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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
      • 160 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
        • Like

thesergeant v Crapitol 1***WON***


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Hope its Bailifs are you anywher near Worcester as would like to pop over to watch that, make sure you video it and post it on here, a nice close up of the Bank Managers face would be the sight I want to see. lol

 

Hope you get to make them squirm.

 

Tanz

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I get the distinct impression the judges are fed up with all the stalling and messing around from banks. I wonder if there is a judge's forum/chat room like these? I would love to be a fly on the wall in there!

 

I've also sought judgement as they haven't acknowledged or defended or anything, hope my court acts the same as yours!

Apple x

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  • 2 weeks later...

Got a template letter from Graham Daley, Executive office today. Must be a template as it had the Court as Northampton instead of Chelmsford.

 

Yes I WON :):)

 

"After looking in to this, I can see that we did not send our acknowledgment of service correctly and the amendment was not received in time. This meant that you were able to apply for judgment and our defence was inadmissible."

 

They have now paid up £373.07. My claim with "contractual interest" is paid in full.

 

However Executive Office of Crap1 you have not paid the daily rate of interest, that's an additional £17.53p that you owe me. Letter is on route to them :- :D:D:D Salt, wound, salt, wound - can you feel it Crap1 :cool:

 

>>>>>>>>>>>>>.

Dear Graham Daley Executive Office,

 

I note your response of 10th April 2007 and the proposed payment of £373.07.

 

I am willing to accept this partial payment against my claim based upon judgment against you issued by Chelmsford County Court.

 

 

In my letter of 2nd April I set out the terms for settlement in full. As a gesture of goodwill, I had suspended the daily rate of interest. The payment required to settle my claim was £391.60. I had previously offered you a similar opportunity which you had ignored in my letter of 17th March. Your current offer is not acceptable as full settlement. The judgment notice sets out that a debt which attracts contractual interest or statutory interest for late payment entitles the claimant to further interest. My claim includes contractual interest…

I have notified the Court that you have paid a further amount in partial settlement, which I have accepted on this basis. I have also notified the Court that the claim is not settled.

I know that you wish to avoid the prospect of me taking further action to facilitate the settlement of my claim (and the resultant further costs against you). I wish to offer you another opportunity to settle this matter in full, therefore the remaining payment I require is £17.53p. As a gesture of goodwill, I am yet again willing to ignore further application of the daily rate of interest.

However failure to comply with this request will result in my request for further action to secure the outstanding balance.

 

>>>>>>>>>>>>>>>>>>>>>>

 

There is no such thing as impossible; only the degree of difficulty required to achieve the desired outcome.

Read through the

FAQ Section.... Use these links :grin:

 

Like what I say show - add to my reputation (click the scales!)

My advice & opinions are offered informally, without prejudice & without liability. Please use your own judgment.

Halicrap - Full settlement 12/06 £408.34

Crapitol 1 - Settled in Full 27/04/07 £15808-)

All & Pester - Claim served £5695 4/09, Stayed

Woolsnitch mortgage accounts - Claim served £2995 4/09, application to strike out 06/09

Lloybles - No CCA, CPR disclosure notices served.

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Survey done, contribution made - thanks for all the support ..... :D

There is no such thing as impossible; only the degree of difficulty required to achieve the desired outcome.

Read through the

FAQ Section.... Use these links :grin:

 

Like what I say show - add to my reputation (click the scales!)

My advice & opinions are offered informally, without prejudice & without liability. Please use your own judgment.

Halicrap - Full settlement 12/06 £408.34

Crapitol 1 - Settled in Full 27/04/07 £15808-)

All & Pester - Claim served £5695 4/09, Stayed

Woolsnitch mortgage accounts - Claim served £2995 4/09, application to strike out 06/09

Lloybles - No CCA, CPR disclosure notices served.

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hi Sergeant

hope you don't mind me asking but have you any contact details/email etc for Graham Daley? As he seems to be responsible for paying up - I've just been given judgement against capital one but so far they haven't made any contact to me at all and I want to hassle them for my £ if I don't here from them 'toot sweet' :D :D

thanks if you do

Apple x

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Apple,

 

Nope they don't put any contact details on their letters. I wonder if Graham Daley exists ??

 

You'll need to hold tight. Crap1 will receive the judgment order. Of course if they do not reply after 14 days you could consider bailiffs etc.

 

If your claim follows mine you will get a similar reply as mine and the promise of a cheque ..................

 

Regards :D:D:D

There is no such thing as impossible; only the degree of difficulty required to achieve the desired outcome.

