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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 
      • 81 replies
    • 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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Litigation Started With Cap One **SETTLED**


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Received an acknowledgement from from the courts saying that CAP One are going to defend and that they have 28 days in which to do so.

So I guess next stop is receiving the money which they owe me!

DS

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Good luck with you claim . I am at the prelim stage. I am claiming contractual interest too. How did you use MCOL for this as I thought it would have to be on a N1 form?

Milly :)

 

Hi Milly

I am just waiting for them to settle - we are the stage where they have acknowledged the claim and they say they intend to defend. But expect to be paid out very soon. I used the MCOL and worked the interest out as simple interest. I took the monthly amount timed it by 12 divides by 365 and times by the amount of days. I added this to my claim and have decided not to confuse the issue by not claiming the 8% as well.

You should do what suits you. The quickest way is to do it on line but the N1 is more flexable I am told. I just wanted to keep it simple and uncomplicated.

Regards

DS

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Hi Milly

I am just waiting for them to settle - we are the stage where they have acknowledged the claim and they say they intend to defend. But expect to be paid out very soon. I used the MCOL and worked the interest out as simple interest. I took the monthly amount timed it by 12 divides by 365 and times by the amount of days. I added this to my claim and have decided not to confuse the issue by not claiming the 8% as well.

You should do what suits you. The quickest way is to do it on line but the N1 is more flexable I am told. I just wanted to keep it simple and uncomplicated.

Regards

DS

 

Oh... I sent my prelim claiming contactual interest with it, so I suppose i will have to do the N1 then? Maybe you could PM me your workings out of a pretend figure , unless you could give an example on your thread,cos I am a lttle confused or at least how to word the MCOL POC or do you think because I have claimed contractual in the prelim I would not be able to do that. By the way Im alittle confused I thought the 8% would automatically be added on MCOL by the court:confused:

 

Anyways you will be getting your money soon. :D

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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Oh... I sent my prelim claiming contactual interest with it, so I suppose i will have to do the N1 then? Maybe you could PM me your workings out of a pretend figure , unless you could give an example on your thread,cos I am a lttle confused or at least how to word the MCOL POC or do you think because I have claimed contractual in the prelim I would not be able to do that. By the way Im alittle confused I thought the 8% would automatically be added on MCOL by the court:confused:

 

Anyways you will be getting your money soon. :D

 

Hi Milly- did I notice that you sent your prelim to Euston Road! I think it should have gone to PO Box 5263,NG2 3YL the Euton Road Address is their Registered Office and this is the address you quote on going Legal. Maybe they will forward your letter on to the relevant department but it will take time. I am not sure if what I have done is correct so I hope that one of the helpers on site would be able to assist you further. I was able to take the spreadsheet found on this site and adapt it with the workings as I have already told you. I used the spreadsheet which calcultates the amount of days once you put in the date and then I modified it for the different rates of interest that they charged me using the calculations I have decribed to you in my earlier thread.

I do hope that I have been of some help to you.

Regards

DS

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Yes.. I did ask about the address and realised I had sent it to their registerd office by mistake.:rolleyes: I checked tracking and it has been delivered, so I am still going to stick to my timescales even if they do not pass it on.(their fault!!!) I will give them a few days grace because of xmas;) then I thought I would send a LBA to Notts address.

 

Do you think I am right:idea: or would you advise sending another prelim to the right address:idea:

 

Regarding your interest.. you have been more accurate than me probably, so you will get yours settled very shortly I am sure.:D

 

Milly:(

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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Yes.. I did ask about the address and realised I had sent it to their registerd office by mistake.:rolleyes: I checked tracking and it has been delivered, so I am still going to stick to my timescales even if they do not pass it on.(their fault!!!) I will give them a few days grace because of xmas;) then I thought I would send a LBA to Notts address.

 

Do you think I am right:idea: or would you advise sending another prelim to the right address:idea:

 

Regarding your interest.. you have been more accurate than me probably, so you will get yours settled very shortly I am sure.:D

 

Milly

Hi Milly, I personally would send another prelim off to the correct address.

I agree, I may have been accurate in my calculations, but it does not mean that I was right in my method in calculating and the way in which I put it on the MCOL. I am quite good at spreadsheets so it was easy for me to adapt the spreadsheet to what I thought was correct. I like you had read many threads and was very confused and in the end I took a view as to how I should proceed.

