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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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Mikey vs Lloyds TSB


arni999
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Thanks Gary, i had to read that a few times to understand. hehe (only just got up!! lol)

 

They haven't paid it into my account as yet but have said it will be in my account within the next few days. But... if say they had refunded it into my account today and as of today the total interest they owed was £847.95, what i need to do is take off 750/29 = 25.862 from each charge? Find the new total amount (£383.68.) of interest and deduct it from the £847 = £464.27?

 

The £465.27 should then cease to acrue interest but the remainder of £383.68 will continue to acrue interest at the daily rate of 383.68x0.00022 = 0.0844% per day?

 

ok, i think i just about have it so far :rolleyes:

 

So far so good then i think but this is where i come unstuck, how do i word the N1 form to include all of this new information? Obviously i'll be claiming the £464.27 interest at a static level but the £383.68 interest will remain dynamic as interest will continue to acrue on a daily basis. Also, how do i word the fact that i have altered each charge on the schedule to reflect the charges that have already been refunded? Is there a template for such eventualities or will i have to start from scratch?

 

Corrrr Blimey, my head is really hurting now!!

 

At least this is giving me something to do though, as i'm stuck at the dropzone and the weather is awfull. Therefore no skydiving! A pretty boring place when theres nothing going on! :Cry:

 

Regards

Mikey

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Hiya, I got the same letter on 3/1/07, dated 2nd. I've sent the refusal as part payment when they credited the account yesterday - 4th. When I spoke to John from the Recovery centre - very polite and probably telling me more than he should, he said they had so many requests they were offering part settlements to clear the letters and then dealing with any further requests as and when they came in. I don't fancy the prospect of going to court and I'm not bothered about the 8% interest, I just wanted my money back that they took. I've sent mine giving them 14 days to respond before a court claim.

It seems Lloyds now realise they have to pay it back and are offering everyone a part settlement in the hope that they will accept. Two friends had the same response this week too.

Good luck and keep us updated!

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Hey Tedsbird,

 

Thanks for that. I think they are realising that it's costing far to much to go to court every time. Not that it's going to help them when it comes to offering CAG members part refunds. Rock solid us lot!! :D

 

Mikey

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Well, they have refunded me £750 today which is nice of them, but the best is yet to come...

 

They also took out £90 in overdraft excess charges at the same time. They really do know how to p**s me off!! :-x

 

Can someone pleeaaase answer my question from above as i am now looking to send my N1 form to the court but don't know how to word all of the changes i have made to the schedule i.e. £750 deduction from the charges and the fact that i still want to charge them contractual interest on the sum that they have so far paid me back.

 

Please someone help and thanks in advance

 

Regards

Mikey

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Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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