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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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DS v G E CAPITAL BANK LTD


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16/11/2006

Hi All

Just to let you all know I have today sent Evans and Debenhams a LBA

giving them 14 days to cough up.

 

:p Evans £87 charges and Interest £75.73 (29.9% p.a.)

:p Debenhams £171.00 charges and Interest £67.22 (29.9% p.a.)

 

Will let you know in due course.

Regards

DS

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  • 3 weeks later...

Have you any idea if claiming back interest is different with store cards than it is for bank accounts.I have noticed that you all seem to be adding on interest when you write the prelimery letter, with banks you add it on when you get to the mcol stage and that is a rate of 8%. Also what do we do about the missing statements from GE Money, do we ignore it or write again demanding them?. I couldn't believe it today when I received mine with a statement missing and little pieces of cut out paper, hardly proffesional is it.

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Hi Melanieh

Store cards normally charge a much higher rate of interest than the banks. All I simply did was take the monthly rate and times it by 12.

This is called contractual interest. For banks you can also work it the same way as normally their rate of interest is higher than 8% unless you do not normally pay interest.

DS

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  • 2 weeks later...

I received a reply from GE MONEY today, they are paying back ALL my charges into my relevant accounts but not the interest for both Debenhams £171and Evans £87.

They say that I agreed to pay the interest, but had they not have made unlawfull charges they would not have taken the extra interest from my account.

I will write back and tell them I will accept the payment as partial payment and unless they pay the interest in full I will take out a MCOL for the balance.

DS

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keep up the pressure DS, GE have failed to reply to my prelim or LBA but im being cheeky n letting it take some time before going to court as interest at 29% accrues well on a monthly basis :p

 

good luck

 

adi

Thanks

 

 

 

23/11/06 HSBC **SETTLED**

30/12/06 - GE Capital - **SETTLED**

30/12/06 - MBNA - charges and interest **SETTLED**

 

30/12/06 - Welcome Finance - Prelim sent for mis-sold PPI

 

 

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keep up the pressure DS, GE have failed to reply to my prelim or LBA but im being cheeky n letting it take some time before going to court as interest at 29% accrues well on a monthly basis :p

 

good luck

 

adi

 

Could not agree more... the interest is rolling up, in the meantime they have credited my relevant accounts and still more to come. Good Luck with your claim.

DS

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  • 5 weeks later...

Hi DS,

 

Did they cough up the interest after?

Im about to do my partners claim with compounded contractual interest and just wondered if they paid yours.

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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Hi DS,

 

Did they cough up the interest after?

Im about to do my partners claim with compounded contractual interest and just wondered if they paid yours.

 

Hi Redsonja

No they did not, I will be issueing a MCOL in the near future with an upated interest schedule. I did not actually do contractual interest I did the spreadsheet in simple interest terms, but I did not actually compound it. I also will not bother with S69 interest. as the other interest I was charged was at 29.9%. The way I worked it so far I have been paid out in full with Capital One and my husbands claims look like they will be paid out in full with Halifax, Amex and MBNA using the simple interest terms.

Good luck with your claim for your partner

Regards

DS

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  • 3 weeks later...

GE Money paid our charges back without much of a fight - in fact they sent a cheque rather than an offer. However, they are digging their heels in about paying back the interest. THey have sent a 'get lost' letter in reply to our LBA so, next Monday, we will start court procedings. Let's see if that persuades tham to cough up the interest (compound at 29.9% up until the point whemn the account was paid off in 2005).

 

 

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