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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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Capital One.. ***I WON***


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Milly... do you know when you will get your o/h's cheque?

 

Every claim I have won it has always taken forever to get the actual payment.... so frustrating!!

 

I am still waiting for Halifax's cheque and I won weeks ago. I've sent the bailiffs in to collect... probably take anything up to another few weeks.

 

Well... I just hope you get your O/H cheque nice and fast without any delays so you can have peace of mind and pay off bills/debts... or whatever you are going to do with it.

 

ANy news from Bill yet?

Moodle

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Hi Maxine, I checked online and it says it has been paid out {on its way} The letter said within 14 days. After the letter i sent today I think it will be quicker though:D cos O/H will NOT withdraw the claim otherwise;)

 

Milly XXXX

 

Bill by the way is Ok he just wants some time away and I o not blame him. I email him now I will send your best. PM him he can still pick them up. XXX

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

GE MONEY: WON £266.00

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Well at least you have a definite time scale... that's good. Bet you can't wait!!

 

Yeah I am sure Bill will benefit from a little time away.

 

I am still shocked at some of the comments made towards him... quite harsh some of them. He's a big ape though and I am sure he will come back to do what he is passionate and good at... and that's giving fantastico adivce and being extremely forthcoming and helpful just when you need it.

 

Without people like Bill on this site many of us would still be struggling with certain stages of this huge journey of trying to claim our money back from the big cats.

 

Milly you sound like a good friend and CAG member... well done to you for sticking up for what you believe in... you've made some very valid strong minded, well backed up points over the last few weeks when this CI panic began to escalate...Many would have logged off and run off to hide in to loo for a lot longer than a few minutes.

 

:-)

Moodle

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hiya maxine, milly et al :)

 

As a newbie.. been following bill and others threads for a few weeks... and gettin their advice.. now though.. seems like i shoulda gone with which!!!

 

hmmm this site has gotten so the people u depend on to see u through....... have gone...

 

well done milly... why the ???? has bill gone...

 

and i only claimed contractual after readin bfs "why is no one claimin contractual" thread as it appens..

 

read all the posts moved to bear garden last night and closed by robertxt...lol...wish i'd not bothered claimin :(

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Hi Maxine, I checked online and it says it has been paid out {on its way} The letter said within 14 days. After the letter i sent today I think it will be quicker though:D cos O/H will NOT withdraw the claim otherwise;)

 

Milly XXXX

 

Bill by the way is Ok he just wants some time away and I o not blame him. I email him now I will send your best. PM him he can still pick them up. XXX

 

Did pm him and he responded saying the same as what you said he needs to rest his brain. Don't blame him.

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hiya maxine, milly et al :)

 

As a newbie.. been following bill and others threads for a few weeks... and gettin their advice.. now though.. seems like i shoulda gone with which!!!

 

hmmm this site has gotten so the people u depend on to see u through....... have gone...

 

well done milly... why the ???? has bill gone...

 

and i only claimed contractual after readin bfs "why is no one claimin contractual" thread as it appens..

 

read all the posts moved to bear garden last night and closed by robertxt...lol...wish i'd not bothered claimin :(

 

 

Hi tbell,

 

Don't feel blue:( I know what your feeling. Don't worry too much I am sure if we all pull together we should be ok. Bill I really really hope will be back firing on all cylinders soon:) Well we all hope so.

 

Milly X

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

GE MONEY: WON £266.00

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Well done Milly, you must be relieved. :D :D

I've just started my claim – including compounded contractual interest from cap one. The first 14 days are up tomorrow and they haven't replied to my prelim letter. I just go ahead and send the LBA on Wednesday.

I'm sure I’ll be asking for help along the way soon.

BTW i don’t know what happened with bill, but he was really helpful to me when starting my claim, especially on the spreadsheet.

Hope he’s ok.

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Hi coll:D

 

Welcome to the mad world of CAG:D My advice is stick to your deadlines and ask lots of questions if you are unsure of anything. Yes go head and send your LBA if the 14th day is tomorrow. Your calim is alreday sounding like my O/H's so thats good news:D They are deluged and cannot cope.

 

Anything just ask and I will try and help along with plenty of others.

 

Good luck and keep me informed.

