an acknowledgement of sevice on 14 August 2008. The defendant responded to the claim indicating an intention to defend all of the claim

 

I presume this is the normal response form Cap One but still wondering if Ive not got to actually turn up in court.

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  • 2 weeks later...

A quick note to say Ive won! Cheque not arrived yet but offer made.I made a few mistakes in my poc which I only spotted retrospectively but could ahve delayed my case or had it thrown out.Must be busy in Nottm because they never even looked I dont think

Thasnks to all and donation on way soon

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