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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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Citi Cards being obstructive with SAR


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Thanks ims once again,

 

What you say makes perfect sense and I shall proceed as advised.

 

My SOC currently shows £300 in charges and based on 24.9%, as it stands today, the claim amount would be a little over £2,180. In you opinion, and or based on recent experiences with others, is it likely that this amount would be sucessful either via pre-court settlement or awarded by court. I know that there are no guarantees, but some sort of idea as to whether this would be normally settled; if that makes sense at all.

 

Cheers,

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Hi MC

 

Ok, thanks for that.

 

Since Citi have relinquished all of their rights to the account/debt by way of their complete sale of all rights, responsibilities etc., in my view you are perfectly entitled to (and should IMHO) treat these two mattaers as completely distinct from each other.

 

Cit now have no right to off set because they actually have no access to the account and no interest in it either. 1st Credit would have bought this debt for peanuts.

 

If it were me, I would go for Citi for all I could get and have them make payment to you on the grounds I have set out above. Only after that would I even consider a F&F with 1st Credit and you can treat that as a seperate issue. Bear in mind that they would have bought the debt for pennies so any offer you make should not exceed 10% of the alledged balance.

 

Before doing anything on a F&F I would wait and see what pressure 1st Credit choose to put on you.

 

IMHO of course.

 

ims

 

Make it a condition with citi that any details regarding the amount of any settlement, or even that there was any in existance NOT be passed to 1st crud and to be treated as 'without predjudice' information that only a judge can view in confidence ;)

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Make it a condition with citi that any details regarding the amount of any settlement, or even that there was any in existance NOT be passed to 1st crud and to be treated as 'without predjudice' information that only a judge can view in confidence ;)

 

Hi BB, long time no speak. I hope you are well.

 

Thanks for that, but may need some advice as to how to encorporate the statement correctly in my prelim letter; which I need to get sorted soon.

 

 

Thanks again,

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Hi BB, long time no speak. I hope you are well.

 

Thanks for that, but may need some advice as to how to encorporate the statement correctly in my prelim letter; which I need to get sorted soon.

 

 

Thanks again,

 

MC

 

Hi MC,

 

You're very welcome. I'm as well as can be expected thanks, you?

 

Been a little bit ill but no worries, hopefully. Also been taking time out to sort my own mess out lol... I would highly recommend being anal with about five official complaints on the go at once to practice on ;) 'Tis amazing what the devil we can find in the detail :)

 

Just head any written communication to the OC 'without predjudice'. Should have added that even a judge would need the permission of both parties and you're not going to give it if it predjudices you are you?

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Hi MC,

 

You're very welcome. I'm as well as can be expected thanks, you?

 

Been a little bit ill but no worries, hopefully. Also been taking time out to sort my own mess out lol... I would highly recommend being anal with about five official complaints on the go at once to practice on ;) 'Tis amazing what the devil we can find in the detail :)

 

Just head any written communication to the OC 'without predjudice'. Should have added that even a judge would need the permission of both parties and you're not going to give it if it predjudices you are you?

 

Not so bad BB, thanks for asking. Just trying to catch up with recent developments in regulations and stuff, as it seems there have been some changes in my absence; specifically OFT Guidance.

 

Thanks and take care,

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Hi MC,

 

You're very welcome. I'm as well as can be expected thanks, you?

 

Been a little bit ill but no worries, hopefully. Also been taking time out to sort my own mess out lol... I would highly recommend being anal with about five official complaints on the go at once to practice on ;) 'Tis amazing what the devil we can find in the detail :)

 

Just head any written communication to the OC 'without predjudice'. Should have added that even a judge would need the permission of both parties and you're not going to give it if it predjudices you are you?

 

Excuse my ignorance BB, but If I send all correspondence as 'without predujice', and later have to go to court for settlement, how can I use any of the correspondence in court?

 

And if they reply 'without predujice' do I not have to keep it private, i.e not use it in any court claim?

 

Sorry, but I'm a tad conffudled on this.

 

Cheers,

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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ims,

 

I'm trying to get the prelim letter finished up and have hit an obsticle (probably my brain), in the paragraph that states figures, as follows:

 

"I calculate that you have taken £xxx plus £xxxx which youhave charged me in interest, which total £xxx."

What the dickens do I put in these fields? I have calculated the amount of actual charges (£300), but I'm confused as to what to put in the other two fields. I don't know what interest they charged me and therefore do not know what the total is?

