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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
      • 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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Nick vs HFC


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http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html have you read this section . Directions hearing is similar to an allocations hearing.

 

 

Thanks Saintly, didn't come across that section before.

 

Oh and found that wintess statement, thanks again! :-)

 

Any ideas for the t&cs?

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I just spoke to the court and they said that there is a Small Claims hearing listed for the 6th of march, not a Directions Only hearing as I have been notified in the Notice of Allocation.

 

Lady at the court said I have to make a request in writing to find out exactly what kind of hearing this will be. Seriously confused now!

 

From reading up a bit it appears that a bundle isnt required for a directions hearing, so it is confusing that ive been ordered to submit all my evidence 14 days before this hearing?

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Got an offer, its £300 short though. Theyre claiming my interest calcualtions are wrong, under section 69 of the County Courts Act.

 

'Interest is calculated at a daily rate from the date that each charge was applied. A £25 charge on 5th sep 2004 interest should be calulated as £25 x 0.00022 to give a daily rate of £0.0055 x 1249 days is £6.87.

 

I though I could put the same interest rates on the template spreadsheet as they charge me on my credit card. Is this right

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The s69 interest is 8% ......... If you have put the amount that they charged you on your Credit Card then you have claimed contractual interest

 

Ok I understand that. How should I go about writing a response to their offer asking for contractual interest?

 

And am i right to claim contractual interest or would the court only award s69?

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At the court stage in my claim against HFC and had an offer from them today:

 

http://www.consumeractiongroup.co.uk/forum/hfc-household/126256-nick-hfc-2.html#post1370669

 

I was claiming contractual interest, and attached a spreadsheet to my claim form showing this.

 

In the offer they are offering only s69 interest at 8%, and looking at my POC Ive seen that this is what I wrote i was claiming, even though I put the figure for Contractual Interest.

 

Where do I stand, should I just accept the 8% now?

 

Really bugs me that by accepting the 8% they've still made money on the charges theyve put on my account from the extorniate interest they charge.

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It seems like common sense to me - thats the interest theyve charged me on the debt built up by the charges so surely its only reasonable to claim that back too?

 

Can you point me in the direction of some info on how I would go about arguing this in court?

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Can you point me in the direction of some info on how I would go about arguing this in court?

Sempra Metals is useful. See here:

Compound interest is payable in restitution - Times Online

 

Full Judgement here:

House of Lords - Sempra Metals Limited (formerly Metallgesellschaft Limited) (Respondents) v. Her Majesty's Commissioners of Inland Revenue and another (Appellants)

 

Plus you will need to amend your POC's

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2 threads merged. Please keep to one thread per topic, thanks.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally 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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