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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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Just a quick confirmation please?


laurawilliams
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ive read FAQs and step by step instructions and the forums loads but im not the brightests spark, so can someone just say yes or no as to whether ive got this right.

 

ive got all my statements and cacluated halifax owe me £566. do i JUST send the preliminary letter asking for a refund of charges first?

 

OR, do I send the letter AND a copy of the spreadsheet, working out 8% APR??

 

When I send the prelim letter, am i supposed to just ask for the charges back, or do i ask for the charges plus 8%? and why 8%! sorry i dont know what APR is, hence why im in trouble with banks and credit cards :(

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Send the request for refund letter along with your calculations as this gives the bank an opportunity to see what you are claiming for, precisely.

 

It may also help later, if you have to go to court, to show that you supplied all the evidence you had in your attempt to settle out of court.

 

The reason that the interest is at 8% is because that is the figure the courts use.

 

Part of the template letter reads... "What I require" and should, I believe, look like this....

I have prepared a spreadsheet detailing dates, amounts of each charge and an additional 8% interest, as allowed by the County Courts Act (1984). The total charges in this period amount to £XXX.00 The interest total, as of XXth March 2006, amounts to £XXX.XX and so the total amount I require you to repay me is £X,XXX.XX

 

 

Hope that helps...

..

.

 

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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because if you paid charges and youwere in overdraft, then the bank would have charged you interest on the charges as well. You claim all of that back now. If it goes to court then you add 8% on top of that

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I was going to ask this actually.

 

In the step by step instructions we have :

 

2.

Having received your statements and calculated your charges, enter the charges into the spreadsheet, also provided in the Library section of the http://www.BankActionGroup.com forum. This will calculate the interest at 8% APR as allowed by s.64 the County Courts Act (1984).

 

I have kept my statements anyway so didn't need to request them.

 

However, I saw something last night that said don't request the 8% in your initial letter as it would be clear you didn't know what you were doing. Or words to that effect. Typically I can't remember where I saw it, but I thought it was in the library or FAQ section. I'll keep hunting for it.

 

edit - sorry, was typing as Bankfodder was replying. Understand now.

 

Actually, it occurs...why would one "wait" until taking them to court to add the 8% on? If it's a standardised rate of interest for the money that we've 'lost' wouldn't we want that back in the first place? I'm unclear on why a court wouldn't look unfavourably on the amount being claimed for suddenly rises by 8% just by the simple matter of involving the courts (especially since

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the point made above about asking for 8% hasnt had a reply yet, could someone reply cos i am wondering the same thing too!

 

there seems to be conflicting information.

 

1. Do i add up my charges and request these alone?

2. Or do i add the charges up, add 8% interest on, and ask for the total amount in my preliminary letter?

3. Why ask for this now when I am not necessarily going to court with them (yet)?

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This is really up to you and it depends how annoyed you are with them. By not asking for it up front you can't complain if the bank offers to pay the full amount asked for. By putting it in you are making it clear that this is what you will be asking the court for.

 

I've included statutory interest in both of my current claims and made it clear that any settlement would be on this basis. Then again, my banks annoyed me a lot.

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  • 12 years later...

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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