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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
      • 162 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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Particulars


jazzyb
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Hi Jazzy

 

You should use the N1 form to fill in as the wording does'nt fit the MCOL box. I personally used my version to claim back with contractual interest, and fits the box. However there was no room for daily interest, so i did'nt claim it. Here is my version if you want to use it.

 

Claimant has a Credit Card account

XXXXXXXXXXX with the Defendant opened

DATE ,conducted on their

standard terms and conditions.Claimant is

claiming the return of £XXX taken by

Defendant in the form of overlimit and late

payment charges. The Defendant's charges

are a disproportionate penalty and therefore

unenforceable as they are contrary to

common law.They are also invalid under the

Unfair Contracts Terms Act 1977 s.4 and

under the Unfair Terms in Consumer

Contracts Regulations 1999.Para.8 and

sch.2.1.e.In the event that the charges are

not a penalty they are unreasonable within

the meaning of the Supply of Goods and

Services Act 1982 s.15.Defendant has

declined justification of charges despite

repeated requests.The claimant claims

interest from DATE to DATE

of £XXX.XX at the Contractual Compounded

rate of 23.8%.Total of £XXX.XX

 

I was refunded using this. Up to you if you want the daily rate as well. You will need the N1 for extra space. You can't claim the 8% as well. Just the contractual rate if that's what your after. Its one or the other.

 

Good luck

 

Uk

WARNING TO ALL

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Ok.. As i said you can't fit in the daily rate with this. But i was'nt that bothered in claiming that.

 

Good luck

 

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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Just a quick one uk, on the original spreadsheet i sent with my prelim letter and Lba the date i was claiming the interest upto was the date i posted the prelim letter, can i now change that to the date i file the claim so giving me an extra 4 weeks interest?

 

Thanks Jazzy

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Yes you can. Just amend the spreadsheet dates and work out the new interest. Send the defendant an updated version too.

 

Good luck

 

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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Hi Jazzy

 

You should use the N1 form to fill in as the wording does'nt fit the MCOL box. I personally used my version to claim back with contractual interest, and fits the box. However there was no room for daily interest, so i did'nt claim it. Here is my version if you want to use it.

 

Claimant has a Credit Card account

XXXXXXXXXXX with the Defendant opened

DATE ,conducted on their

standard terms and conditions.Claimant is

claiming the return of £XXX taken by

Defendant in the form of overlimit and late

payment charges. The Defendant's charges

are a disproportionate penalty and therefore

unenforceable as they are contrary to

common law.They are also invalid under the

Unfair Contracts Terms Act 1977 s.4 and

under the Unfair Terms in Consumer

Contracts Regulations 1999.Para.8 and

sch.2.1.e.In the event that the charges are

not a penalty they are unreasonable within

the meaning of the Supply of Goods and

Services Act 1982 s.15.Defendant has

declined justification of charges despite

repeated requests.The claimant claims

interest from DATE to DATE

of £XXX.XX at the Contractual Compounded

rate of 23.8%.Total of £XXX.XX

 

I was refunded using this. Up to you if you want the daily rate as well. You will need the N1 for extra space. You can't claim the 8% as well. Just the contractual rate if that's what your after. Its one or the other.

 

Good luck

 

 

Uk

 

I am not attemptin to hijack your thread. So please dont shout:-| and OOD LUCK with your claim aainst Cap1.:D

 

Uk aviator would you mind me using your particulars for my O/H's claim with Capital One as you say it worked for you and he is not bothered about the daily interest either.:)

 

It saves all that form filling on the N1. :) Could you take a look at my thread please. Capital One..No offer....a stalling letter!! Please help

 

Thankyou

 

Milly X

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

GE MONEY: WON £266.00

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Thanks for your reply in the other thread Jazzy, just hoping they refund me quite quickly to aid cashflow!

 

Rouge

CAPITAL ONE

14th Dec - SAR

13th Jan - Prelim

27th Jan - LBA

27th Jan - 12% settlement offer (refused)

8th Feb - N1 claim issued

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Hi Milly.

 

Carry on it's free info. I was successful using it. I Will look at your thread as requested.

 

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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