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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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Capstone/SPML "Order For Possession Granted" ?? Help please ADJOURNED


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Wow Crapstone, that is fantastic!

 

How long can we go back with regard to getting the charges refunded - is it the normal 6 years mark or different for mortgages.

 

Do you mind me asking, how along ago did you get the charges refunded.

 

Thank you

 

Squashy

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Pleased for you Squashy, excellent news!

A+L S.A.R - (Subject Access Request) sent 28th July. Statements rec'd 01 Sept. Letter requesting repayment of £4,979 sent 18/09 MCOL sent 15th Nov £6389.57. Cheque received £6425.54 4th Dec.:D

MBNA S.A.R - (Subject Access Request) sent 28th July, promised reply by 28th August. Cheque rec'd £250 31 Aug.:confused: . 2nd letter sent 7 sept for rest of charges to be returned. £243 rec'd 28th Oct:D

CCA sent 1st Credit 11th August, reply 15th Aug

Request for repayment Rooftop Mortgages for £1095, reply saying no on 17th Aug.

Still to come: Cap. One, Time retail, HFC Bank.

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As far as I know it's 6 years but I think the Ombudsman has a little more flexibility than the courts. I had the charges refunded in February, along with the interest added but the account still isn't right :mad:. I think we had about £1800 refunded plus £300 compensation but they have since added more fees which are now being disputed.

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Crapstone,

 

Just read a couple of threads about the way the g&% conduct themselves - they are LIARS - when we came out of court - their solictor showed us a copy of SPML notes and in it dated 12th June (2 days before our court date) was a report re a telephone conversation that my husband had with them saying that he had refused their offer - What offer - what telephone conversation -

 

My husband never has and never will speak to these cowboys - due to what he may say!!!!

 

Blaitant Liars - he does not trust them at all! - he wants them exposed for what they are!!

 

I do feel like I am in the lions den tho.:)

 

Right first things first - complete this application - (which he thinks is a waste of time - as he thinks they are up to no good anyway)

 

At this rate I won't have time to go to work - one day when this is over I am going to have the biggest bonfire - I hate all this paperwork.

 

Any advice on what not to say on the application would be appreciated - as there is a section "Length of Difficulties and any additional information/comments/proposals for payment"

 

All the best to everyone

 

Squashy

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Yes,they do come out with some real corkers!

 

I'd just fill in as much as you can and keep it honest. You don't know how long your husband will be out of work for but can say you hope your situation will improve given time. You could also put down any plans on selling the house before the term is up. They won't be able to hold you to it but it may pursuading factor.

 

Oh yes! When this is all over perhaps we can all get together and have an SMPL/Capstone bonfire party. It should be visible from space with the files we must all have from them.

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I'd certainly chase Capstone up on proof of the telephone call in case they try to use it next time.

 

My SAR shows my OH had 'called' them several times and refused to complete their security questions. In that case how did they know it was my OH and why does it then say they warned my OH of the seriousness of not complying with the suspended repo. order in the same conversation?

 

They are indeed liars and not very good ones.

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Hello!!

 

Wow everyone - listen to this - all very strange!

 

Called Capstone today - to clarify a few things on the application I needed to complete for capitalizing.

 

I said that our original proposal was for £50 (before we rec'd notice our mortgage had gone down again by £100) so therefore can we put forward a proposal for mortgage amount +£150 towards the arrears.

 

They called back 20 mins later saying it has been accepted.:D

 

Letter being sent out in todays post to confirm - wouldn't mind tho, they kept going on about the eviction date - I informed them it has been suspended pending the adjourned court case - to which he said they have not been told otherwise!

 

Not jumping for joy yet - wait for it in writing.

 

They are terrible - why didn't they suggest this?

 

I feel so much for all the people that are in the same situation and are not aware that you can put up a fight and that this wonderful group with these wonderfully supportive, knowledgeable people at all times of the day, are here willing to help everyone.

 

My mother said she so wished there was something like this around at the end of the eighties, when they lost their house (handed the keys in as advised at the time) - maybe it wouldn't of happened.

 

Thank you so much everyone, Ell-enn you are amazing - what would we have done without you - "I love you":D, thank you Andrew 66 and Crapstone for your words of support. heres to supporting other victims and may we all win our own private battles.

 

Squashy

 

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Hi Squashie, did you use any special persuasion so that they would capitalize? They refused me point blank when I asked(last year).

A+L S.A.R - (Subject Access Request) sent 28th July. Statements rec'd 01 Sept. Letter requesting repayment of £4,979 sent 18/09 MCOL sent 15th Nov £6389.57. Cheque received £6425.54 4th Dec.:D

MBNA S.A.R - (Subject Access Request) sent 28th July, promised reply by 28th August. Cheque rec'd £250 31 Aug.:confused: . 2nd letter sent 7 sept for rest of charges to be returned. £243 rec'd 28th Oct:D

CCA sent 1st Credit 11th August, reply 15th Aug

Request for repayment Rooftop Mortgages for £1095, reply saying no on 17th Aug.

Still to come: Cap. One, Time retail, HFC Bank.

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Andrew66,

 

Funny enough we asked if they would last year - when we first went to court - they said no - we do not offer that as an option!!?!?!

 

Maybe they now have to? - Mortgage protocol - they cannot be seen "not" helping as best they can.

 

Does anyone know what we are to do next - with regard to the adjourned court case?

 

We rec'd the details today it is for 24th July at 2.00pm for 10 minutes.

 

It states on there the eviciton has been suspended to enable us to apply for capitalisation - do we have to, now a proposal has been accepted?

 

If we do go for capitalisation for the £8K - and also try to claim the charges back - will they refund it?

 

More paperwork - will it ever end?

 

Squashy

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Hi Squashy and Andrew,

 

We were told a few years ago that they wouldn't capitalise, when our arrears were only 2 months behind so perhaps they are having to give in. They refused us point blank and said it was something they didn't do and wasn't an option. Well why do they have a specific fee for it on their tariff?

 

If they have accepted your offer then you shouldn't need to capitalise as an agreement has been reached but they will have to put it in writing. As long as both parties are happy then the judge will agree.

 

If you go to the FOS they will have no choice but to refund the charges whatever your situation. Capstone don't like revealing their fees or justifying the amounts when asked to.

 

At least things are looking a little brighter for you but still be wary and remember to note down the time, date and name of anyone you speak to at Capstone.

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Hi Squash, any update on your case? I've written and asked if they will capitalise my arrears.

A+L S.A.R - (Subject Access Request) sent 28th July. Statements rec'd 01 Sept. Letter requesting repayment of £4,979 sent 18/09 MCOL sent 15th Nov £6389.57. Cheque received £6425.54 4th Dec.:D

MBNA S.A.R - (Subject Access Request) sent 28th July, promised reply by 28th August. Cheque rec'd £250 31 Aug.:confused: . 2nd letter sent 7 sept for rest of charges to be returned. £243 rec'd 28th Oct:D

CCA sent 1st Credit 11th August, reply 15th Aug

Request for repayment Rooftop Mortgages for £1095, reply saying no on 17th Aug.

Still to come: Cap. One, Time retail, HFC Bank.

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