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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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I Won, I Won-----cant Quite Believe It!!!!!!!


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Hi

Well tomorrow I will have the £80 court fees and I am going to file my claim. I have read the Guide to Moneyclaim but cant find the spreadsheet to work out the interest.Another poster has kindly worked it out for me on the excel but I just noted there was one available if you dont have excel.Can anyone help me find it? Maybe I am not looking in the right places. Also I am now well over my limit with Capital One and dont have the monies to pay the balance owing for this month----obviously due to their ridiculous charges over the years!! Shall I try and make them a payment this month? Not sure what to do ? They phoned me a few times last week but I was out----I havent had any calls this week as yet!

Thanks xx

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It's in the TEMPLATES LIBRARY called Open Office - Spreadsheet for interest

 

However, there is also an online version if you like.

 

With regards payment, I would suggest that since you are claiming for a substantial amount, you write to them and let them know that you consider the amount owed to be 'in dispute' and that you are currently commencing legal action to recover the funds. You are not prepared to make further payments until a court has decided the outcome.

 

So there.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Hi Jon

Thanks for your helpful reply---I will get that letter written tonight and posted out tomorrow recorded delivery.

I have found the spreadsheet-----many thanks. I will keep the thread updated.

x

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Hi

Well I have got my £80 waiting in the bank to pay the Court fee and the claim has been written. I couldnt open any of the spreadsheets so a lady on here kindly worked out the interest for me(many many thanks!!) but I still need to work out the daily interest. I found the formula the other day and worked it out at £0.14 but I cant find it anywhere now just to double check!!

Could someone please help me so that I can submit my claim today.

Many thanks to everyone on here xxx

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Claim amount x 0.00022 = Daily rate of interest.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Thanks Barracad---Can I just ask do I include the Court fee in the amount I am claiming when working out the daily interest rate or is it just the whole amount that Capital One owe me in charges plus interest?

Thanks for your help xx

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Exclude the court fee. So if the amount you are claiming is £700 as stated in your OP it would be £700 x 0.00022 = £0.15

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Is the interest the 8% interest worked out using the spreadsheet, or the overdrawn interest you have been charged?

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Hi

I cannot access the spreadsheet so a poster kindly helped me. I forwarded her all the dates etc of overlimit fees and charges(plus dates) and she worked the figure out at £93.88.

Thanks again for helping me x

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I am assuming the interest you are claiming is the basic 8%, so your daily rate of interest would be excluding this amount.

 

So £718 x 0.00022 = £0.16 daily rate of interest.

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Hi

I am halfway through filling the Court form in. Could someone please advise which box i tick underneath the claim bit. It reads:

Does the claim include any issues under the Human Rights Act 1998 yes/no

 

Also

Do you want to reserve the right to claim interest yes/no

 

Thanks for any help xx

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Hi

I am halfway through filling the Court form in. Could someone please advise which box i tick underneath the claim bit. It reads:

Does the claim include any issues under the Human Rights Act 1998 yes/no

 

Also

Do you want to reserve the right to claim interest yes/no

 

Thanks for any help xx

 

Human Rights Act = No

 

Interest - Well we've just been discussing interest and I've helped you work out the daily rate of interest, so after all that I hope you do want to claim interest! :)

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Hi

Thanks!

I had actually clicked yes on the interest one but just wanted to double check it was the right answer! :)

Thanks again----I may get it finished by dark LOL xxx

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Hi

Just to say I have received a "Notice that Acknowledgement of Service has been filed".It is signed by Wendy Star and it states that they intend to defend all the claim. This was signed June 5th.

Can you advise what I need to do now? Am I right in thinking I just wait and see what happens now(fingers crossed they will pay up!!!)

Thanks xx

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Yes, sit tight.

 

They will either submit a defence and there may be need to fill in an Allocation Questionnaire, or they will offer to settle, or finally they will do nothing and you win by default.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Thanks Jonni for your reply---I will just sit tight!!

 

I have received a letter from Capital One today offering me £312 which they are going to add on to my June statement!!This is, apparently, the difference between the £20 fee which they charge and the £12 that the OFT recommend!!!!

Getting closer LOL!!!!!!

xx

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