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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
      • 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
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Chorlton vs Barclaycard ** WON **


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Hello, well done with your success, I'm about to start my own claim against barclaycard and have a quick question:

 

Did you claim a refund on your charges only, or did you claim back the interest you've paid on those charges? I'm asking because when i claimed against Natwest on my current accounts I didn't add any interest, because the loss to myself wasn't enough for it to be worth my while, however, with the credit cards, not only have I lost the charges, I've had to pay interest on the debt they created at almost 25%, which amounts to a fair whack that I've had to fork out unlawfully.

 

As it stands, I have a balance of £470 owed to barclaycard, of this debt £732 is accounted for by their charges and a further £429 by interest, so you can see that my debt is practically entirely composed of interest that I've been charged on their unlawful charges!

 

Once I get that all back I'm free off that debt and can knock a good chunk off my debt with Egg before I pursue them for a further £894.

 

Happy hunting!

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I claimed for charges plus interest at the prevailing interest rate on my account - they didnt query the rate I applied but I did clearly state in my LBA and on the spreadsheets what the rate represented.

Good luck!

If you think my advice has been helpful, please click on the scales to the left :) thank you!

 

Non illegitimi carborundum

 

 

I wish I was a glow worm,

A glow worm's never glum!

 

How can you be grumpy,

when the sun shines out yer bum?! :p

 

 

Amex * 2 *** WON *** Settled

Marbles ****WON*** In full settlement

Capital 1 ***WON*** In full settlement

MBNA ***WON**** In full settlement

Barclaycard ***WON*** In full settlement

Barclays Bank - ***WON*** In full settlement

Abbey ***WON*** In full settlement

Abbey (Mrs Chorlton) ***WON*** In full settlement

Abbey (Mr and Mrs C) - MCOL submitted 16/5/07

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Hi Chorlton1

 

Did they raise the argument of just refunding the charges minus the £12 "reccommended" by OFT, or just refund the full whack withiut any bartering?

 

 

The only firms that used the OFT argument were Barclaycard (they quoted it incorrectly so I sent them the entire text back - they paid after that) and Amex (who also paid).

 

I would have a copy of the April 2006 OFT statement ready to send to them - it is spurious to argue the £12 and they know it.

 

The banks have not quoted it as they, in my experience, used the OFT ruling to say that it only applied to credit cards and that there was nothing unlawful about bank charges - they cannot then argue that it does apply for the £12 threshold - kind of having their cake and eating it!

If you think my advice has been helpful, please click on the scales to the left :) thank you!

 

Non illegitimi carborundum

 

 

I wish I was a glow worm,

A glow worm's never glum!

 

How can you be grumpy,

when the sun shines out yer bum?! :p

 

 

Amex * 2 *** WON *** Settled

Marbles ****WON*** In full settlement

Capital 1 ***WON*** In full settlement

MBNA ***WON**** In full settlement

Barclaycard ***WON*** In full settlement

Barclays Bank - ***WON*** In full settlement

Abbey ***WON*** In full settlement

Abbey (Mrs Chorlton) ***WON*** In full settlement

Abbey (Mr and Mrs C) - MCOL submitted 16/5/07

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Or it was the 9 calls you made to remind them - congratulations another satisfied CAG member.

 

 

Rather bizarrely, Barclaycard cashed the "missing" £10 SAR cheque last week, nearly 6 months after I sent it!!

 

I had a look at the phone calls I made to Barclaycard, out of curiosity - I made in total 16 calls which took over 3 hours in total!!!!!

 

If it hadnt been a "cheap" rate I would be making another claim!

If you think my advice has been helpful, please click on the scales to the left :) thank you!

 

Non illegitimi carborundum

 

 

I wish I was a glow worm,

A glow worm's never glum!

 

How can you be grumpy,

when the sun shines out yer bum?! :p

 

 

Amex * 2 *** WON *** Settled

Marbles ****WON*** In full settlement

Capital 1 ***WON*** In full settlement

MBNA ***WON**** In full settlement

Barclaycard ***WON*** In full settlement

Barclays Bank - ***WON*** In full settlement

Abbey ***WON*** In full settlement

Abbey (Mrs Chorlton) ***WON*** In full settlement

Abbey (Mr and Mrs C) - MCOL submitted 16/5/07

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