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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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Dave and Cath and SPML (ERC and charges) **SETTLED**


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Hi Catherine,

 

Sorry I misread your last post I thught that you had not submitted these claims yet.

 

do you think it is still okay to keep going with regards the charges question. Southern Pacific (£1903) Kensington (£2455) GMAC (£166:cool:.

 

What stage are you at with each of these claims? Have you received a counter claim in any of them?

 

All the best

 

Zoot

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Hi Zoot Have only served the papers to SPML so far and they are nit picking firstly they sent the papers back because I put Southern Pacific Mortgages it should have read Southern Pacific Personal Loans! served form N244 at cost of another £35 and they ave sme back because I added the additional £35 on my total and I cannot claim this so I have got to reserve papers again! I think their sols are just being utter b.......s! Decided to hold fire on GMAC and Kensington until we had more funds as all though we won Abbey we had a lot of things to find as we lost our last home because of Kensington! I assume from what you said previous to hold fire on issuing new claims until we hear further from the FSA. Dont forget if I can help with the campaign against the Mortgage companies just ask.

Catherne Bear

xx:)

:D :D :DMoney in account £13216.66!!!!

GMAC - stmnts rec'vd letter requesting £1662 refund of chrges MCOL on line being issued for ERC

SPML - issued MCOL on 21.11.06!

Kensington - statements received letter requesting £2455.55 refund of charges issuing MCOL for ERC

MBNA - refund £341 offered-sent letter requesting refund of £3846.59 charges!!!!!!

Capital One-going to issue MCOL for £1243!

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:) :) :) Hi Zoot

Thanks for your mesage, not so good at the moment back on the really strong painkillers for my spine because of the road accident. The charges for SPML are just that it has not been allocated yet. Will keep in touch. Thank you for all you do for us all on this site. Let me know if I can help at all with regards to getting matters going on the question of ERC. Quite a few people have read my story on my Abbey thread and have said I should write a book and do you know I think I just might because without all my friends on this site I would never have succeeded!

Catherine Bear

xxx

:D :D :DMoney in account £13216.66!!!!

GMAC - stmnts rec'vd letter requesting £1662 refund of chrges MCOL on line being issued for ERC

SPML - issued MCOL on 21.11.06!

Kensington - statements received letter requesting £2455.55 refund of charges issuing MCOL for ERC

MBNA - refund £341 offered-sent letter requesting refund of £3846.59 charges!!!!!!

Capital One-going to issue MCOL for £1243!

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Hello Zoot and everyone

Had a letter from the Court today saying that upon consideration ofhe court fie the Judge has decided that SPPL must serve its amended Defence by 5th March and in default the Claimant is entitled to enter judgement. So I think they must think that Southern Pacific are jus trying delaying tactics. What do you think?

Catherine

:D :D :DMoney in account £13216.66!!!!

GMAC - stmnts rec'vd letter requesting £1662 refund of chrges MCOL on line being issued for ERC

SPML - issued MCOL on 21.11.06!

Kensington - statements received letter requesting £2455.55 refund of charges issuing MCOL for ERC

MBNA - refund £341 offered-sent letter requesting refund of £3846.59 charges!!!!!!

Capital One-going to issue MCOL for £1243!

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  • 3 weeks later...

Received SPPL Defence which is really laughable. Have to file AQ by 19th March so onwards and upwards. Has anyone got any useful tips to add when filing AQ for mortgage charges ie for unpaid dd etc. or is it best to go the same way as we did with the Abbey?

Many thanks

Catherine

:D :D :DMoney in account £13216.66!!!!

GMAC - stmnts rec'vd letter requesting £1662 refund of chrges MCOL on line being issued for ERC

SPML - issued MCOL on 21.11.06!

Kensington - statements received letter requesting £2455.55 refund of charges issuing MCOL for ERC

MBNA - refund £341 offered-sent letter requesting refund of £3846.59 charges!!!!!!

Capital One-going to issue MCOL for £1243!

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CAtherine have a look over this sticky, its a good idea for you to attach to your AQ.

 

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/63053-draft-order-directions.html

 

Also there has been a case of a win against SPML. Sues35 i think the members name

 

Good luck and hope the injuries are getting better

 

Mrsfoot

 

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Thank you Mrs Foot for the advice of Zoots order for directions do I just send this to the Court now before I complete the AQ which has to be in by 19th March. Have recvd letter today from sols offering £475! claim is for £1783.07 plus Court fee. They are threatening that they will request it is allocated to the Fast Track and their client's costs stand at £3750.00!! at this moment in time. Anyone out there got any advice would be gratefully rec'vd I think they are bluffing but you never know.

Thanks friends.

Catherine

xxx

:D :D :DMoney in account £13216.66!!!!

GMAC - stmnts rec'vd letter requesting £1662 refund of chrges MCOL on line being issued for ERC

SPML - issued MCOL on 21.11.06!

Kensington - statements received letter requesting £2455.55 refund of charges issuing MCOL for ERC

MBNA - refund £341 offered-sent letter requesting refund of £3846.59 charges!!!!!!

Capital One-going to issue MCOL for £1243!

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Help!! Has anyone got any advice in relation to my last posting I have to serve my AQ today?tomorrow at latest or should I email ask them to up the offer or just accept the offer?

Many thanks to you all

Catherine

xx

:D :D :DMoney in account £13216.66!!!!

GMAC - stmnts rec'vd letter requesting £1662 refund of chrges MCOL on line being issued for ERC

SPML - issued MCOL on 21.11.06!

Kensington - statements received letter requesting £2455.55 refund of charges issuing MCOL for ERC

MBNA - refund £341 offered-sent letter requesting refund of £3846.59 charges!!!!!!

