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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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Loans to pay off overdrafts & cards ???


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Consumer Health Forums - where you can discuss any health or relationship matters.

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Gizmo. Read your thread and sounds like they are using the loan portion of claim as a stalling tactic. I gather this has been made doubly difficult due to the Joint account issues. Myaccount is just my own, but My thinking now is that I put in the standard claim for charges on that account over period, and then a second claim later for the interest on the loan axccount once first resolved? I wonder if this would be possible and work ?

 

No loans were just in my name and the 2nd claim the account was put into my sole name and the new loan paid the od and charges. They will pay the charges abut argue about the interest as in theory they will not have to disclose their charging regime on a part settled claim. I would claim for whole lot together as I think that putting a 2nd claim in for interest only wil lbe even more complicated. At least if we all do the same thing then they will start to deal with us uniformly.

I putthe interest in the spreadsheet same way as I did o/draft interest and claimed for lot - and I won't be happy until I get it.

I am going to contact them end of week - as I still have a big fat cheque and can't cash it!

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  • 3 months later...
They had then had some ideas about working on a spreadsheet to help in working out reclaiming loans due to charges.

 

 

I just worked out the charges at the time, the interest on the loan, and apportioned the interest.

 

eg if the loan was £10,000 with interest of £2000 and the charges in the loan were £4500 then £2000/10,000 X £4500 =£900 - being the figure you should reclaim due to charges.

 

I have had my claim paid in full. But bear in mind this was on a bank loan with the bank I was claiming from - if you are talking about consolidation loans to pay off other debts then you will need a much more sophisticated calculation and proof that the reason you took the loan was to pay off debts that were made up of charges. Internal bank borrowing is usually easy to prove as the reason for the laon would be something like 'refinance borrowing with this bank' and a lot easier to prove the purpose of than a third party loan.

 

eg if the loan was £10,000 with interest of £2000 and the charges in the loan were £4500 then £2000/10,000 X £4500 =£900 - being the figure you should reclaim due to charges.

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