Jump to content


  • Tweets

  • Posts

  • Our picks

    • 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
        • Like

deller1 vs Capital 1 ***WON***


Deller
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6294 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Notice of issue received yesterday stating my claim will be deemed served on 27th Dec and that the defendant has until 10th Jan to reply!!

 

Hi Deller,

Good luck with your claim, mine was deemed served on 9th Dec me. Cap One have aleady acknowledged, they say they are going to defend but no papers served yet or payment. Just checked my account... nothing showing yet.

Regards

DS

Link to post
Share on other sites

  • Replies 73
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Thanks DS, I'm gonna just sit back and try and forget about all this claim stuff for a few days and enjoy my Xmas. Have a good one to and I'll be checking your progress next week!!

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

Link to post
Share on other sites

Hi Deller!!

Happy New Year to you and your family!!

Hope you had a good xmas!!

Trishx

If my advice has helped please click my scales

 

Should you require any further help feel free to pm me.

Nat West 2nd Acc

Prelim letter sent 8th Feb '07

:) Full Settlement Offer 24th Feb '07:)

:pMONEY BACK IN ACC ON MARCH THE FIRST '07:p

 

 

Nat West 1st Acc

Filed at court 2nd of Feb '07

Acknowledged on 15th of Feb '07

:rolleyes: Defence submitted 1st March 2007 :rolleyes:

Link to post
Share on other sites

Hi Deller

Happy New Year to you and all on site.

I phoned Capital One on Saturday and my balance had increased, they have refunded the court fees and the interest albeit £9 higher than my claim, but no sign yet of the actual charges being refunded. I fully suspect that this will go on Tuesday evenine when they do their next update. I have not received any letter from them yet but this could come after the holidays. So hold tight, your refund will be on it's way very soon.

Don't forget mine was served early December.

I will let you know when I have received the balance.

Regards and Best wishes

DS

Link to post
Share on other sites

Will be good to know when you receive your full refund as like you say this will give me some sort of idea how much longer I'll have to wait.

 

Happy New Year to you!!

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

Link to post
Share on other sites

Great news DS, congratulations, did they get to the stage of entering a defence or was this settlement before even reaching that stage??

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

Link to post
Share on other sites

Well done DS..Good job

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

Link to post
Share on other sites

Great news DS, congratulations, did they get to the stage of entering a defence or was this settlement before even reaching that stage??

 

Hi Deller

They told the courts they were entering a defence, and promptly paid me in full, mind you they only had a couple of days to go to the deadline so they cut it fine with the Xmas and New Year holidays.

Thanks for your wishes and hope that you get paid out very soon.

Regards

DS

Link to post
Share on other sites

Hi Deller

Just to ley you know that Cap One managed to squeeze the acknowledgement of service in before the 28th Dec but recieved a letter today saying that as a "gesture of goodwill" the full amount was repaid into the account yesterday! That clears that debt then :D

Never got as far as a defence

Link to post
Share on other sites

They wont get a chance to do that with mine as I've made sure there's a zero balance on my account!!

 

Well done though Grapes!!

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

Link to post
Share on other sites

Hi Deller

Just to ley you know that Cap One managed to squeeze the acknowledgement of service in before the 28th Dec but recieved a letter today saying that as a "gesture of goodwill" the full amount was repaid into the account yesterday! That clears that debt then :D

Never got as far as a defence

 

Hi Grapes

WELL DONE, I got paid earlier this week from CAP ONE but my claim was issued at the beginning of December, so you did brilliantly. My husbands claim against CAP ONE was acknowledged on 21st December and he had not yet been paid out.

DS

Link to post
Share on other sites

Shelter, are you saying that they gave you the difference between £6 and the charges? If so, you could have stuck to your guns and got the whole lot back. I did this for my son with Capital One and they were pussycats compared to some of the banks on this site. They paid up in full two weeks after filing MCOL. No hassle and they didnt even file a defence.

Link to post
Share on other sites

Guest Battleaxe

I am finding Capital One trying to be helpful these days. had a call the other morning asking for himself and I told them that the Executive Office is handling our complaint, the gentleman was polite and even said he would organise for the calls to be stopped. Christine at the Executive stated that she would organise this also. i am waiting for letter on what they propse to do about our claims for unlawful charges. they know we are ready to do prelims on both accounts for full refund of charges. They also admitted that there had never been any problems with our accounts over the years until last September when the rot started withy A & L, the root of all our problems.

Link to post
Share on other sites

Hi Deller

Just to ley you know that Cap One managed to squeeze the acknowledgement of service in before the 28th Dec but recieved a letter today saying that as a "gesture of goodwill" the full amount was repaid into the account yesterday! That clears that debt then :D

Never got as far as a defence

 

Hi Grapes,

Did you do a MCOL, if you did and went online you would see that they automatically issue a defence so that you cannot be tempted to push the Judgement button. The defence arrived yesterday and the defence was....that they had already settled the claim and that they would defend that position and of course they say that the charges were lawful and that they have only paid it as a GOGW.

DS

Link to post
Share on other sites

apologies for hyjacking but wondered if any one can help, i have posted this as a seperate thread but got no reply, anyhow i have had an offer from cap one which is less than my claim was for, i have accepted as part offer and they have paid it into the card account, when doing my particulars for the court do i claim for the full amount including part payment but state that £x has already been refunded or do i just knock of the amount refunded and claim for the rest?

 

Thanks

Link to post
Share on other sites

Well Cap One were certainly a lot easier than the battle I had with Nat West. Received letter yesterday stating the usual old codswallop about how their charges are fair and reasonable blah blah blah, but in an effort to resolve this matter they are willing to settle the claim in full. Payment will be received within 14 days. So the cheque should be on it's way.

 

They have also stated that if find their charges unreasonable then perhaps I should think about closing the account.............Oh don't worry Cap One, I will be!! :D

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

Link to post
Share on other sites

  • 2 weeks later...

Well I'm still waiting for this cheque to arrive, 14 days will be up on 2nd Feb and the AQ is due to be returned by 5th Feb so unless they get their skates on and stick that cheque in the post I'll be taking things to the next stage.

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

Link to post
Share on other sites

Well the cheque didn't arrive by Friday, not that I'm at all supprised TBH. The AQ has been posted in time to have arrived at the court yesterday, so yes, it's gonna cost them another 100 quid, serves them right for not sticking to their word.

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...