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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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Vincethod's Mate vs FD


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Hi folks,

 

Energised by my success with Barclays, I'm now helping out a friend with First Direct. He has his statements, and has sent preliminary letter (not the one on here, but never mind) - I've come in at the LBA stage, and I have a few queries:

 

1) Has anyone tried (and succeeded) with a claim including contractual interest? If so, at what rate?

 

2) I've totalled all entries for "Overdraft Fee" and "Excess Overdraft Fee" - Is that right?

 

3) What is the general vibe about the stage FD pay out?

 

4) Do they have a reputation for closing down accounts?

 

I'll spend some time reading around, but I'd appreciate any input you can add here.

 

Thanks in advance

 

Vince

"Well, as through this world I've rambled

I've seen lots of funny men.

Some will rob you with a six-gun

And some with a fountain pen."

 

Pretty Boy Floyd, Woody Guthrie 1940

 

"Some things never change", Vince 2006

 

All advice given is based on my reading of others' experiences on this site. I am not a lawyer, nor am I a beagle, a grapefruit or a trampoline. I will not be filed, sorted, classified or parboiled. I am not a number, I am not an animal, I am the walrus (goob goob a joob)

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Hi

 

In answer to your questions, I'll answer as best I know from my experience and what I've read here in the past couple of months:

 

1) I am trying to. They point blank refused to consider it even after LBA, so I have filed for it at MCOL stage - I haven't read of any FD cases going to court, so I will wait and see, but fingers crossed!

 

2) Yes, although they sometimes have another charge called Recall SO/DD or something like that - this gets charged if they don't pay a S/O or D/D.

 

3) Depends on the amount and the interest. If you have a lowish claim (under £1kish) and don't claim interest, they seem to payup without too much fuss. The higher claims they seem to force to go to MCOL (which of course means they end up paying even more out!)

 

4) I have only heard of this happening if you try to claim charges back more than once (ie: you go through this process, get your money back, get charged again and try to claim it back again), or if you have already got very close to the wire with the account being closed anyway (recent continued issues with "managing the account". I've seen a few cases in this situation where they do close accounts.

 

Hope this helps.

___

MBNA VISA - PL sent 23/10

MBNA MCard - PL sent 23/10

FD - PL sent 23/10, offered approx 75% 27/10

Marbles - PL sent 23/10, rejected letter received 27/10

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Thanks - That helps a great deal.

 

1) I worked out the interest based on 8% (County Court), 10.9% (authorsed OD) and 19.9% (unauthorised OD) and between the first two it made about £100 difference (claim is about £2000), but at 19.9% it uppped the interest by £500, I'm thinking it might be better to stick to 8% after all (19.9% seems downright cheeky to me).

 

2) I don't recall seeing and Recall SO/DD enries in teh statements, but I'll get my mate to check.

 

3) Thanks - Looks like it's MCOL here we come

 

4) That's good to know, but my friend is planning on moving anyway, since the £10 a month charge thing came out.

 

Cheers

 

Vince

"Well, as through this world I've rambled

I've seen lots of funny men.

Some will rob you with a six-gun

And some with a fountain pen."

 

Pretty Boy Floyd, Woody Guthrie 1940

 

"Some things never change", Vince 2006

 

All advice given is based on my reading of others' experiences on this site. I am not a lawyer, nor am I a beagle, a grapefruit or a trampoline. I will not be filed, sorted, classified or parboiled. I am not a number, I am not an animal, I am the walrus (goob goob a joob)

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  • 1 month later...

Well, I guess we can call this one won...

 

Of a claim for 1900, my friend has accepted their offer of 1600. I did try to tell him to go for the full amount but he just said "I'm not greedy, I can take my daughter away for easter and I'm happy" so no real point pressing the issue.

 

Chalk this one up in the win column folks.

 

Vince

"Well, as through this world I've rambled

I've seen lots of funny men.

Some will rob you with a six-gun

And some with a fountain pen."

 

Pretty Boy Floyd, Woody Guthrie 1940

 

"Some things never change", Vince 2006

 

All advice given is based on my reading of others' experiences on this site. I am not a lawyer, nor am I a beagle, a grapefruit or a trampoline. I will not be filed, sorted, classified or parboiled. I am not a number, I am not an animal, I am the walrus (goob goob a joob)

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