Read through the

FAQ Section.... Use these links :grin:

 

Like what I say show - add to my reputation (click the scales!)

My advice & opinions are offered informally, without prejudice & without liability. Please use your own judgment.

Halicrap - Full settlement 12/06 £408.34

Crapitol 1 - Settled in Full 27/04/07 £15808-)

All & Pester - Claim served £5695 4/09, Stayed

Woolsnitch mortgage accounts - Claim served £2995 4/09, application to strike out 06/09

Lloybles - No CCA, CPR disclosure notices served.

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  • 2 weeks later...

YES I WON AGAIN :o

 

All my final bullying of Crap1 worked.

 

They have paid up the daily rate of interest £17.53 as requested, the matter is now settled fully.

 

Poor old Crap1, I'm sure they didn't like to paying up :p

 

Just to make sure they understand why we are all so unhappy with their treatment of us, I've sent this off .................... :D:D

 

Regulatory Section

Consumer Credit Licensing

Room 1C/5

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London

EC4Y 8JX

Fax 0207 211 8429

 

 

Failure to comply with direction 5 April 2006

 

 

 

Dear Sir/Madam,

 

I wish to inform you that I do not consider Capital One (Europe) plc to be a “fit and proper person”, therefore this organisation should not hold a consumer credit licence.

Since June 2006 I have requested Capital One (Europe) plc repay excessive and unlawful bank charges, which they had taken from my account. They refused to do so, stating that the charges were a true reflection of there costs incurred regarding my administering of my account. The charges were for the sending of a computer generated letter notifying me of an overlimit or a late payment. By way of the service of a subject access request I discovered that no manual intervention took place on my account.

It is apparent that Capital One are purporting that the charges levied on its customer accounts are lawful and a true reflection of the costs incurred. This is not the case, Capital One (Europe) plc are merely profiteering at its customers expense. The charges levied are far in excess of any cost incurred by them; a fact that they are well aware of. Despite much press coverage and numerous claims against them, Capital One (Europe) plc continue to levy such charges.

I would contend that the actions of Capital One (Europe) plc could be considered a criminal offence under the Fraud Act 2006.

I ask that you investigate this matter and consider revoking the consumer credit licence of this organisation.

Yours faithfully,

 

  • Haha 1

There is no such thing as impossible; only the degree of difficulty required to achieve the desired outcome.

Read through the

FAQ Section.... Use these links :grin:

 

Like what I say show - add to my reputation (click the scales!)

My advice & opinions are offered informally, without prejudice & without liability. Please use your own judgment.

Halicrap - Full settlement 12/06 £408.34

Crapitol 1 - Settled in Full 27/04/07 £15808-)

All & Pester - Claim served £5695 4/09, Stayed

Woolsnitch mortgage accounts - Claim served £2995 4/09, application to strike out 06/09

Lloybles - No CCA, CPR disclosure notices served.

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Good to know your claim has been settled in full. They are at the moment refusing to pay my contractual, would you be able to pm me your court no. and court you used, (ignore this request if it will be in the litigation concluded part of the forum) as I am trying to compile a list of paid contractual claims. Also good on you for sending in the above letter, everyone on here has been pushed through the court system by cap one so they deserve a bit of hassle.

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Well done... congratulations. .

 

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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thesargeant - I salute you.

 

Remind me to NEVER get on the wrong side of you :D

 

I was gasping then giggling at every post you made on this thread. I am in complete awe of you, and the others, who have the savvy and the confidence to go through with this kind of fight.

 

I have been too scared to even go ahead with the MCOL thing, although all the letters have been exchanged between me and Mr Udy, and the forms have been filled out online ready to go. What a wuss!!

 

Because I freely admit that most of what I read went "whoooooooooosh" right over my head, could I impose on you, or anyone else who can answer, to explain in really little words, what the contractual interest thing is, as opposed to the 6% thing that I've applied to my schedule?

 

I have all the statements etc I need (had them without having to ask Cap1 to provide them), but don't know if I'm eligible for this contractual interest rather than the "normal" stuff.

 

TIA

 

And a huuuuuuuuuuuuuuge well done to thesergeant for his persistance. That last letter saying that Cap1 were unfit to hold a consumer credit license was just genious!

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  • 3 weeks later...

Hey I haven't thought about Crap1 for a few days now .......................

