Jump to content


  • Tweets

  • Posts

  • Our picks

    • 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
        • Like

kriso v Capital One ***WON***


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6326 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Today I got a settlement letter offering £104 to pay off the difference between the £20 fees I was charged and the new £12 charge.

 

Tempting as it is, I think I iwll pursue this for all my money :D

Link to post
Share on other sites

Hi Kriso.

I would say you will accept the offer but only as a partial payment. I normally underline the wording regarding Partial Payment, it helps to let them understand that you are serious. Remember to send it Recorded or Special delivery, as they cannot come back and say its not been received.

Cheers T.D.

Link to post
Share on other sites

  • 3 weeks later...

Hi

 

It's been over 2 weeks since I posted off my LBA to Capital One and as they haven't responded to this, I'm going to start the Moneyclaim bit.

 

In my 2 letters I sent a list of charges but did not specify the amount of interest for these. I did however state in my letters that I would claim back the full amount plus interest and costs.

 

Should I have really stated the interest amounts in these letters or can I still claim back the interest at this stage? :confused:

Link to post
Share on other sites

Hi

 

It's been over 2 weeks since I posted off my LBA to Capital One and as they haven't responded to this, I'm going to start the Moneyclaim bit.

 

In my 2 letters I sent a list of charges but did not specify the amount of interest for these. I did however state in my letters that I would claim back the full amount plus interest and costs.

 

Should I have really stated the interest amounts in these letters or can I still claim back the interest at this stage? :confused:

 

Hi take some time to read the FAqs and step by step instructions again.

You do not claim the 8% interest until the MCOL stage so you are fine.

Please stick to one thread per claim.

Link to post
Share on other sites

Thanks for the reply livelylad.

 

Sorry I thought I had read all the FAQs and just re-read the bit that says 'but do NOT include the 8% interest on the schedule yet.' :oops:

But the reason I asked was becasue on the Moneyclaim step-by-step instructions it says

 

'If you have not already sent a full schedule of charges and overdraft interest to your bank

-- then --

stop!'

Just don't want to do anything to damage my case. I started a new thread as this question didn't apply to any paticular claim I had made or will make. I won't make any more threads!

 

Thanks

 

Link to post
Share on other sites

  • 3 weeks later...

Received another letter today from Robert Udy..probably in response to me sending off another list of charges with interest showing. It says the offer of £104 is still open to me and that they can't increase it :p

Link to post
Share on other sites

Well today I got the letter saying they have had the opputunity to investigate my claim blah blah and 'in an effort to resolve this matter without the need for a court hearing', sent me a cheque for £307.06 :D

 

Still waiting for Barclycard and today I sent off my S.A.R. to Egg

Link to post
Share on other sites

Well today I got the letter saying they have had the opputunity to investigate my claim blah blah and 'in an effort to resolve this matter without the need for a court hearing', sent me a cheque for £307.06 :D

 

Still waiting for Barclycard and today I sent off my S.A.R. to Egg

 

Well Done, Kriso - I am not far behind you hopefully, how long after they acknowledged the claim did they write to settle.

DS

Link to post
Share on other sites

how long after they acknowledged the claim did they write to settle.

 

I received the letter from Capital One acknowleging the claim on the 28th. So 20 days. Tho I think some ppl have received their settlement quicker than this.....they're probably quite busy at the moment ;)

 

P.S. Can a mod add *SETTLED IN FULL* or something to the topic please? Don't think I can do it..

Link to post
Share on other sites

Well done kriso...Good luck with any others you have pending.

 

Is the behaviour of these institutions completely random when dealing with these claims? Or is the level of response people get dependent upon how much money your owed?

I'm now about a day off the deadline set out in my Letter Before Action for reclaim of a grand or so, and Capital One are still studiously ignoring me....

Debt free, partially thanks to CAG forums.

Link to post
Share on other sites

Cheque received today :D I just realised they haven't paid me all the interest I'm technically owed - just the interest up to the date I filled out my claim. It's only 6p a day so not going to worry about it.

 

Is the behaviour of these institutions completely random when dealing with these claims? Or is the level of response people get dependent upon how much money your owed?
As far as I can tell it's somewhat random..but I don't think the amount of your claim should affect how long they take to respond. Just stick to your timescale and make that claim if their time is up. Good luck!
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...