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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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Tinkerbelle vs Capital One - I've WON!!!!


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Oh how lucky am I :D

 

Logged into Sky Credit Card Account today and they have more than doubled my credit limit..so off to Money Claim we went and fired off the first of several claims :D

 

Claim No: 6QZ30805

Date Filed: 13/05/06

Amount: £446.67 + £50.00 court costs

 

These people obviously have money to burn...I mean really they could have just paid up the £393..but nooooooooooooooooo they have to drag it out so it ends up costing them even more 29.gif

 

PM sent to BF! 5.gif

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Sounds like things are moving along nicely Tinkerbelle. What you going to do with the money when you get it? Have you got any nice plans?

Don't forget to contribute to the CAG. Without them we would probably still be drafting our prelim letters.

OH Cap One - £436/ So far received £40. MCOL submitted 17/7/06. Caved 4/8/06 for full amount!!!

OH Monument - £140, claim filed 8th May. Requested judgement by default, settled in full 4th July via out of court settlement (see thread). Total £192ish received.

Me Barclays - £630. Received letter 13th May offering £300 full and final (they can bog off). Claim filed 16th May. Acknowledgement of Service filed 22nd May to defend all of the claim. Allocation Questionnaire completed and Stay been ordered by Judge on 18/7/06!!!

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Sent it to Exec Office in Notts, as they were the ones who were sending out the Sod Off Letters :D

Thanks for that. Just to make sure did you use the Nottingham address: PO Box 5281, Nottingham, NG2 3HX or Trent House, Station Street, Nottingham, NG2 3HX.

Thanks

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Excuse me for jumping on your thread but how do I calculate interest on the charges I have had (£275) at a rate of 16% interest since October 05?

I have searched FAQ's and made another post but I am still abit lost :|

Thankyou in advance.

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Capital One have acknowledged the claim today. 45.gif

 

arrow_big_header.gifClaim Description Punitive Credit Card Charges

arrow_big_header.gifClaim Number 6QZ30805

arrow_big_header.gifStatus of this Claim Acknowledged (Acknowledged(17/05/2006)

Well I am exactly 5 days behind you Tink, so I'll follow your thread in anticipation...

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

Hit the DONATE BUTTON and give 5% back to support this site!

 

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  • 2 weeks later...

Received the following snotty letter from Crapital One this morning.

 

===================================================

 

Dear Miss xxxx

Your claim against Capital One Bank (Europe) plc

County Court Claim number 6QZ30805

I write in connection with the above claim you have issued against Capital One Bank (Europe) plc. I have now had the opportunity to investigate your claim for the sum of £446.67 plus a court fee of £50.00. I understand that your claim is in connection with default fees and interest, which we have charged to your account.

It is denied that these charges are unlawful and our default fees are detailed in your terms and conditions and in our customer welcome pack. Our fees are based on the costs we incur when a customer breaks their contract by making a late payment, failing to make payment or goes over their credit limit. The charges are only levied when a customer breaches their contract in this way and can be avoided if payments are maintained and the account kept within the credit limit.

Capital One has acted in accordance with the terms of your credit agreement throughout this matter and it is clear that you have no claim against Capital One. Whilst we do not accept liability for the claim, I am prepared, in an effort to resolve this matter without the need for a court hearing, a refund of the default fees and interest of £446.67. I will also refund the court fee of £50.00. This amount adds up to £496.67, which is the full amount quoted on your claim form.

This offer is made purely as a matter of goodwill and is out forward in full and final settlement of your claim number 6QZ30805. This means you also agree to notify the court of the agreed settlement and we will do the same. If you are happy to accept my offer, please sign the settlement form I have included with this letter and return it to me immediately. Once I have your settlement form back, I will add the refunds to your account and send you a cheque for any credit balance you may have after that.

I look forward to hearing from you shortly in response to this offer and avoid taking up valuable court time.

Yours sincerely

Angelina Wilson

Executive Office

For and on behalf of Capital One Bank (Europe) plc

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Hey - cool. Dhum, dhum, dhum...another one bites the dust. :rolleyes:

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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it is clear that you have no claim against Capital One.

 

Ya that is why we are refunding you £500. What a paradoxical statement. No, correction, the ninth most preposterous statement I've read on the BAG.

 

Have some of that - well done Tinks!:)

"BA Group. The World's favourite CA Group"

 

HSBC 2 claims amalgamated. £1195. settled in full prior to filing claim.

BARCLAYS settled in full 2 days prior to submission of defence by Barclays

CAP ONE settled in full on day 14 of LBA (£210)

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Thanks for all your feedback and comments guys! I'm dead chuffed :D

 

I can't believe how easy and empowering this whole experience has been. I have been harassing my friends left right and centre to get THEIR money back and been boring them to death about this site!

 

Donation will be on it's way as soon my cheque clears! :D

 

Two down, Halifax to go.

 

Next, it will be a full pursuit of Barclaycard and HBoS...BRING IT ON!!!! 19.gif

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Ya that is why we are refunding you £500. What a paradoxical statement. No, correction, the ninth most preposterous statement I've read on the BAG.

 

Have some of that - well done Tinks!:)

 

I know...29.gif

 

I thought the overall tone of their letter was rather rude....sour grapes eh!

 

Now WHO has got the last laugh? 24.gif

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I know...29.gif

 

I thought the overall tone of their letter was rather rude....sour grapes eh!

 

Now WHO has got the last laugh? 24.gif

 

Just got the exact same letter from them offering to settle my £20 + £30 costs. Already had a £40 goodwill refund out of them after my preliminary letter. Halifax have already refunded a £39 charge to me. Currently in litigation against Barclaycard!

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I'd almost forgotten about the 'empowerment' angle...it's hard enough keeping up with all the winners, let alone their emotional responses...but B/C - go get 'em kiddo. :)

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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CONGRATULATIONS Tinkerbell .It's really good when people let us know they have got their money back :D

Don;t forget the survey as well as the donate button.

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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