Capital One-going to issue MCOL for £1243!

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Guest DEATHLORD

Cath,

write to solicitors asking very nicely:D how they come to this amount in costs for a simple as they put it case and file it with your AQ.

the judge will see this and ask questions which they will not want to asnwer.

I have and it works:p :p :p :p .

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Cath,

 

I was claiming for charges only due to non payemnt of d/d ect. I received two lettrrs from thier solicitors threatening that it was within my contract that I would be responsible for thier costs. It was sacry, but I didnt reply, then two days before proof hearing received letter orfferring half. I phoned up lawyer and complimented them on taking sensible route. I was asked what i would settle for and responded by saying the amount in the court papers. Went to court, their lawyer said cheque would be sent and the court should reconvene in four weeks time to allow cheque to clear. The cheque has been received and it has now cleared today. Along with cheque, sppl wanted me to sign away confidentiality clauses and that this would be last claim i would have with sppl. I responded in writing saying that my claim at court was for the money and for those details specficied in the claim and other items may be claimed for in the future and the cheque was accepted only as fulfillment of the curent claim

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:) Thank you to Bandon

 

So send in my Aq and write to sols saying thank you for offer of £475 but no thank you! and just wait to hear further?

Many thanks for your help.

Catherine:)

:D :D :DMoney in account £13216.66!!!!

GMAC - stmnts rec'vd letter requesting £1662 refund of chrges MCOL on line being issued for ERC

SPML - issued MCOL on 21.11.06!

Kensington - statements received letter requesting £2455.55 refund of charges issuing MCOL for ERC

MBNA - refund £341 offered-sent letter requesting refund of £3846.59 charges!!!!!!

Capital One-going to issue MCOL for £1243!

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  • 2 weeks later...

Hi all

 

Filed AQ at Court and sent copy to sols together asking several points on how they calculated their charges they sent a letter back today claim is for £1903.07 and have now doubled offer from £475 to £950 and say if I do not accept would I let them know what indication I would be prepared to accept as charges made by their client for our dfault in payments any ideas anybody? THank you.

Catherine

x

:D :D :DMoney in account £13216.66!!!!

GMAC - stmnts rec'vd letter requesting £1662 refund of chrges MCOL on line being issued for ERC

SPML - issued MCOL on 21.11.06!

Kensington - statements received letter requesting £2455.55 refund of charges issuing MCOL for ERC

MBNA - refund £341 offered-sent letter requesting refund of £3846.59 charges!!!!!!

Capital One-going to issue MCOL for £1243!

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  • 2 weeks later...

Received letter yesterday saying they acknowleged receipt of my letter turning down their offer and asking how I had arrived at my figure I am asking for 75% plus court fees amounting to £1647.30. E mailed them back and they said they will take their client's instructions and get back to us!!

 

Does anyone know when the on line calculator for interest and number of days is being changed to 2007? have two more claims we want to start against Kensington and GMAC and I cannot get on very well with the spreadsheets, not very computerised!

Good luck to all out there still sighting the big fight,

Catherine

xx:)

:D :D :DMoney in account £13216.66!!!!

GMAC - stmnts rec'vd letter requesting £1662 refund of chrges MCOL on line being issued for ERC

SPML - issued MCOL on 21.11.06!

Kensington - statements received letter requesting £2455.55 refund of charges issuing MCOL for ERC

MBNA - refund £341 offered-sent letter requesting refund of £3846.59 charges!!!!!!

Capital One-going to issue MCOL for £1243!

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Many thanks Kopite this worked a treat as I am afraid I cannot get on with the spreadsheets I don't know why but I havn't worked in an office since my accident in 1996 and things have certainly changed a bit!

Next step MCOL to both Kensington and GMAC. Looing forward to hearing if there is any more news about the ERC bearing in mind we had a Possession Order over our heads and we had to sell.

Catherine Bear

xx:-)

:D :D :DMoney in account £13216.66!!!!

GMAC - stmnts rec'vd letter requesting £1662 refund of chrges MCOL on line being issued for ERC

SPML - issued MCOL on 21.11.06!

Kensington - statements received letter requesting £2455.55 refund of charges issuing MCOL for ERC

MBNA - refund £341 offered-sent letter requesting refund of £3846.59 charges!!!!!!

Capital One-going to issue MCOL for £1243!

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  • 4 weeks later...

Hi all

Had another offer from sols for £1250 turned it down and now have Preliminary Hearing date for 15th May so await tosee what happens when we get to Court and whether they will up the offer or not.

Good luck everyone fighting this company and all the others out there.

Catherine

xx:)

:D :D :DMoney in account £13216.66!!!!

GMAC - stmnts rec'vd letter requesting £1662 refund of chrges MCOL on line being issued for ERC

SPML - issued MCOL on 21.11.06!

Kensington - statements received letter requesting £2455.55 refund of charges issuing MCOL for ERC

MBNA - refund £341 offered-sent letter requesting refund of £3846.59 charges!!!!!!

Capital One-going to issue MCOL for £1243!

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  • 3 weeks later...

Hi there

Had an 11th hour offer from sols for £1,500 decided to accept as it was nearly the whole amount have had letter confirming cheque will be issued! Will then make donation to site. Thank you as always for all the help on this along the way.

Catherine

xxxxxx:) :) :)

:D :D :DMoney in account £13216.66!!!!

GMAC - stmnts rec'vd letter requesting £1662 refund of chrges MCOL on line being issued for ERC

SPML - issued MCOL on 21.11.06!

Kensington - statements received letter requesting £2455.55 refund of charges issuing MCOL for ERC

MBNA - refund £341 offered-sent letter requesting refund of £3846.59 charges!!!!!!

Capital One-going to issue MCOL for £1243!

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