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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
      • 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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New Claim - Another Capital One


doo
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Thanks, are seriously contemplating this, have you got experience of this on your claim, must find your thread and read it.

 

Hi doo, I am claiming it on two claims ((the relevant one to your thread) is with Capital One for my O/H and he is at court stage, papers served claiming the lower rate, but that was his choice!

 

http://www.consumeractiongroup.co.uk/forum/capital-one/55155-capital-one-no-offer.html

 

seargant is right it is entirely up to you an you have to feel entirely happy with your choice!

 

P.S I have used Vamp,s spreadsheet 13 for both claims (simple)

 

Milly X:)

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

GE MONEY: WON £266.00

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From what I understood when I asked and wait for bill on this!!!

 

No 13 is contractual compounded interest but simple (no balances required) and not trying to work out what portion of the interest charged is due to charges. It is purely contractual compound on the penalty charge from the date applied to current date of prelim sending!!

 

Bill am I right?

 

Milly X:)

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

GE MONEY: WON £266.00

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Bill-k,

 

Yes you are right. However due to the controversy over the legitimacy of contractual interest I have taken the view that there is a need to apply a balance, due to the possibility of challenge.

 

Applying contractual "simple" interest, may attract a reduced possibility of legal challenge.

 

I have gone through many of the threads referring to contractual interest. There are numerous views on the issue. From the this is not applicable to the the be damned with it go for the jugular approach.

 

What I decide to apply is my approach. I have stated this in my prelim letter and in the LBA on route. It worked with the Halifax. Most likely on the basis that it is not worth challenging, hopefully that will be the same next time. Compounding my current claim adds over £1000 to the amount. At some point the balance will be tipped and it will be worth the bank sending the legal boffins in.

 

 

My reasoning for going with 13 too, however did not adjust any formula, left the sheet exactly as it was for true compound interest!:)

 

Milly X:)

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

GE MONEY: WON £266.00

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OK, have done spreadsheetm, very impressive set of figures and used cap one's interest they gave me over the phone that relates to my account. Thank you so much for everyones help in relation to spreadsheet and interest charges, millymollymoo you have been a star today.

 

 

Thanks doo , you are very welcome, however I feel the thanks should really go to bill-k ;) He helped me from the very start :)

 

Milly X

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

GE MONEY: WON £266.00

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  • 1 month later...

You will all get the full offer believe me;) You may have to wait a bit for any remaining cheque though:mad: .

 

Seriously, if they hadnt offered the lot it would of been judgement day monday cos no defence was sent. They have cleared O/H's account completely and he has his full credit limit but it shows acredit refund payout on 21 feb andd still not got it:mad: Do you think I should tell the court Monday or not?

 

Milly X

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

GE MONEY: WON £266.00

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