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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
      • 161 replies
    • 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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Beserker v A&L ***WON***


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Looks like I'm going to have to split up the claim to keep under the £5k claim fee jump, I can mange £120+ at the moment, but not £250!

 

Yup, I know I claimed on the 8% as well, just being cheeky.

 

Should I split the claim up in terms of time - from a day to a day, or claim the penalty fees first then the interest? or drop the interest?

 

I will Caro :)

We haven't got the money, so we've got to think!

Ernest Rutherford

 

A & L

Data Protection Act Letter sent 11/08/06

Data rec'd 14/09/06, Prelim letter sent 16/09/06

LBA sent 22/09/06, MCOL 6QZ68670 issued 2/10/06 - chq for £6,375.34 rec'd 04/11/06.

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If it is only the 8% taking you over the £5k it is still in small claims. There is nothing cheeky about claiming statutory interest. If you need to sever it, I suggest you claim between certain dates first and then go for the rest. Don't forget you will get the court fee back as well and will have it back in 2 or 3 weeks.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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MCOL issued.

We haven't got the money, so we've got to think!

Ernest Rutherford

 

A & L

Data Protection Act Letter sent 11/08/06

Data rec'd 14/09/06, Prelim letter sent 16/09/06

LBA sent 22/09/06, MCOL 6QZ68670 issued 2/10/06 - chq for £6,375.34 rec'd 04/11/06.

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  • 3 weeks later...

They still have'nt posted a defence, do they take matters beyond the 14 days and force a 'default' decision in my favour? If they did that would this count as precedent?

Part of me (the mad bit) wants them to contest the claim so that precedent can be set and mess all the banks up. I have just been talking with friends with bank accounts in Europe - they are staggered at our charges.

 

PS Can I go for default decision on the 21st or 22nd?

We haven't got the money, so we've got to think!

Ernest Rutherford

 

A & L

Data Protection Act Letter sent 11/08/06

Data rec'd 14/09/06, Prelim letter sent 16/09/06

LBA sent 22/09/06, MCOL 6QZ68670 issued 2/10/06 - chq for £6,375.34 rec'd 04/11/06.

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Ah well, spoke to MCOL people this am (very helpfull). A&L still have'nt filed a defence. MCOL say go for judgement after 16:00 today, suprising how my blood pressure is starting to rise....

We haven't got the money, so we've got to think!

Ernest Rutherford

 

A & L

Data Protection Act Letter sent 11/08/06

Data rec'd 14/09/06, Prelim letter sent 16/09/06

LBA sent 22/09/06, MCOL 6QZ68670 issued 2/10/06 - chq for £6,375.34 rec'd 04/11/06.

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Guest ian cognito

.....Quickly followed by your bank balance I hope!

 

Good luck, let us know how you go on, I have to wait until Wednesday to file anyway coz I'd hate the cheque to bounce!!!!!

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I claimed a victory by default, as they have'nt filed any defence, is this usual?

 

I have asked for immediate payment, after all they did'nt give me any time to raise money and they have a lot more money than me.

 

How long should I give them and what do I do if they have'nt paid?

We haven't got the money, so we've got to think!

Ernest Rutherford

 

A & L

Data Protection Act Letter sent 11/08/06

Data rec'd 14/09/06, Prelim letter sent 16/09/06

LBA sent 22/09/06, MCOL 6QZ68670 issued 2/10/06 - chq for £6,375.34 rec'd 04/11/06.

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Oh what a bunch of barstewrds.

They have charged me £25 for being £0.06 over my OD limit, which in true A&L style was caused by them applying £1.09 interest!!

Guess they are not happy with me :)

We haven't got the money, so we've got to think!

Ernest Rutherford

 

A & L

Data Protection Act Letter sent 11/08/06

Data rec'd 14/09/06, Prelim letter sent 16/09/06

LBA sent 22/09/06, MCOL 6QZ68670 issued 2/10/06 - chq for £6,375.34 rec'd 04/11/06.

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Guest ian cognito

I find it really strange that they haven't closed your account or does that come next? switched my salary and all my direct debits yesterday just incase, and the overdraft? they can wait for that until they pay me!!!

