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    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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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    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.
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Bonus V Capital One

Bonus77

By Bonus77
in Capital One

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Bonus77

Bonus77

Posted
Posted

Hi,

 

It all starts now. Prelim letter done, schedule completed. £280 claim submitted.

 

Thanks for info everyone who has posted, ive been reading like a madman and am ready to commence my first battle. I have a few financial institutions to tackle, and am going for it one by one.

 

I'll post any info on progress. :-)

 

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Bonus77

Bonus77

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Ok standard letter received stating how they believe charges are fair and offering an amount of £112 as the difference in OFT's supposed fair charge.

 

Ok, so is it LBA time now? Also, as the account is overlimit, now they have added another £40, can I add that to my claim in the LBA?

 

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clayts

clayts

Posted
Posted

Yes, add the £40 to your LBA and include the new charges on the schedule you enclose.

 

By all means accept their paltry offer as a partial settlement, but maintain you are continuing your claim for the rest. I don't think they give you much choice as they seemingly just credit it to your account anyway.

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morleywhite

morleywhite

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Posted
Yes, add the £40 to your LBA and include the new charges on the schedule you enclose.

 

By all means accept their paltry offer as a partial settlement, but maintain you are continuing your claim for the rest. I don't think they give you much choice as they seemingly just credit it to your account anyway.

 

when you say on the schedule you enclose is that like just a list of dates and charges etc or is something totally different ?

Halifax ACC 1

D.P.A sent 11/04.2006

Request for £190.00 sent 4/05/2006

£100 offer recieved 24/05/2006

L.B.A sent 30/05/2006

Moneyclaim submitted 3/07/2006

Paid up in full 27/07/2006

 

 

 

Halifax ACC 2

Request for £1218.00 + £261.34 int sent 30/05/2006

No response

£340.00 offer recieved 7/06/2006

L B A sent 14/06/2006

Moneyclaim submitted 3/07/2006

Paid up in full 27/07/2006

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Bonus77

Bonus77

Posted
  • Author
Posted

Okay, still no reply and they havent even creditted the acconut with the £112 partial settlement.

 

So, next step on friday is to start the money claim. I will get reading to prep.

 

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clarkey1

clarkey1

Posted
Posted

Bonus77

 

Copy and past the following in your claim form if it helps and just fill in your dates and figures.

 

I have a contract with Capital One Bank from 2000

which is conducted on their standard terms

and conditions. I am claiming the return of

money taken by the defendant

by way of charges over the last 6 years

and interest they have levied on those

charges. These charges are a

disproportionate penalty and so

unenforceable as they are contrary to common

law. Further, as a disproportionate penalty

they are invalid under the Unfair

(Contracts) Terms Act 1977 s.4 and under the

Unfair Terms in Consumer Contracts

Regulations 1999. Para.8 and sch.2(1)(e). In

the event that the charges are not a penalty

they are unreasonable within the

meaning of the Supply of Goods and Services

Act 1982 s.15. I also claim interest under section 69 of

the County Courts Act 1984 at the rate of 8%

a year from 08/05/2000 to 09/05/2006 of £

600,and also interest at the same rate up

to the date of judgment or earlier payment

at a daily rate of 8%.

 

Hope this helps.

  • Confused 1

Best Regards<br />

<br />

Clarkey1<br />

<br />

<b><font color="red"><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" /> <u>If I have helped then please click on the scales</u> </font></b><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" />

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Bonus77

Bonus77

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Posted

Okay, just finished completing my claim, but i havent submitted it as the 14 days doesnt really end until tomorrow. ( Letter dated 14th July 2006, sent recorded post 15th July 2006.)

 

So.. made a claim for £260 + £15.21 interest and £30 Fee. Its ready to go bar a full settlement in the post tomorrow.

 

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clarkey1

clarkey1

Posted
Posted

Bonus,

 

Yes you can claim the £20 you have incurred during the process,

 

I notice when you started your claim you were claiming £280, and you have reduced this on your claim form are you letting them off with the £20 quid?

Best Regards<br />

<br />

Clarkey1<br />

<br />

<b><font color="red"><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" /> <u>If I have helped then please click on the scales</u> </font></b><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" />

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Bonus77

Bonus77

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  • Author
Posted

I spotted that I made a mistake originally. They had reversed a charge, so I deducted that before i made my initial request.

 

Thanks for your help Clarkey1, I will certainly add the new £20 charge.

 

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clarkey1

clarkey1

Posted
Posted

Your welcome and go luck

Best Regards<br />

<br />

Clarkey1<br />

<br />

<b><font color="red"><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" /> <u>If I have helped then please click on the scales</u> </font></b><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" />

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Bonus77

Bonus77

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Posted

Okay, thought i would give them til today just to allow for postage time.

 

I have completed my claim, but i want to check the address im serving.

 

Its

 

Capital One (Europe plc)

PO Box 5281

Nottingham

NG2 3FA

 

Is that the one I should use?

 

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clarkey1

clarkey1

Posted
Posted
Okay, thought i would give them til today just to allow for postage time.

 

I have completed my claim, but i want to check the address im serving.

 

Its

 

Capital One (Europe plc)

PO Box 5281

Nottingham

NG2 3FA

 

Is that the one I should use?

 

The Post Code is NG2 3HX.

Best Regards<br />

<br />

Clarkey1<br />

<br />

<b><font color="red"><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" /> <u>If I have helped then please click on the scales</u> </font></b><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" />

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Bonus77

Bonus77

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Thanks again Clarkey1.

 

Just lastly, when ive seen some claim descriptions they have mentioned that the company have refused to give a breakdown of their cost. Shall I mention something similar in my claim description or literally as you put it in an earlier post?

 

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clarkey1

clarkey1

Posted
Posted

The claim form on money claim online is a bit complicated as you are only limited to a number of letters and lines.

 

However what I have done is complied with the information required aswell as informing the court of my legal requests, and it all fits the form.

 

I would reccommend you do the same as this has worked for me on two occasions.:)

Best Regards<br />

<br />

Clarkey1<br />

<br />

<b><font color="red"><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" /> <u>If I have helped then please click on the scales</u> </font></b><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" />

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Bonus77

Bonus77

Posted
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Posted

Cheers for the reassurance Clarkey1. Just filed the claim, cheers for your continuing help.

 

Claim Filed: 6QZ50838

 

Shall I now send a letter to Cap one advising what ive done or just leave it to the courts now?

 

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clarkey1

clarkey1

Posted
Posted

No, just let it take its course.

 

You will need to PM Bookworm so she can post your claim details in the litigation section.

 

Then sit back and start on your next bank or put your feet up and wait.

 

Good Luck again.:wink:

Best Regards<br />

<br />

Clarkey1<br />

<br />

<b><font color="red"><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" /> <u>If I have helped then please click on the scales</u> </font></b><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" />

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Bonus77

Bonus77

Posted
  • Author
Posted

Okay, I received a reply today from R.Udy, saying that they have refunded the partial amount to my account and the cannot refund the remaining £148 to clear the amount im claiming.

 

Problem is, ive already submitted my claim for £280+interest and fees. What do I do? As they didnt reply before the 14 day deadline I didnt expect them to credit my account at all. Do I need to re-submit my claim? or do I just write to Cap one explaining that the deadline had expired so I cant accept the partial payment.

 

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