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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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kemjvm v Cap 1


kemjvm
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Hi

 

I have sent my request for refund to Cap 1 and have today received a letter back from them. It's the usual "we think £12 is a fair charge therefore we will reduce the fees and give you £x back....." and enclosing a page to sign as acceptance of offer.

 

They have actually offered the total amount I am claiming from them, which is great for me because I can just accept it! However, if I sign the form, will this make me unable to claim any charges back they may add in future? Should I write on there that I accept the full refund for past charges? This amount is not including any interest charges I may have had added on over time. Do I need to decline and pursue for interest back?

 

Thanks in advance

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Hello kemjvm.

 

It depends what the form says. Can you post the wording of the form?

 

The amount of o/d interest will depend on the value and age of the charges. If you are claiming say £100 of recent charges, then the interest will be minimal. On the other hand, if your claim is several hundreds/thousands of pounds for charges going back a long time, then the interest element will be substantial.

 

However, if you mean statutory interest, then you can onlly add this if you submit a C.C. claim.

 

In the end, if you are satisfied with the offer, why push it? :)

 

Elsinore

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hi elsinore, thanks for replying.

 

the form says:

 

"I Confirm my acceptance of Capital One's offer of late payment and overlimit fee refunds totalling £xxx. This action by Capital One is accepted by me as closure of my complaint about the fees added to my account

 

Signed ................

 

Dated................."

 

Now, on the letter itself it says:

 

"I've reviewed your account and, as a matter of goodwill, I'd like to reduce the fee's we've added to your account to £12. So I can do these refunds totalling £xxx, please sign and return the settlement form I have included. Once I get it back I'll add these refunds to your account"

 

My concern was that even though they have offered £xxx (which is all of my charges, and therefore a typo by them!), if I accept it and they charge me in future (which in this letter they say they will if I am late paying or over the limit), do they see this as me agreeing that they are justified in charging me £12?

 

Should I write on the form or attach a letter saying something like:

 

"I accept £xxx as payment of late & overlimit charge on my account as set out and requested in my letter dated xx/xx/xxxx."

 

Thanks in advance

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