 

Bill is Ok and maybe floating in and out so keep a eye out. Hes a lovely man and he knows I think that

 

Milly XXX

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

GE MONEY: WON £266.00

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Hi Milly

Firstly congrats on your other halfs win, my wife has a claim in at the moment, for compounded contractual interest based on the classic card standard 34.9% rate..her total claim is for £2193 of which £1712 is interest.. calculated using vampiress' spreadsheet ..most of the charges were from 2000 to 2001. The N1 was served 2 weeks ago and she received a letter from Graham Daley offering a total of £1154.

Stipulating that if she didnt agree with his calculations using purchase interest, she would need to send him a full and accurate breakdown of how she reached my interest calculation, and they would defend based on the fact they believe they would have refunded the correct amount..

I was just wondering if you were sent the same letter. Or they just paid you staight out without offers.

thx

paul :confused::rolleyes:

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Hi Milly

Firstly congrats on your other halfs win, my wife has a claim in at the moment, for compounded contractual interest based on the classic card standard 34.9% rate..her total claim is for £2193 of which £1712 is interest.. calculated using vampiress' spreadsheet ..most of the charges were from 2000 to 2001. The N1 was served 2 weeks ago and she received a letter from Graham Daley offering a total of £1154.

Stipulating that if she didnt agree with his calculations using purchase interest, she would need to send him a full and accurate breakdown of how she reached my interest calculation, and they would defend based on the fact they believe they would have refunded the correct amount..

I was just wondering if you were sent the same letter. Or they just paid you staight out without offers.

thx

paul :confused::rolleyes:

 

 

Hi paul my O/H only charged them their 'purchase rate' and not the higher rate. I have to say the interest he cahrged was much lower than his actual charges and this may have had some bearing on the outcome . I just don't know. He was surprised had two very low offers to start both too late as he had filed and then this.

 

I cannot tell you to accept, however I can tell you that you do have to be prepared to argue your case for contractual and why you feel you are entitled to it, it would all depend on the judge at the end of the day.{if it gets that far of course!!!!}

 

Hope this helps.

 

 

Milly X

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

GE MONEY: WON £266.00

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Milly,

 

Congrats on your win!! Thanks for all your help a couple of days ago, prelim letter received by Capital One today.

 

glav

 

 

Your very welcome and good luck;)

 

Milly X

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

GE MONEY: WON £266.00

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Every other day I doubt myself for claiming contractual... then other days I feel all geared up about it. I am not afraid to argue in court over it. It's just that uncertain outcome feeling looming in the air... Oh why does it all take so long eh....

 

Hope you are ok and haven't got too much work to do today. I noticed Bill has been lurking about... just can't stay away can he!!

Moodle

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Hi Milly, hope barclaycard claim is going ok. Just reading maxine989 post, I know how she feels, have subscribed to her thread and keeping fingers crossed, am putting in my claim next week.

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Hi Doo, I know how your feeling, I say the same to you, don't worry hun. Stay strong and you will get what you want ok;)

 

 

Barclaycard is at LBA stage have mentioned the remortgage in there to hopefully make them see sense as to what they really could be paying out as a consequential loss to the charges, so the contractual is rather a small amount considering. ;) If I were them I would pay up quick:D

 

Milly. XXX

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

GE MONEY: WON £266.00

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Credit card shows its cleared on 20th feb. Still no sign of the bl***y cheque and that says the refund was paid out the day after:mad:

 

I have not discontinued the claim yet because of this cheque not arriving yet. DDay is Monday anyway before judgment . What do you think, should I tell the court that they have agreed the claim in full but not sent the remainder cheque?

 

Milly X

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

GE MONEY: WON £266.00

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Hmmm... Milly, I would see if there is anything on the courts computer system about this case.

 

If Monday is Judgement day... and there is still no defence, I would enter the judgement anyway... even though they have already agreed to pay up.

 

It doesn't cost anything to enter the judgement and if Cap One delay in paying up, you can enforce the payment.... which you wouldn't be able to do without a judgement.

 

:-)

Moodle

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Hi Maxine, I read on another thread something concerning cheque not being received and the guy rang Cap One and said he was going to request judgement and they paid him immediately by BACS.:D So Will get O/h to do that wednesday cos that will be 13 days and should prompt the payment by the 14th or judgment - that gives them a choice ;)

 

Milly XXXX

  • Haha 1

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

GE MONEY: WON £266.00

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