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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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Hi,

 

I have had all my statements back from Smile and have added up £1328 of charges so far. There were quite a few 'Commision' charges but I do not know what these are... should I add them too? Also, I am about to send my prelim letter, it says XXXX amount plus XXXX in interest etc... so do I add 8% of the 1328 to the total?

 

Help very much appreciated as I want to try and get this letter off tomorrow.

 

Many thanks, Sam

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Commision charges - could these be for using an ATM for cash withdrawals?

 

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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Thank you for such a quick reply. I wont bother with the interest - too complicated for me :)

The commision charges were £10 or £20 a time - I think its some charge that they add on themselves.

Prelim will be sent tomorrow.

 

Thank you very much for your help.

 

Sam

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The "Commission" charges are exactly that, charges. Therefore you do definately include all of these in with your claim. These are typically penalty charges for each unpaid d/d or cheque etc. They were originally £10.00, then £20.00 up until earlier this year, at which time they increased the charge again to £25.00 as it is today. This "corruption" charge is applied immediately when each d/d or cheque fails, which is how i myself became a victim of this snowball effect.

 

Michael Browne is correct regarding the 8%, you only claim this if it gets as far as court stages.

 

Best of luck to you,

Colin.

Lloyds: Started

SAR Sent & Received

Preliminary Sent

Stayed- Awaiting further developments with new test cases!

Mint C/Card: Started

SAR Sent & Received

Preliminary Sent

Stayed - Awaiting further developments with new test cases!

ENDEAVOUR PPI: Started

SAR Sent & Received

Gone pear shaped! See HERE

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