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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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Redsonja Vs Cap 1 - ***WON with CI***


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actually...thinking about it, I'm sure that the interest DOES count towards the final total of the court actions

 

looks like i'm paying £120 i reckon

"Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"

 

Brad v Halifax

22/08/06 - Preliminary Letter sent requesting full repayment of charges

06/09/06 - LBA sent to bank

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Hi Ajjars.

The total court fee is for the charges plus interest. So if your claim was over £1,000 (inc interest) your court fee will be £120.

HTH

 

Yep Brad you are quite right. I also claimed £5.00 costs for postage. If you had to pay £10.00 SAR fee then add that to the total too.

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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Well done sonja, was so excited when I saw your post, you deserve this - you put loads of input into helping others and I for one have appreciated all the help you have given me. Hope Mr Postman brings me a letter like that soon lol :D - will be watching how you get your money and if you get additional daily interest, not sure how it all works out now either.

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Well done sonja, was so excited when I saw your post, you deserve this - you put loads of input into helping others and I for one have appreciated all the help you have given me. Hope Mr Postman brings me a letter like that soon lol :D - will be watching how you get your money and if you get additional daily interest, not sure how it all works out now either.

 

Aww thanks Doo, that was very nice. Made me well up...bless :Cry: . Im sure yours wont be long behind mine now so I will be waiting to see how you go. At least this time their letter was dated 12th April and I got it on 13th! Hmnnnnn me thinks they know the importance of posting these letters on time! I must admit, it has been a real pleasure doing this claim and making a few virtual friends along the way.

 

Thanks for your PM bill :)

 

Anyway, I phoned Cap 1 to try to speak to the woman who sent letter and the guy tried to put me through and then came back and said they dont accept calls so I have to put it in writing (thought that would be the case). So I sent letter today saying, I will not accept offer as countless times I have asked for cheque and they also owe me XXXX now due to CCI (an extra tenner pays for a month of my daughters dance class lol). I have said I will not inform court that it has been settled and if they do not meet my terms I will quite happily see them in court. We shall see what they come back with.

 

I was quite surprised not to see the interest paragraph that Rouge had though. Oh they did make it clear that they will still charge me £12.00 in future though if I paid late.....well they can charge me if they want more work for themselves.

 

Oh and this wont be the end of my dealings anyway. I have pre 6 years with them....but that will be another story.

P.S. I will make my oscar speech when I have had the money lol

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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  • 2 weeks later...

Letter received from Cap 1 today confirming they would pay me by cheque and this will come within 14 days. They have also added up the extra CCI until they cheque arrives so I could say this is case won. I wont inform the courts though until I receive the cheque.

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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Letter received from Cap 1 today confirming they would pay me by cheque and this will come within 14 days. They have also added up the extra CCI until they cheque arrives so I could say this is case won. I wont inform the courts though until I receive the cheque. Also that it clears fisrt.

 

Nice one Red,

 

Another one bits the dust.

 

Tanz

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Cheers Tanz. Think I will go for them pre 6 years next lol!

Glad this one will be sorted soon as Halifax have just filed defence on my credit card with them!

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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congratulations Sonja...enjoy the money....you deserve it

"Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"

 

Brad v Halifax

22/08/06 - Preliminary Letter sent requesting full repayment of charges

06/09/06 - LBA sent to bank

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Redsonja

 

I'm anticipating a similar response from Cap One based upon what has happened with you. So I'll follow suit, demanding interest paid up until my cheque arrives. I imagine the fun will start next month as CapOne have until 14 May with my claim.

 

;)

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Congratulations Sonja! You deserve it! We started out at pretty much the same time with the same questions but we got there in the end!

 

It was great to meet you on here, thanks for the help along the way.

 

Take care,

 

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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lol Bill, I will do my little tapdance when it clears....just for you.

 

Thanks Brad & Paintball - Here's hoping your settlement comes soon.

 

Rouge - Ditto - Nice that we have all been able to support each other.

 

Neath - Cheers - Waited long enough eh...lucky we are patient. Plenty more to wait for.

 

Doo - What can I say to yoooooou? enjoyed the laughs along the way and Im sure you will get what you deserve toooooooo. :grin:

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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Hmnnn, Redsonja

 

I'm not usually one for "I wished I'd done such-and-such instead" but, having just read a post of yours on Doo's thread where you stated that you'd held back the 8% schedule of charges just in case Cap One tried to pay that instead of your CCI, I'm beginning to wonder whether emulating this would have been my better move.

 

I suppose it just means I'll have to fight a bit harder (and longer) to get my CCI

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...you'd held back the 8% schedule of charges just in case Cap One tried to pay that instead of your CCI...

They took it as a multiple-choice option with Redsue a while back. Had to be politely but firmly informed that the 8% option was for use in court only, and for the Judge to decide.

bill-k

 

Lovely curtains, is this your living room? ;)

LOL, Paintball !!! It used to be - once upon a time !! :D

..:)

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Paintball, it will make no difference, I did the same as Sonja and held back the 8% schedule and if you look at my thread you will see they are giving me a bit of a fight over contractual, so don't worry.

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Golly Doo, I was just reading your thread again and discovered that for myself:) Spooky ... Aviator's response on your thread is encouraging and useful (must tip his scales).

 

I was also reading through the requirements for AQ and Draft Order for Directions letter and wondered how we provide the itmes in points a to d, in particular point d.

 

Maybe I already know the answers but I'm feeling a bit bamboozled again ... :eek:

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Do you mean points a and d in Draft Order for Directions? If so, I think

a. is your schedule of charges.

b. Copies of our credit card statements where the charge is clearly shown.

c. Not sure

d. Do they mean concluded cases? Not sure also.

 

Need to do some more reading. Will post on your thread what I find.:D

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Doo

 

Speaking to my CAG buddy at work, he asures me of assistance at this juncture. a) and b) as you say, then c) legal arguments ie UTTCR stuff and various Acts passed. d) is case law from ancient to modern times (ie Dunlop Type Co.)

 

He also has further info from another website for point d) which I will send to your email addy if you can lety me have it please as we're not supposed to post links to other sites on here. ;)

 

All this presupposes the fact that Cap One DONT pay up before Court and I think that they will ... yeeehaaa!

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Paintball.

I wouldnt worry too much if you have sent the 8% schedule. If they come back offering you that I would just write back and say it is the judges decision to award 8% not Cap 1s so you are willing to go into the court room to let the judge decide. They will soon pay up.

Can you send me the link you were talking about to Doo please as Halifax have sumbitted a defence so I will need to get my stuff together too.

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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chq received and banked! Good job people dont have to sign the cheques! they would get arm ache lol.

Think the thread can be changed to won now!

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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