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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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Charges Over 6 years Old - Used Fast Track Phone Line


levirocks
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Hi Boys and Girls,

 

Phoned Capital one and asked for the charges and PPi to be refunded on my account. I didn't send an SAR but was offered £4,500 for my PPI and they are sending me an offer for the charges tomorrow.

 

They said they only paid back charges for the last 6 years. Can i challenge that as prob have a fair few before then as it was opened in 2002?

 

and should I SAR them anyway to see the amounts that are owed?

 

Many Thanks for your time.

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Hi

 

If you want the charges back beyond six years it is very likely that you will have to sue for them.

 

In addition, any offer they make for the refund of charges may well just be the difference between £12 and the amount you were actually charged. They are likely to say that the OFT confirmed that £12 was fair. The OFT did not say this!

 

You should be able to claim back the penalty charges in full plus interest.

 

If you haven't got all of your statements/transaction history then you will need to send a SAR to get them.

 

Have a read of No.s 3 and 4 in my signature.

 

Also, how do you know whether their PPI offer is correct?

 

ims

 

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Thanks for your response. The guy who was talking to me said "Its not a small amount" referring to the charges which sounded a bit odd!

 

I will send an SAR off too see about the charges and see what offer they come back with in my letter tomorrow.

 

Not sure about PPI as haven't got any statements as it was closed a year or two ago. I had one Statement which Said I paid £20 that month so I assume it wouldn't be much more that 4k for the time I had it.

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Two threads merged....just stick to one thread for this Cap1 issue

 

Ta

 

 

The address for SAR is their registered office....

 

Capital One (Europe) plc, Trent House, Station Street, Nottingham NG2 3FB

 

If you can, send it recorded

 

ims

 

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Hi Levirocks, I sent them a message via the secure online messaging thing asking for a refund of late payment charges, they offered me the same amount. I sent another message asking them for a break down of their costs incurred when a customer is late with a payment, they came back with an offer around £180, which is all late charges plus interest paid going back 6 years.

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Hi Boys and Girls,

 

Phoned Capital one and asked for the charges and PPi to be refunded on my account. I didn't send an SAR but was offered £4,500 for my PPI and they are sending me an offer for the charges tomorrow.

 

They said they only paid back charges for the last 6 years. Can i challenge that as prob have a fair few before then as it was opened in 2002?

 

and should I SAR them anyway to see the amounts that are owed?

 

Many Thanks for your time.

 

This is where I get confused.

How come they are sending an offer to you, but they will "robustly defend" against my claim?

We are both claiming for charges applied to our accounts, so what's the difference?

 

And what is the fast track phone line?

Edited by wakeywakey
Forgot to insert last line.
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Hi

 

Some companies offer to pay back the difference between the actual charge and the £12 which they seem to think is a lawful and correct charge. It isn't of course.

 

To get further refund and interest it is highly likely that court action would be needed and even more so for charges going back more than 6 years.

 

There are cases here where Cap1 have defended and won but similarly there are cases here where Cap1 have lost and in one that I can immediately think of they didn't turn up at court to defend.

 

ims

 

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