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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 
      • 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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Lottie 36 v Barclays *****WON*****


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Ha Ha Welcome to the forum.

 

Looks like its gotta be no deal..........Have you sent the letter before action ?

 

if so then its time for the only word they will respond to COURT.......:D

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Its the only way the banks understand.

Although there is a chance they will repay you before you commence action.

You have to be prepared .........like the 76,000 others here !!!

 

Now what have you done so far ?

We can advise you once we know that.:D

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I have been using the which template letters.So far i have got to letter 2.Received a letter(copy)saying that i would receive a decision by oct 2nd.I did not receive this so contacted the bank.They told me that i should have received an offer of £900 and there must be a problem with the post!(only when it concerns this)I should receive this letter in the morning.Thanks for getting back to me.

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Theres a letter of rejection for this (see bank temps folder link below)

 

You should get that straight out to them.

 

Then you can start the court claim right away.:D

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I have received my letter from the bank offering me a repayment of £900.Quote'withoutany admissions of liability,i am willing to offer the sum of£900 towards the total amount you are seeking.This is with the cost and inconvenience inherent in a further dispute in mind and is intended as a gesture of goodwill,in full and final settlement of your complaint.' Should i accept the offer on condition they settle any outstanding amount or should i refuse the offer and demand full payment?

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Amend the 1st paragraph of the LBA along the lines of:

 

 

Thank you for your letter dated xx/xx/xx and your offer of £900

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

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Sorry to be a pain! In the LBA it mentioned interest which was charged.I only thought you tried to reclaim the interest if i go to court.I'm a bit confused about this and also how do i work the interest out. thanks a lot your advice its been a great help.

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There are 2 instances of interest you can claim:

1.When you go overdrawn the bank will charge you interest, perfectly lawfully.

 

However, if part of your overdraft is made up of penalty fees, they are also charging you interest on these too and it is this interest which you are entitled to claim back, but it's tricky to separate out from the total interest figure.

 

Vampiress has a spreadsheet, (the advanced one), in the bank templates library, which attempts to calculate this

 

It's quite complex and unless your claim is large may not amount to that much, so for simplicity's sake, some people don't bother

 

This is the interest referred to in the preliminary and LBA letters.

 

2. Section 69 8% interest on your claim, but only when you submit a claim at court. Don't add this interest before moneyclaim

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I got the data from LLoyds, but when I look at the spreadsheet to fill it in, the examples use a figure of £10. My charges were £27.50p Which figure do I enter in the spread sheet?

 

( I'm really in over my head here, but I hate banks and would love to get one over on them. :) )

 

Doing a good gob .

 

Regards,

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I've been reading this thread with interest as it is very similar to my predicament. The bank offered me 2/3 of my claim. I accepted this but told them I would request the remainder through the courts if necessary. They have until Monday to respond when I will have to go down the moneyclaim route. Keep at it and let me know how you get on. It can be hard but well worth it in the end I'm sure . If/when successful I will be spreading the word.

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Beat me to it Michael !

 

I have lots of time for those who try yet come unstuck with what to me and you are simple requests ......I always remember being here for the first time myself and being fliustered by it all......prob u too Michael ?

 

Its about time you joined the team in the back.......I keep askin but they tell me you are happy here...................so I make a request Mike come and have a coffee with me !!! :)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 2 weeks later...

Please can someone help me.Its not through lack of research from this forum beleive me!!I have not had a reply regarding the LBA i sent to barclays(not that i was expecting one).I will be filling my claim as soon as i can work out my interest of 8%.I am using the simple spreadsheet supplied by vampire claiming statuatary interest of 8%.This is where im having problems: claim date=is this when i file my claim with moneyclaim? Total claim=Is this the total charges im claiming back? Daily interest rate in pence=is this ,amount of chargesx0.00022? total amounts=help im not sure what to put here? Will the spreadsheet automatically do the sum for me once i input all the information?I am not a whizz kid but am taking it in slowly very slowly.Iwould be grateful for anyones help.Cheers:)

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