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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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Thunderpuss2k v Smile


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12/6/06 sent DPA SAR.

13/6/06 DPA SAR delivered.

12/7/06 Statements and notepads appear through door.

 

Will update this thread as I go..

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Total charges (10/03/03 - 21/06/05): £735.50

8% interest to date (for information only at this stage): £116.38

 

Prelim sent 12/07/06.

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Oh forgot to mention here (it was in another thread).. they sent my £10 cheque back as apparently I hadn't given them instructions on where to deposit it. Looks like the DP person had sent it somewhere to deposit and forgotten to send instructions with it. Or something like that.

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Letter this morning from Lee Saunders at the Smile Complaints Team. Looks like the standard template letter, sorry you've made a complaint, we'll get back to you, complaints procedure is on their website as they're regulated by under the FSA (eh? What's wrong with the Banking Ombudsman all of a sudden?)

 

Time is ticking as usual.. got until the 28th to respond before LBA.

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  • 2 weeks later...

LBA sent 28 July 06.

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I thought the 8% is only after court action, you just get overdraft interest back before that?

______________

22nd Sept MCOL filed vs smile bank :!:

 

27th Sept LBA amount paid by smile

 

6th Oct Full MCOL amount paid by smile

 

Result = :D

 

 

 

 

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I thought the 8% is only after court action, you just get overdraft interest back before that?

 

It is, that why I put 'for information only' next to it :)

 

I haven't mentioned the 8% interest in any of my correspondence with Smile - only the main claim amount.

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  • 2 weeks later...

14 days from the LBA is up today. And today, I received another letter.

 

Sorry you've felt the need to make a complaint, etc etc. From 'Jayne Jones' at the Smile Complaints team. Pretty much word for word as I got from Lee Saunders a while back.

 

Moneyclaim going in on Tues/Weds, as I'm going to give them a few more days.

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It looks like you're getting the same kind of response as I'm getting from Smile.

 

I just noticed today though that they say they will go by the timeframe set out by the banking ombudsman as set out on their website. This means that from the first complaint they only have 4 weeks to sort out your complaint, or you can escalate matters. This means that by the time your LBA 14 days are up, they should have resolved the problem.

 

I'm going to E-mail them on Tuesday saying this in the hope they'll settle before I have to go through the MCOL!

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Well I've just put the claim details into Moneyclaim, and it's currently sitting at £947.29 (£745.50 of charges, £121.79 of interest and £80 court fee).

 

They've got til Tues or Weds before I push the button to submit the claim.

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Claim submitted for total of £947.29

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  • 2 weeks later...

I thought it only cost £30 to submit a claim, I haven't even got £80 at the moment,

 

good luck, it seems Smile are slowing down and people are starting to get to the claim stage n ow which is a pity as I have just sent my LBA.

 

Barclaycard Student credit card £400 partial refund received, S.A.R -

Open & Direct Finance- extortionate, cca to Rockwell debt collection they ran away, now with Bryan Carter, no cca 17/03/08 sent back to Open

Pugsley v Littlwoods, have not received the signed credit agreement only quoting reg of 1983

Pugsley v Fashion World JD williams, 17/03 2008 Debt Managers returning file to JD williams as they could not supply the credit agreement

Capital one MCOL Settled in full

Smile lba settled in full

advice is given informally and without liability and without prejudice.

 

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Hi Pugsley

 

Depends how much the claim is for:

 

up to £300

£30

£300.01 - £500

£50

£500.01 - £1,000

£80

£1,000.01 - £5,000

£120

£5,000.01 - £15,000

£250

£15,000.01 - £50,000

£400

£50,000.01 - £100,000

£700

£100,000.01 - £150,000

£900

£150,000.01 - £200,000

£1,100

£200,000.01 - £250,000

£1,300

£250,000.01 - £300,000

£1,500

over £300,000 or for an unlimited amount

£1,700

 

 

Hope that helps :)

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thanks that is really useful, was just looking for that! I think I can get away with no charges as although I'm claiming housing benefit my income is a bit less than the threshold for income support and I would qualify for this benefit if I could face claiming for it. At the moment I'm about to fund myself through the last term of law school so it isn't worth me claiming income support.

 

Barclaycard Student credit card £400 partial refund received, S.A.R -

Open & Direct Finance- extortionate, cca to Rockwell debt collection they ran away, now with Bryan Carter, no cca 17/03/08 sent back to Open

Pugsley v Littlwoods, have not received the signed credit agreement only quoting reg of 1983

Pugsley v Fashion World JD williams, 17/03 2008 Debt Managers returning file to JD williams as they could not supply the credit agreement

Capital one MCOL Settled in full

Smile lba settled in full

advice is given informally and without liability and without prejudice.

 

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  • 2 weeks later...

Just a quick update, they acknowledged the claim on 25th August.

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good luck, I think I will be issuing a claim within the next few days too, even though I have only asked for £120.00, Smile have become lax it seems.

 

Barclaycard Student credit card £400 partial refund received, S.A.R -

Open & Direct Finance- extortionate, cca to Rockwell debt collection they ran away, now with Bryan Carter, no cca 17/03/08 sent back to Open

Pugsley v Littlwoods, have not received the signed credit agreement only quoting reg of 1983

Pugsley v Fashion World JD williams, 17/03 2008 Debt Managers returning file to JD williams as they could not supply the credit agreement

Capital one MCOL Settled in full

Smile lba settled in full

advice is given informally and without liability and without prejudice.

 

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Oh it's a shame they are letting us get to the MCOL stage - any ideas why - is it because they have so many, or they're hoping we'll back down?

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Oh it's a shame they are letting us get to the MCOL stage - any ideas why - is it because they have so many, or they're hoping we'll back down?

 

Maybe a bit of both? A little dissapointing...

Current projects:

 

First Direct

MCOL Filed 24/9/06

£3116.60 including 8% interest

Offer from DG £1618.30, 3/10/06. Accepted as Partial Payment Only - pursuing remaining ££££

Offer for £3236.60 (full amount, plus court charges) from DG 10/10/06.

Accepted, crossed out confidentiality clause, funds cleared. Thanks to all for help and support.

Barclaycard

MCOL Filed 4/10/06

£1370.22 including 8% interest

Payment of £216 (:lol:) received. Settlement politely declined...

Allocation Questionnaire received 8/11/06

 

Smile

Prelim sent 23/09/06

LBA sent 27/10/06

£2435

Payed in full, just before MCOL, 17/11/06

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  • 2 weeks later...

Smile have filed a defence, as soon as I get a copy I'll post it in here.

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Who knows, but they had four days left to file the defence before the time ran out. Nothing like cutting it fine eh?

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Defence turned up this morning, it says they've already paid it. Then I opened another letter to find a cheque for the full amount.

 

:)

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does that include interest and costs? Well done!!

 

Barclaycard Student credit card £400 partial refund received, S.A.R -

Open & Direct Finance- extortionate, cca to Rockwell debt collection they ran away, now with Bryan Carter, no cca 17/03/08 sent back to Open

Pugsley v Littlwoods, have not received the signed credit agreement only quoting reg of 1983

Pugsley v Fashion World JD williams, 17/03 2008 Debt Managers returning file to JD williams as they could not supply the credit agreement

Capital one MCOL Settled in full

Smile lba settled in full

advice is given informally and without liability and without prejudice.

 

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