 

Yours confused (again)

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Sorry MC but I'm not familiar with that spreadsheet 'cos never had to reclaim charges :| Maybe hit your triangle and ask for help from the site team.

 

Hi BB, no post #256 re the 'Without Prejudice'

 

Sorry, probably my fault for not being clear enough.

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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ims,

 

I'm trying to get the prelim letter finished up and have hit an obsticle (probably my brain), in the paragraph that states figures, as follows:

 

"I calculate that you have taken £xxx (Enter the amount of charges) plus £xxxx(Enter the amount of interest) which youhave charged me in interest, which total £xxx." (Enter the total of charges plus interest)[/FONT]

What the dickens do I put in these fields? I have calculated the amount of actual charges (£300), but I'm confused as to what to put in the other two fields. I don't know what interest they charged me and therefore do not know what the total is?

 

Yours confused (again)

 

MC

 

ims

 

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Thanks ims,

 

Call me stupid, but I still do not understand why I am saying 'this is what you charged me in interest' when in reality it is an arbritary figure that I have come to based on their interest (which is unknown) and a figure for restitution. Clearly I am missing some fundamental point here!

 

I can follow blindly and just do as I am told, but that is generally not in my nature. If someone says to me the grass in green, although I can clearly see it is, I want to know why it is green. That way, when someone says to me, the leaves are green, I will be able to tell them that it is down to the chlorophyll, which converts sunlight into energy, which the plants use to grow, simples!

 

MC

Edited by Master Chief
typo

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Hi

 

the figure you have charged them is a nominal rate of interest in restitution (see Sempra Metals) and basically sorts out the interest you were charged and gives back the unjust enrichment the bank achieved on your money by lending it out to others.

 

You can change the wording if you wish from "Interest you charged me" to "Interest in Restitution".

 

ims

 

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Hi

 

the figure you have charged them is a nominal rate of interest in restitution (see Sempra Metals) and basically sorts out the interest you were charged and gives back the unjust enrichment the bank achieved on your money by lending it out to others.

 

You can change the wording if you wish from "Interest you charged me" to "Interest in Restitution".

 

ims

 

Thank you ims, I'm happy now :-D

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Happy is good, albeit a rare commodity in the debt forums ;)

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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I like happy Caggers! :wink:

 

Hi ims, me again.

 

I'm trying to get my prelim letter sorted and have a quick question. Should I included anyhting as regards Sempra Metals, I am using the template, which does not mention anything about sempra?

 

Regards,

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Hi MC

 

Tale a look at the prelim here from MARTIN3030. No need to mention Sempra yet and if you're not going back further than six years you can remove the Kleinwort bit.

 

Regards

 

ims

 

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Hi MC

 

Tale a look at the prelim here from MARTIN3030. No need to mention Sempra yet and if you're not going back further than six years you can remove the Kleinwort bit.

 

Regards

 

ims

 

Thanks for the reply ims, no link though I'm afraid :???:

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Hi ims and thanks again, yes that is the prelim letter that I am using, just wondered if Sempra should be in there. I'll leave that out and get it sorted.

 

Cheers,

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Sent my charges reclaim prelim' letter and SOC on the 7th by 1st Class Recorded and is still saying 'being progressed through out network'. I'm really fed up with RM, this must be third RD letter that they have failed to deliver in a matter of months. Bloody useless bunch of thieving wasters! :x

 

I'm beginning to think RD is a waste of time and money, I'd have been better off sending the prelim' by regular 2nd Class and getting proof of posting, as at least if Citi then said 'Oh we didn't get it', tough because I have proof of posting and that's enough to satisfy a judge that you got it.

 

Should I wait the 15 days that RM say they need to ascertain that something is actually lost or just send another copy 2nd Class and get proof of posting?

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Maybe time to have a pop at RM too :Laughing:

 

Seriously though, why not drop RM a letter of complaint?

 

ims

 

Hi ims,

 

Well, I would drop them a letter of complaint if only I had confidence that it would be delivered. But seriously, at best I'd get an apology and a refund of the recorded delivery cost, I can't really see the point.

 

Thanks again.

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Hi ims,

 

Well, I would drop them a letter of complaint if only I had confidence that it would be delivered. But seriously, at best I'd get an apology and a refund of the recorded delivery cost, I can't really see the point.

 

Thanks again.

 

MC

 

I know what you mean.....might just make you feel better

 

ims

 

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