As I have already stated to you, you do need advice from one of the site helpers or Mods on this as I would not be confident enough to help you with this point, or at least not untill my first claim is paid in full. As a matter of interest how have you worked out your interest when sending off the prelim!

By the law of averages and the way everybody has been paid out I guess I should be receiving settlement very very soon but who knows :!:

All the best

DS

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Hello I used Vampiress's spreadsheet 13 (the simple credit card one) and added the purchase rate (lower than unauthorised) and the spready worked out the compounded interest from the date of charge to present date...thats it not too complicated for my small brain:) really. The compounded did work out less a third less than the charges. Though I have wondered what others have done as I have seen other threads with huge amounts of interest..maybe I have not done mine correct.

 

I think I will send another prelim off to the right address time:o . Thanks for your help.

 

Milly:)

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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Hi all

Just checked my balance on my account with Cap One and found that they have given me a full refund of the Court Cost, The Interest.... but no sign so far of the actual charges so still £651 to come. I fully suspect that that sum will appear in my account early 2007 after the hols. Otherwise I will have no option but to go for JUDGEMENT if it is not forthcomming, but I will write giving them 7 days to recify this. I do not see why they have given some back and not all!

DS

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Basic Account Customer

 

 

Join Date: Oct 2006

Posts: 93

reputation_pos.gif

icon10.gif Re: Ds V Gm Card- litigation in progress

MCOL issued 6 Dec 2006

Deemed to be served 9th Dec 06

Claim No:- 6QZ91497

Charges £390.00

Contracual Interest £234.37

Court Fees £80

 

**CLAIM SETTLED IN FULL TODAY********

DONATION AND SURVEY ALREADY DONE

A BIG BIG THANKYOU TO ALL ON THIS SITE AS WITHOUT IT WHO WOULD HAVE THOUGHT THAT THE LITTLE PEOPLE COULD WIN AGAINST THE ALMIGHTY GIANTS.

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Well done!!! And thank you very much for your donation! :-D

 

Hi Bookwork,

Thankyou for your good wishes. I noticed that you have moved my GM Card claim to settled - NOT YET I am afraid, you have moved the wrong claim.

Can you please rectify.

Many thanks

DS

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Oh bother. :mad:

 

Right, so your Cap1 thread is ok in "successes", but the litigation GM one is not, is that right? (just makng sure!)

 

Yep CAPITAL ONE is done and dusted

Still waiting for GM to settle.

Thanks

DS

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Just an update - no NOT paid yet! but my husband tried phoning today as other claims after his have already been paid out, so he telephoned and got through and guess where 'INDIA', Bangalore, 'KEVIN' who he spoke to thought for some stupid reason that he was recording the conversation. Well it is OK for them to record conversations. However, my husband was was not recording any conversation he just wanted to speak to someone in the UK. Kevin said he was discontinuing the conversation as he believed it was being taped. My Hubby asked to be put through to a supervisor and he refused and cut off the call. I think that is very rude of them and my husband will lodge a complaint against that individual.

Well I can tell you if they don't get their finger out they will have a JUDGEMENT they only have till next week to comply with the MCOL which they have already acknowledged.

DS

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  • 2 weeks later...

Hi all,

RE HUBBY@S CLAIM v Cap One

l letter turned up today and CAP ONE are settling in full. Part is going into the account making a zero balance and the balance they say they will send by cheque so as soon as that has been received survey and donation will be done.

Thanks everyone for your support as without your help this could not have been achieved.

DS

DS

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Well done DS.. great news. Feels good does'nt it?.

 

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

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Congrats dsilverstein.

The long wait is worth it in the end!

Lloyds TSB (C.Acc) **WON - Fully Settled**

NatWest - £1367.96 - N1 Filed - AQ Compl

Lloyds TSB - Select Loan PPI - £4629.52 - N1 Filed - Settlement rejected

Lloyds TSB Credit Card - £373.48 - N1 Filed

MBNA Credit Card - £791.52 - N1 Filed

Capital One - £746.67 - N1 Filed -** Settlement awaited **

Halifax Credit Card - £836.12 - N1 Filed

Paragon Personal Finance - S.A.R 15/12/2006

Littlewoods - £834.43 - N1 Filed

Barclaycard - £1145.00 - N1 Filed

My Wife:

Natwest Current Account - £1197.98 - N1 Filed at Court

Capital One - £1150.94 - N1 Filed - **Settlement offer rejected **

Littlewoods - £1405.48 - N1 Filed

8-) PROUD TO BE DEALING WITH MY DEBTS! 8-)

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