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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
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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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Abbo vs Cahoot


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Hi All,

 

I received my statements, calculated what I felt I could claim, and sent the letter..

 

This morning I received the following response by email. What is my next step??

 

Dear Mr. Absolom,

>

> I refer to your letter dated 24th August 2006 regarding your cahoot

Current account. I have taken ownership of your particular case in

order to provide a response to the issues you have raised.

>

> We do not accept that cahoot's charges are unfair under the Unfair

Terms in Consumer Contracts Regulations 1999. The object of these

Regulations was not price control nor were they intended to interfere with

people's freedom to agree the terms of their contracts.

>

> It is well known that banks make charges and cahoot's charges are in

line with those of other banks. The terms and conditions of the

account and the charges that apply are clear and fair and were provided to

you at the time you opened it. You freely agreed to the terms and

conditions and the charges when you opened the account. You were not under

any obligation to do so and could have gone to another bank if you did

not agree to the charges. Equally, you are free to move your account to

another bank at any time if you do not agree with the charges.

>

> In any event, we do not agree that the charges are disproportionate.

The charges are reasonable and proportionate to the administrative

costs incurred by cahoot.

>

> I am therefore unable to refund the charges you've incurred fully

appreciating the disappointment this may cause.

>

> If you need anything further please do not hesitate to contact me.

>

> Yours sincerely

>

> Paul Evans

> cahoot Service Relationship Manager

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Have you read the FAQs in the library?

 

If you used the template stating you will give them 14 days to comply with your request, then give them 14 days. After this time is up, send your LBA. It's really important to read the FAQs.

 

Good Luck and keep us posted!

 

Hi Lou,

 

Yup, they were replying to my LBA.

 

So it's off to the courts we go! I will file my claim with Moneyclaim, and inform Cahoot that is the action I am taking.

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  • 4 weeks later...
Hi All,

 

I received my statements, calculated what I felt I could claim, and sent the letter..

 

This morning I received the following response by email. What is my next step??

 

Dear Mr. Absolom,

>

> I refer to your letter dated 24th August 2006 regarding your cahoot

Current account. I have taken ownership of your particular case in

order to provide a response to the issues you have raised.

>

> We do not accept that cahoot's charges are unfair under the Unfair

Terms in Consumer Contracts Regulations 1999. The object of these

Regulations was not price control nor were they intended to interfere with

people's freedom to agree the terms of their contracts.

>

> It is well known that banks make charges and cahoot's charges are in

line with those of other banks. The terms and conditions of the

account and the charges that apply are clear and fair and were provided to

you at the time you opened it. You freely agreed to the terms and

conditions and the charges when you opened the account. You were not under

any obligation to do so and could have gone to another bank if you did

not agree to the charges. Equally, you are free to move your account to

another bank at any time if you do not agree with the charges.

>

> In any event, we do not agree that the charges are disproportionate.

The charges are reasonable and proportionate to the administrative

costs incurred by cahoot.

>

> I am therefore unable to refund the charges you've incurred fully

appreciating the disappointment this may cause.

>

> If you need anything further please do not hesitate to contact me.

>

> Yours sincerely

>

> Paul Evans

> cahoot Service Relationship Manager

 

I've just got an almost identical email from them. Sod them, it's LBA time.

 

P.

Northern Rock; S.A.R sent 11/8/06 - Delivered. Recieved details of 6 yrs charges on 8th. Wrote back asking whether or not they hold information going back further than that.

MBNA; S.A.R sent 11/8/06 - Delivered 14/8/06

Barclays; S.A.R - (Subject Access Request) request sent 11/8/06 - Del 14/8/06

Diners Club; S.A.R sent 11/8/06 - Delivered 14/8/06. Recieved form to fill and return with fee on 17/8/06. Sent form back, delivered 4/9/06.

Intelligent Finance; Prelim letter emailed 16/08/06, claiming £318. Email recieved from "Anne-Marie" 17/8/06 saying my email has been passed to Customer Relations dept. Fob-off letter received 23/8/06, letter sent in return same day - Delivered 24/8/6 Recieved letter offer 25% settelement - refused - LBA sent. MCOL on 10th revcieved notification that they intend to defend on 13th. 06/9/2006 WON!!!!!!

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  • 4 weeks later...

simply reply saying that you will accept this in part payment of your claim and urge them to refund the rest otherwise you will reclaim the rest via the courts (they will probably say no it's full and final settlement)

 

See this template

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

JKop Vs Barclays SETTLED

JKop Vs Cahoot SETTLED

Jkop V Capital One SETTLED

Jkop V Marbles SETTLED

Jkop V MBNA £422 MCOL

Jkop V Egg SETTLED

Jkop V Cahoot Credit Card SETTLED

Jkop V HSCB £1500 W.I.P!

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  • 4 weeks later...

ah well - 680 of 800 isn't too bad - shame though, enjoy the money!

 

I'm waiting for my court date now on mine hope it's before christmas

JKop Vs Barclays SETTLED

JKop Vs Cahoot SETTLED

Jkop V Capital One SETTLED

Jkop V Marbles SETTLED

Jkop V MBNA £422 MCOL

Jkop V Egg SETTLED

Jkop V Cahoot Credit Card SETTLED

Jkop V HSCB £1500 W.I.P!

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don't forget to PM a mod to get moved to success section

JKop Vs Barclays SETTLED

JKop Vs Cahoot SETTLED

Jkop V Capital One SETTLED

Jkop V Marbles SETTLED

Jkop V MBNA £422 MCOL

Jkop V Egg SETTLED

Jkop V Cahoot Credit Card SETTLED

Jkop V HSCB £1500 W.I.P!

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