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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
      • 160 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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Full Settlement can I ask for the interest now!


kevmaggs
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Hi, I forgot to add my interest in my court claim, I wrote to the solicitor that was dealing with my claim after they had settled and they put the interest plus my court costs into my account the next day.I'm not to sure how you stand legally if you did not add the interest when you file your claim. Hope you get it back.

 

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Hi,

Second offer was for the full amount.

Can I accept conditionally that the interest is also paid?

Or is it that I just accept the offer and forget the interest?

 

regards

KEV

Did you request any interest at all? The statutory interest is only claimable when you raise your claim at court.

 

If you want to claim contractual interest you can write to the bank saying that you believe in the arguement of reciprocity and mutuality etc, and that £x amount is due, see my schedule of calculations, and that you are now adding this onto the amount the wish to pay you. On that condition you will accept, otherwise you will accept the amount they are offering as a part-settlement of the full amount of which you require confirmation.

 

You must understand the arguements in contractual rate though and be prepared for a fight. Or you might get lucky and they settle with interest.

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If the bank decide to settle in full but refuse the contractual rate of interest and you file a MCOL if you decided to then hit them with 8% is there a chance the court would throw it out as they attempted to settle out of court? I am in this posistion also and am interested in the likely events that would ensue.

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You keep the contractual rate in the claim, do NOT add a further 8%, then tell tell the bank you will accept the offer as a part-settlement of the whole amount.

 

It sounds like they are dressing up their settlement figures as charges only without interest, when in fact it is a part figure of the whole claim.

 

You claim the whole amount and don't be recalculating etc.

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I used the banks 22.5% + base rate, as contractual. My claim was for 737 and interst added another 1500. Lo and behold, the bank offered me 3000 as full and final settlement. But hey I know why they offered that. Can the rest of the readers also see why?

 

I aslo in court papers added 8% from the date of service of the papers for the toatl claim.

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