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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
      • 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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Ge home money lending - charges reclaiming


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Hi D&F,

 

Clicking on our CAG admin link won't help you as it refers to Admin at CAG !

 

You should be looking to include on your spreadsheet any admin fees that you were charged such as :-

 

Late Payment

Missed Payment

Bounced or Returned Payment

Visit Charges

 

Can you identify these from the data that you have.

 

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Hi D&F,

 

Even if you failed to make a payment when required, any penalty or admin fee charged as a consequence should be reclaimed as an unlawful penalty charge.

 

List on a spreadsheet all the penalty charges you have data for.

 

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Hi D&F,

 

There are, I hope, folk around that are more knowledgeable about GE cases. However, ..............

 

Default notice charges should be reclaimed on your spreadsheet.

 

If you're using a compound interest spready, use the interest rate used by GE on the a/c.

 

I don't know about the "Transfer MIS- Misc adjustment" entries.

 

Hopefully, others will comment ...........

 

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  • 4 weeks later...

Hi D&F,

 

I would use just one spready for all the charges over the years. Do not enter the solicitor charges on it for now.

 

The spreadsheets all show a very low interest rate - perhaps the monthly rate. You need to enter the APR on the spreadsheet to get the right figures. use an average figure as previously suggested by DX.

 

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Use the rate of 8% on the ONE new spreadsheet which will include all charges but no solicitor fees.

 

Let us know the new results.

 

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The box that says "Interest Rate (APR) - change this to 8% and list all the charges on that one spready.

 

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Yes, those figures look right now and reflect the effect of compound interest on older charges.

 

I'd be inclined to submit the spreadsheet to the bank as it is, including - pay'ts made but not applied to the a/c; debt counselling visits; misc, etc.

 

When/if you come to issue court proceedings, you can remove any dubious figures from the spreadsheet.

 

You need to use a Prelim Reclaim Letter followed a LBA 14 days later. See the Reclaim letter here in the Library - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?407-Mortgages-and-Secured-Loans

 

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Always adapt any template letter to reflect your individual case.

 

However, the template letter goes on to say, "Thus I am asking that you refund the charges and other fees which have been levied ......".

 

This would be fine for your case but you need to mention restitutionary interest as well, so you could instead say :-

 

Thus I am asking that you refund the charges and other fees which have been levied on my account, plus restitutionary interest as shown on the enclosed Schedule of Charges.

 

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I'd mark it :-

 

For Attention of The CEO

 

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  • 4 weeks later...

Hi D&F,

 

If the letter you sent was your Prelim Claim letter, you can follow that now with your LBA, which should be marked as such.

 

RM Signed For post and keep the receipt.

 

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Hi D&F,

 

See the template letter here - http://www.consumeractiongroup.co.uk/forum/showthread.php?405889-Reclaiming-Credit-Card-Charges-Preliminary-Letter-Before-Action

 

Use the same letter as your Prelim Claim letter but add the heading Letter Before Action as per the template guide.

 

While you wait for the 14 days to pass, use your time researching how to proceed with court action; completing Claim Form N1; preparing your PoC's; how to use CCMCC. There's plenty to keep you busy !

 

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Hi D&F,

 

I would use the phrase - "I calculate that you have taken £xxx in charges and I also claim compound restitutionary interest of £xxx, making a total of £xxxx."

 

That should cover all bases.

 

:-):wink:

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  • 2 weeks later...

Leaving aside the recharges claim for a second, do you agree that you own a final £1,100 to close the account.

 

If so, are you able or willing to pay this to avoid further problems with the a/c being considered to be in arrears.

 

Your reclaim will not be affected by the loan a/c being open or closed.

 

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I very much doubt they have written anything off and I suspect the letter, that says the a/c is closed, was sent in error.

 

You need to check and see if they still expect the closing payment(s).

 

If they DO expect further payment, and you fail to pay in full, this could cause further CRA markers.

 

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Hi D&F,

 

I've just been back through the thread to review events to date.

 

It seems possible that they have, indeed, written off the final amounts due by giving you credit for the amounts which you say you paid, but they failed to credit to the a/c.

 

However, this needs to be confirmed by GEM before you can assume this is the case.

 

You don't have to wait for GEM to finish their "investigation" into your claim for penalty charges refund. You can proceed as soon as you have your SoC and claim papers ready. Probably best to file the claim via CCMCC, instead of using MCOL.

 

:-)

  • Confused 1

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Paragraph 3 of my thread ?? Do you mean YOUR thread here ?

 

We're nearly at the end of Page 4 so if you didn't understand abbreviations, you should have shouted earlies.

 

Let us know exactly what abbreviations you're unclear of, and we'll help.

 

But you also really need to be up-to-speed if you are going to take the bank to court and win.

 

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