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    • your claim is against whomever fitted that parts.  
    • I would also take this opportunity to add that I don't really understand why you purchased an insurance policy for this watch – unless it offered you something like new for old, accidental damage or that the policy was transferable to a new owner in the event you decided to sell the watch. If there is not the features that interested you then you are perfectly adequately covered by your consumer rights contained in the Consumer Rights Act 2015 and of course it would be unlawful for John Lewis to attempt to exclude or limit liability in case something happened to the watch and it ceased to be of satisfactory quality for a reasonable period of time. By and large these extended warranties are a waste of money
    • Sunak to new MPs at the Kings Speech debate. Rishi Sunak, in the king's speech debate, tells new MPs that "life comes at you fast" on the government benches. "Before you know it you end up with a bright future behind you and are left wondering whether you can credibly be an elder statesman at the age of 44," he adds.
    • Properly declared means that you declared the exact value of the item that you sent and by and large you are limited in the value that you can claim to that declared value.  It seems that you didn't declare the value of the accompanying insurance and so if you want, you can go ahead and claim it and we will help you but by and large although your chances of recovering the value of the watch are much better than 95%, The chances of you claiming the value of the lost insurance are much less.  It's up to you if you want to try . Please do the reading that we have advised and start preparing your letter of claim and post the draft here. I suggest that you think about posting up a draft letter of claim on about Sunday which will give you lots of time to do necessary reading  
    • The dealership is not the issue, the technician who I have known for a long time explained where the fault lies, the other garage for lack of a better word did a very  poor job of putting the brake pad on where the piston was not lined up correctly which caused uneven pressure on inner pad, the peg on rear of pad not sat in grove of piston.
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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.  

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      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.

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      Many thanks 
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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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Please Help, Capital One have done me over!!!!

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Ok basically i have received a default on my credit file through no fault of my own. If you read the letter i have prepared below, you will get a grasp of my situation. Any helpful advice would be much appreciated, i have had a mortgage application declined due to this. It is putting so much stress on me and my family. I really need this removed.


The letter is as follows:



Capital One Card Services 

P.O. Box 5283 



(Executive Office, Capital One, 
PO Box 5281, Nottingham, 
NG2 3FA)




Dear Capital One,


I am extremely disappointed with the service I have received from you as a company. I had an account with you from 2006 to 2009, I cancelled my account in early 2009 and paid a final balance of around £34. This was my last payment to Capital One Ltd. Shortly after this I moved home and received no further correspondence from Capital One.

Today I checked my equifax credit history file as I had trouble with a recent mortgage application. My credit history showed a defaulted account with Capital One. It is evident that the account was not cancelled when I was advised that it had been; I was told that the card was no longer active and would no longer be usable. The cancellation was completed via one of your staff from your call centers based outside the UK. Why are your sales teams fluent in English and easy to talk to? As soon as I requested cancellation of my account I was put through to an overseas call centre where the gentleman on the other end of the phone could hardly understand what I was saying.

Now I am faced with the prospect of a defaulted account on my credit history, which is going to affect my life drastically, not to mention my family’s life. All of this stress due to an incompetent member of your staff. The balance on the account was minimal, it still is minimal (£98.88) even though interest has been charged since the day I cancelled; I have no idea what the outgoing payments from the account are even for. I have not seen my credit card since 2009 and I have not thought about Capital One since the day I cancelled my account.

Capital One has drastically reduced my chances of being a successful mortgage applicant – which is going to affect me for the next 6 years. This is why I have taken it upon myself to forward this to the Consumer Credit Ombudsman. This red strike on my credit report was unwarranted and undeserved.

Please can you help me resolve this matter amiably, I just cannot comprehend how this has happened. I have been on the phone all day, I called your call centre, which to be frank was no help at all, so I then contacted debt collection agencies in order to retrieve my account details. I have not received a single phone call from capital one, a single letter: no contact at all since I moved home.




Again i would be so grateful to any advice givers out there.



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I'm sorry to say that this won't be cleared up any time soon. As the Credit Reference Agencies are in the banks back pockets, they won't remove any default without Cap1's say so.


OK, firstly, stay off the phone unless you are able to record phone calls.


I assume when you say the Consumer Credit Ombudsman, you mean the Financial Ombudsman. If so, they won't get involved untill you have exhausted the internal complaints system of Cap1.


I would head your letter "Formal Complaint". I have heard that some companies don't treat it as a complaint if it isn't headed as such and by doing that, are not constrained by the 8 week limit to resolve.


I would also add to the letter that if they refuse to remove the default that you will serve them with a letter before action and then if they continue to refuse, you will force them to remove the default via the courts.


In the meantime, send Cap1 a SAR. this will cost you a tenner but it will get back your account history. If you can whittle down the dates to when you actually called them, you can ask for call transcripts as well.


The only "mistake" (and it's not even your fault) is that you didn't give them a forwarding address. I would suspect all the letters to you went to your old address.


Send every letter by recorded delivery. Cap1 can be bloody minded so you need to keep an accurate record on cummunication with them should this get to court to show you have tried to resolve your complaint.


You are allowed to put a notice of correction on your credit file (up to 200 words) which gives you the chance to put your point across.


hope that helps in some way



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