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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
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    • 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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barracad v Capital One - **WON**


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Hmmm I thought I already had a thread running in this forum... apparently not!

 

So here goes:

 

Prelim sent: 09/06/06

LBA sent: 24/06/06

 

 

They've completely ignored both letters so I've started a claim against them.

 

£200 + £19.82 interest + £30 Court fees + 4 whole shiny pennies per day interest until they cough up.

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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  • 3 weeks later...

Letter received today. Capital One reckon they don't owe me a penny, but they are giving me the whole lot back anyway.

 

£249.82 being refunded :-D

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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Congratulations.........Yippee.

 

They have already offered me £423 but not sure how much I have paid. So told them 100% please or see you in Court.

 

Once again CONGRATULATIONS...:razz: ..:razz: ...:razz: ...:razz: ...:razz: ...:razz:

Abbey National - Prelim Letter sent / LBA sent 10th August.

Capital One - Data Protection Act S.A.R - (Subject Access Request) sent - Offered £428 - Refused. Statement received Actual charges £1060. M/C ISSUED PAID IN FULL I WON

GMAC Redmption Penalty - Letter sent requesting full detailed explaination of charges/exspense and penalty charges received

Yorkshire Bank/Visa - Data Protection Act S.A.R - (Subject Access Request) sent. Visa Prelim sent £235. No statements as yet for Bank Account.

 

This site has been so helpfull I will donate to keep it running to help others. :p

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Well Done Barrcad on Getting Your Money Back.

Capital one have been sly with me, no letters with any offers,, they just refunded £80.00 of the £200.00 Im claiming in my account, Ive spoke to them about this & they say, thats full & final, which I know Im not leaving it there, only problem I have right now, Im scared to use my credit card, coz if I spend any of the money they refunded, it might look like I've accepted, so any help on this I would be grateful

Well Done Again

Angi x

Good Luck with Your Claim

 

Angi x

 

 

:) If I have been of any help, please click the Scales of 'Justice' in the botton left corner. ;) Thanks

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They didn't send me any response whatsoever to my preliminary letter or LBA. If they have put in writing that they are refunding the £80, then write to accept it as part payment anyway - this way you are able to spend the money.

 

If they haven't said anything to you, but £80 has been credited to your account, don't spend it.

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 so much for telling me that, they said I should have had a letter about the offer, but I've had nothing, so will take your advice, I wont spend (yet lol) till I have full amount.

 

soz for using your thread, but I didnt know what to do about it.

 

Thankyou Again

 

Angi x

Good Luck with Your Claim

 

Angi x

 

 

:) If I have been of any help, please click the Scales of 'Justice' in the botton left corner. ;) Thanks

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Hi,

 

Article from Daily Mirror 31st July, page 18. Quote "Captial One forgot to send Terms & Conditions to more than 100,000 card holders, a legal requirement - after they bought payment protection insurance. This means the customers are entitled to a full refund - even though their insurance remains in place. Capital One have written to about 6000 customers to offer them their money back and gauge how many will want a refund."

 

I haven't had a letter yet, so going to remind them I've paid £535 for this in the past two years.

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Congratulations barracad!

 

SaudiMail - Thanks for your post about payment protection insurance.

Regards,

Bean

Lloyds TSB - 27/11/06 - £6377 paidrest with FOS

 

SETTLED

Cap One - 6/10/06 - £875

Lloyds TSB (MC) - 20/10/06 (BY DEF) £372

Hitachi Cap - Nov. 06 - £207

Citi Cards - 28/12//06 - £220

Monument - 23/1/07 - £889

Barclaycard (Mrs. Bean) - 19/2/07 £376

Opinions / advice of Bean are independent, informal, without prejudice, without liability, not CAG endorsed. If in doubt, ask a qualified professional.

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