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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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Capital One Upheld - Lower Than Expected


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My other half put in a speculative letter/claim for a PPI refund from Capital One when she had her credit card with them between 2007 - 2009.

 

She paid the account in full and closed it in 2009.

Her original credit limit was only £200.

 

She's had a letter back today upholding her complaint and an offer of £41.68 as a refund.

This amount was a lot less than expected to be fair.

 

They have made the following calculations:

 

£29.71 - Premiums

£1.11 - Associated Interest

£13.57 - Interest @ 8%

£2.71 - Deduction on 8% interest (Basic Rate Income Tax)

 

Now I told my other half to submit a SAR before making a claim so we could work out roughly how much she was owed,

but she didn't do this and this offer seems derisory and lower than she expected.

 

Is there anything that can be done at all?

 

I am tempted to send a 'thanks but no thanks' letter and add compensation to this amount.

 

I'm also thinking that they haven't calculated the interest @ 8% correctly.

 

It doesn't say if the 8% interest is per annum in which case is she entitled to 8% for every year since her account has been settled (2009)?

 

Thanks in advance.

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8% PA on the total from account closure

 

ppi at their int rate from each monthly levy of it.till closure

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The key to this one will be whether the premiums and associated interest are correct.

 

If they are then the 8% might be about right.

 

For example, if the account was closed mid 2009 and paid off, the difference between the reconstructed balance and the balance actually paid would be £29.71 + £1.11 = £30.82.

 

8% simple on that amount for 4.5 years until now would be some £11.16.

 

There may be a couple of quid of interest accrued due to the card being in credit for some months when the PPI was removed and the account reconstructed.

 

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If they are correct is she entitled to reject the offer and add compensation to the amount for her time and effort she had to put in? I don't want her to take the mickey, but I feel as though she is entitled to slightly more than they have offered her.

 

Am I also right in thinking that she should get interest up until the point she became aware of and applied for a refund based on the mis-sale? So regardless if the card was paid off and closed in 2009 she should be entitled to 8% interest up until Dec 2013.

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If they are correct is she entitled to reject the offer and add compensation to the amount for her time and effort she had to put in? I don't want her to take the mickey, but I feel as though she is entitled to slightly more than they have offered her.

 

Am I also right in thinking that she should get interest up until the point she became aware of and applied for a refund based on the mis-sale? So regardless if the card was paid off and closed in 2009 she should be entitled to 8% interest up until Dec 2013.

 

You said this in the opening post...

 

My other half put in a speculative letter/claim

 

Which indicates that only a letter was sent. What other time and effort was put in?

 

In any event, in an upheld claim the lender is only required to give back the premiums, the associated contractual interest and the appropriate amount of 8% compensatory interest (which is a better return than would be payable if it were in a bank, building society or many other places).

 

There is nothing to stop you asking but I would be extremely surprised if you get any more, assuming their calculations are correct.

 

I would not reject their offer though...if you are going to ask for more then do it without rejecting.

 

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You said this in the opening post...

 

 

 

Which indicates that only a letter was sent. What other time and effort was put in?

 

In any event, in an upheld claim the lender is only required to give back the premiums, the associated contractual interest and the appropriate amount of 8% compensatory interest (which is a better return than would be payable if it were in a bank, building society or many other places).

 

There is nothing to stop you asking but I would be extremely surprised if you get any more, assuming their calculations are correct.

 

I would not reject their offer though...if you are going to ask for more then do it without rejecting.

 

This sums it up perfectly.

 

If the credit limit was only £200 as the OP has stated and bearing in mind that most PPI was a maximum of £1 per £100 on the card then even if it had been maxed out for the full two years, that would only be £48 in premiums. The comments above are accurate as regards statutory interest.

 

The OP can ask for the monthly premium breakdown or even request the statements. However, it is solely based on how much the individual has paid.

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If they are correct is she entitled to reject the offer and add compensation to the amount for her time and effort she had to put in? I don't want her to take the mickey, but I feel as though she is entitled to slightly more than they have offered her.

 

Am I also right in thinking that she should get interest up until the point she became aware of and applied for a refund based on the mis-sale? So regardless if the card was paid off and closed in 2009 she should be entitled to 8% interest up until Dec 2013.

 

Entitled on what grounds? All you are entitled to in the event of an upheld complaint is what has been paid and the relevant interest/FOS 8% where applicable.

 

Again, the comments above are accurate. Since the opening post implies that the complaint was simply sent on the "off chance" basis (plus for this amount of money there won't have been a very detailed investigation done) I'd just accept it and have done with it. Or otherwise ask for a breakdown/statements as per my previous post.

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