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    • 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
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I can't get my head round calculating what percentage of the interest I have paid is down to the charges either but I don't want to miss out by not claiming it, if it is due.

 

Hi, Furzle

 

What I've done with the spreadsheets is to simply isolate the charges and charge interest on them. NatWest's current advertised AER is 17.95% so that's what I'm putting in.

 

I have been overdrawn for much of the last six years and as the charges themselves are more than double my overdraft - and then there's the interest on top - I think it is perfectly valid to claim the interest as an additional cost levied on an unlawful charge. I think - though I may be wrong - that I can, then, charge statutory interest on top. But I'm willing to be corrected!

Westy

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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Yes, it does make perfect sense, especially as you're probably chewing the furniture with rage!

 

While it may be technically feasible to prove that other interest on your account was charged because the charges had made you overdrawn, I'm not sure it would be worth it. Check the amount of interest directly attributable to your charges and see what that adds up to.

 

To get to the interest that was levied on the whole overdraft, calculate it day-by-day and apportion it correctly would be very, very timeconsuming. After you've done all of that, it could be opposed anyway: you could be inviting strike-out of the whole claim because you're not claiming back a clear, direct and traceable loss. The thing about English Law, and why we don;t have those massive settlements they have in the USA, is that it is based on the principle of equity. You only get to claim back that which you have lost, or could have expected to lose, in the case of persoanl injury (which this is not about). This is civil, contract law. You can easily justify the damage directly related to the charges - i.e., the charges themselves and interest thereon. Anything beyond that becomes progressively greyer and you run ever-greater risk, at ever-greater expenditure of time and effort, and for what? Icing on the cake. I simply can't be bothered for a few £00, which will cost me more in time and effort than I can hope to get back.

 

That's my feeling, anyway - but it's not advice! I don't give advice, as I'm not a lawyer!

 

Best

 

Westy

  • Haha 1

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

Link to post
Share on other sites

Don't ask me - I'm a visitor here myself!!:D

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

Link to post
Share on other sites

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