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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 
      • 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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New Claim - Another Capital One


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Hi Sonja, this is the exact reason why I rejected their offer and will send back the cheque, I want to keep my claim intact so I don't just go to court to argue over the interest.Applecrumble thanks for post, it's so nice to have support.

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Thanks c allen, you took the words right out of my mouth, just to add as well - beware if you have a balance on your card - you may find they pay your card off, it seems it is another way of them separating the charges from your contractual claim. As c allen says, if you allow them to repay the charges you could end up in court just fighting for the CI.

 

albbyswife I will pm you my POC this evening and will subscribe to your thread.

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Thanks Tanz, did you get as far as sending back allocation questionnaire? Mine is due on 10th May so may have to get that in with the Draft Order for Directions if I do not hear anything near to that date.

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Thanks c allen, just thought nothing would be done until the 10th and both parties had returned the AQ, just thought cap one won't rush, but I will now get started, may get back to you if I have any questions.

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Hi Paintball, yes got all the info off the site, AQ all done plus draft order. Have you got any news on your claim yet?

 

As for the draft order Paintball I think it is at the judge's discretion if they use it or not, some courts are using it and others are not, is that what you meant? Tanz will know more though as he has been this far before.

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  • 2 weeks later...

Well no update on my claim yet BUT O/H got letter today offering, FULL PAYMENT, charges, CCI and court costs plus default removal yaaaaaaaaa.

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Thanks everyone, it's all much appreciated - nice to have lots of support it really does make a difference. Sonja and Bill, what can I say, always there. DS, you were right, you know these banks far too well. SS thanks as always. Also thanks to UK. Now all carry on watching this space.

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Thanks thetenter, gonna give it a good go - have prepared these two claims in exactly the same way, same letters, spreadsheets everything, it all came down to hubby had paid more purchase interest on his account so was awarded contractual whereas my purchase interest was lower than my contractual interest so that's what they offered, however as we all know that's not what I claimed.

 

ARE YOU WATCHING THIS CAP ONE!

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Thanks Tanz and yes will not cancel claim until all funds received and cleared, think I will also post a letter off to them today just to remind them about the daily rate which they haven't included, I will ask for this to be added up to day I receive the cheque, I think that's right. :D

 

By the way Tanz I like your new avatar, the Bank beginning with B giving you hassle are they, well they are next on my list for O/H's credit card.

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  • 1 month later...

Just to update - have been trying to get some movement on this and Cap One legal dept sent me a letter offering me a further £200 as a GOGW. Apparently a cheque is now on it's way with the additional £200 added. As it was written down as a GOGW I have also asked for the £100 to cover my Allocation Questionnaire fee but I have received a letter saying that the GOGW covers this.

 

Have also rung Southend Court where my claim has been sent, it was put before the Judge on 27th June, along with 300 others lol, they have said to allow up to 2 weeks to hear.

 

So, this is where I am up to, I wrote to Cap One to say I accepted their final settlement offer as long as they added the extra £100 as well for the AQ fee - which of course they haven't.

 

Any input from anyone appreciated.

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Also, forgot to add that cap one have confirmed the removal of all late markers showing on my credit file, have checked and it has already been done, now showing a lovely row of zero's, am extremely pleased about this.

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