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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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Delfi Vs Alliance & Leicester


Delfi
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Hey all.

 

After my boyfriend successfully claimed back almost £3000 from A&L, I thought I'd have a crack at it myself. I am going after the A&L for £1860.58, not including 8% interest :D .

 

I have read the FAQ's and feel I have a full grasp of what I am about to set out doing, just have a couple of questions that I couldn't find the answers to in the FAQ or in any recent posts from other people.

 

It says that you should only claim for the 8% interest when you take your claim to court. Can anyone tell me why you should wait till then? I visit Martins Money Expert site a lot and recently he has expressed the opinion that if you want to include the 8% interest in your initial letters to your bank, that you should do so. Is there a legal reason why you cannot request the 8% interest from your bank before you go to court?

 

Also, along the same lines, I have read that some people are claiming interest based on their banks own interest charges i.e 15.9% etc. Is there any precedent for this? Is there anyone you know of who has successfully claimed over 8% interest, either before or after taking the claim to court?

 

I am guessing that the answers to these questions will be mostly peoples personal opinions of how to go about things, but I would be interested to know what the general consensus is.

 

Thanks in advance for your answers and I'll try to keep this thread up-to-date on my progress.

 

Best wishes

Delfi xx

 

P.S If these questions have been asked before on another thread, I apologise, I did look. If you could point me towards those threads I would be grateful. :)

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Hi Delfi.

I visit Martins Money Expert site a lot and recently he has expressed the opinion that if you want to include the 8% interest in your initial letters to your bank, that you should do so.

This is a little bit of mis-information. The 8% interest which is claimed under S.69 is granted at the Judge's discretion and is not a right. So you should not add it until the county court stage.

 

The claims for higher interest rates are something fairly new and I don't think it's cut and dried but If you do a site search for contractual interest, you'll find some threads devoted to the subject.

 

Good luck with your claim.

 

Regards, Rooster.

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