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I've had parachute account up and running from the beginning. Not bothered by account closure. Just some low figure DD's on A&L acc now.

We haven't got the money, so we've got to think!

Ernest Rutherford

 

A & L

Data Protection Act Letter sent 11/08/06

Data rec'd 14/09/06, Prelim letter sent 16/09/06

LBA sent 22/09/06, MCOL 6QZ68670 issued 2/10/06 - chq for £6,375.34 rec'd 04/11/06.

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Check out the MCOL website for what happens next Berserker.

 

Jan, they tend to close the accounts after paying up.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks Caro. After speaking to M's McGurk (A&L litigation Dept.) it appears I accidently posted the copies of the spreadsheet outlining the charges to Bootle and so, amazingly, they did not have them in Leicester:mad: and they "might" (hopefully not) ask for a deferment. No matter, they will loose:grin:

We haven't got the money, so we've got to think!

Ernest Rutherford

 

A & L

Data Protection Act Letter sent 11/08/06

Data rec'd 14/09/06, Prelim letter sent 16/09/06

LBA sent 22/09/06, MCOL 6QZ68670 issued 2/10/06 - chq for £6,375.34 rec'd 04/11/06.

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Thought I would give an update.

 

I have judgement by default (see post above) and I think I can serve a warrant on A&L. However, the purpose of the MCOL is to retreive the penalty charges not pursue a vendetta against A&L, tempting though it is. So I spoke to a M's Jackie McGurk (01162003504) legal dept. at A&L. She said that they had lost the charges spreadsheet!!? and that she had issued instructions for a cheque to be raised.

 

Any advice anyone, is it likely to be the £100 fob off? Or the full ammount? How long should I now give A&L before I serve the warrant?

 

Any mods on might want to make an entry in the relevant litigation bit as I have theoretically won the case, although I don't have the cheque yet :(

We haven't got the money, so we've got to think!

Ernest Rutherford

 

A & L

Data Protection Act Letter sent 11/08/06

Data rec'd 14/09/06, Prelim letter sent 16/09/06

LBA sent 22/09/06, MCOL 6QZ68670 issued 2/10/06 - chq for £6,375.34 rec'd 04/11/06.

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In my book you haven't won until you have cleared funds in your account. My guess would be that the cheque will be full payment, but I guess you'll have to wait and see.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks Caro,

I'll give it another week, although as we all know they won't accept "I did'nt receive it" as an excuse from us!

We haven't got the money, so we've got to think!

Ernest Rutherford

 

A & L

Data Protection Act Letter sent 11/08/06

Data rec'd 14/09/06, Prelim letter sent 16/09/06

LBA sent 22/09/06, MCOL 6QZ68670 issued 2/10/06 - chq for £6,375.34 rec'd 04/11/06.

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Whooopeeee dooooo.

 

In the post this am a cheque for £6,375.34 and the letter :-

 

"We have received from Northampton County Court a claim that you have issued. We have now reviewed your particular case and have decided in this instance to settle the claim.

This decision should not be regarded as an admission of liability on the part of the Company, as we consider the charges to be fair and reasonable.

We therefore now enclose our cheque in the sum of £6,375.34 which is paid in full and final settlement of your claim. Would you please acknowledge receipt and write to Northampton County Court confirming that the case has been settled.

As it is clear that you do not accept the terms and conditions for the operation of your account we will shortly be contacting you to discuss its future operation."

 

Seems like standard stuff. I will write to Northampton County Court after the cheque has cleared - you never know.

 

A big thank you to all on these Forums - without you, I would never have started this. Big contribution to the site on it's way when the cheque clears.

 

Off to town, Mrs Beserker has her eyes on a new bathroom.

 

Now for the ERC's, are you ready Chelsea and IGroup.

We haven't got the money, so we've got to think!

Ernest Rutherford

 

A & L

Data Protection Act Letter sent 11/08/06

Data rec'd 14/09/06, Prelim letter sent 16/09/06

LBA sent 22/09/06, MCOL 6QZ68670 issued 2/10/06 - chq for £6,375.34 rec'd 04/11/06.

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Congratulations Berserker. I'm really pleased for you.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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