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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
      • 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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Brightbums against Capital One


catherinebear
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Hi we took out a capital credit card in March 2004 we have since been in financial difficulties which has led to us now being told by Capital that we owe then an outstanding balance of £1300! However, when we received the statements we wrote to them setting out the charges that they had made and the interest which amounts to £1290.86. Therefore we do not see that we owe them anything and that the money they are claiming is made up solely of charges for late payment etc.

 

Do you think its best to go straight to the County Court on credit card charges or write to the Financial Ombudsman? Also does anyone know can you claim back for them charging purchase interest every month ev en though you have not purchased on the card or is this just the normal interest the bank would be entitled to under the terms of the card?

 

Many thanks everyone

CatherineBear

:D :D :DMoney in account £13216.66!!!!

GMAC - stmnts rec'vd letter requesting £1662 refund of chrges MCOL on line being issued for ERC

SPML - issued MCOL on 21.11.06!

Kensington - statements received letter requesting £2455.55 refund of charges issuing MCOL for ERC

MBNA - refund £341 offered-sent letter requesting refund of £3846.59 charges!!!!!!

Capital One-going to issue MCOL for £1243!

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Personally I would be filling in a spreadsheet for the charges and getting that sent off as soon as possible. :) I dont know about the purchase interest charges.

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  • 2 weeks later...

Hi CatherineBear,

 

I've lifted your post from another thread so it can be answered here without hijacking.

Hi there

 

Congratulations have just read all your thread. When you do the particulars of claim do you fill in on the Form N1 and then attached the typed Particulars. Also I am still confused can I claim interest on the charges together with interest on the retail interest they have been charging, dont understand how you have charged some interest and then some more. Would appreciate any help please as just starting this one although we won £13000 through this site from Abbey. Well done to you and all the other people who make this site the good thing it is.

CatherineBear

POC's and guide are here -

N1 POC's for Credit Cards: Abbey, Barclaycard, Capital One, Citicard, Co-op, Egg, Lloyds, MBNA, NatWest

http://www.consumeractiongroup.co.uk...lates-library/

 

The Site recommends you File at your local County Court if poss and not via MCOL, for various reasons.

 

You can claim back your charges and the interest you paid on those charges. Use the Advanced Credit Card Spreadsheet from here - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

When you file at court, then you add on the Statutory 8% interest.

 

Have you sent off your Prelim Letter and LBA and did you claim the charges and interest on those chgs as required.

 

Otherwise, you can just claim the charges plus 8% (when you File your claim at court).

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Hi there

 

Thank you so much for your help, I have done the usual preliminary letters where they offered a stupid amount. When I have done my calculation I have taken the charges and used the on line calculator spreadsheets frighten me!! do I then add another 8% on top or is that it, also I am still confused as to whether I claim back this retail interest they have charged me each month although I havn't used the card for yonks. Sorry to be so thick but I have been ill and have lost my way a bit and need to get back into the swing of things.

Many thanks

CatherineBear

x

:D :D :DMoney in account £13216.66!!!!

GMAC - stmnts rec'vd letter requesting £1662 refund of chrges MCOL on line being issued for ERC

SPML - issued MCOL on 21.11.06!

Kensington - statements received letter requesting £2455.55 refund of charges issuing MCOL for ERC

MBNA - refund £341 offered-sent letter requesting refund of £3846.59 charges!!!!!!

Capital One-going to issue MCOL for £1243!

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catherine

 

You can claim back that proportion of the retail interest that they levied on the charges - in your case that is pretty much all of it. When you claim in court you can add 8% to every charge and every interest payment - have alook at my interest tutorial (linked in my signature).

 

If you feel confident, you could actually charge a great deal more interest than that in restitution (I got 18.9% compound in my claim against Goldfish on top of charges and retail interest)

 

 

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