 

Is there anything else I could try to squeeze that little extra out of them ..... Letter sent - don't know if I'll get it past the judge, but you have to try don't you an extra £286 (costs + 10hrs time) would be nice .. :):):):-D:-D

>>>>>>>>>>>>>>>>>>>>>>

I wish to inform the court that the claim as detailed above, in which I am the Claimant, has now been settled. The Defendant paid the full amount claimed, namely £1554.65 + daily rate of interest.

 

As such, no further action is necessary in respect of this claim.

 

However, I believe that the Defendant has behaved unreasonably in their approach in attempting to defend this claim. Not least because I believe the Defendant had no intention of ever defending this claim at a hearing.

 

I also enclose a list of all cases of which I am aware in which Capital One Bank (Europe) plc was the Defendant. Every one of these cases was settled in full before a hearing despite a defence or an attempt to enter a defence being made by the Defendant.

 

Further, in relation to my claim, the Defendant failed to acknowledge the claim correctly, then despite the court writing to them, attempted to acknowledge with notification of an intent to defend out of time. Again this is typical of the Defendant’s approach in other cases of which I am aware.

 

The Defendant’s unreasonable approach in attempting to defend a claim it always intended to settle has directly incurred myself unnecessary costs as outlined in the attached list of costs, and therefore I respectfully request that the Court consider awarding these costs, or such costs as it deems appropriate, as outlined in the Civil Procedure Rules 27.14(2)(g):

 

(2) The court may not order a party to pay a sum to another party in respect of that other party's costs, fees and expenses, including those relating to an appeal, except –(g) such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably.

 

Please accept my sincere apologies for the waste of the courts valuable time spent processing and managing this claim. I do wish to inform the court however, that the decision to enter into this litigation was not taken lightly, and that ample opportunity was given to the Defendant to resolve this matter by way of negotiation before proceeding with this claim. Regretfully, all attempts at meaningful dialogue were either rebutted or ignored. A copy of this letter, with attachments, has been sent to the Defendant.

  • Haha 1

There is no such thing as impossible; only the degree of difficulty required to achieve the desired outcome.

Read through the

FAQ Section.... Use these links :grin:

 

Like what I say show - add to my reputation (click the scales!)

My advice & opinions are offered informally, without prejudice & without liability. Please use your own judgment.

Halicrap - Full settlement 12/06 £408.34

Crapitol 1 - Settled in Full 27/04/07 £15808-)

All & Pester - Claim served £5695 4/09, Stayed

Woolsnitch mortgage accounts - Claim served £2995 4/09, application to strike out 06/09

Lloybles - No CCA, CPR disclosure notices served.

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how about printing this off, and sending it with the letter??

BBC NEWS | Business | Judge warns 'unreasonable' banks

  • Haha 1

OK I GIVE IN

 

Halifax £3600 charges, won with C/I £6400

 

NatWest S.A.R-05/06/06

Bug**r all recieved 03/11/06

Prelim guesimate sent for £3000 03/11/06

Cr*p one CONNED statements 08/06 ROFLMAO

Cr*p one charges=£976

con int 34.9% £1,003.75 £1,979.75.

 

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Thanks, hadn't seen that one, its now in my court bundle ...........:):)

There is no such thing as impossible; only the degree of difficulty required to achieve the desired outcome.

Read through the

FAQ Section.... Use these links :grin:

 

Like what I say show - add to my reputation (click the scales!)

My advice & opinions are offered informally, without prejudice & without liability. Please use your own judgment.

Halicrap - Full settlement 12/06 £408.34

Crapitol 1 - Settled in Full 27/04/07 £15808-)

All & Pester - Claim served £5695 4/09, Stayed

Woolsnitch mortgage accounts - Claim served £2995 4/09, application to strike out 06/09

Lloybles - No CCA, CPR disclosure notices served.

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happy to help:D

  • Haha 1

OK I GIVE IN

 

Halifax £3600 charges, won with C/I £6400

 

NatWest S.A.R-05/06/06

Bug**r all recieved 03/11/06

Prelim guesimate sent for £3000 03/11/06

Cr*p one CONNED statements 08/06 ROFLMAO

Cr*p one charges=£976

con int 34.9% £1,003.75 £1,979.75.

 

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Guest wegaevca

I hope you don't mind me asking this question here as you are also claiming money back from CapOne.

 

I made a claim against them on 19th April and they awknowledge the claim and said they will defend it. The court letter I got states the defendent (Capone) have 28 days to file a defence. 28 days is up this Thursday.

 

Not sure what I do next after Thursday.

 

Can anyone help?

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thesergeant, great letter, will be watching to see how you get on as Cap One are still giving me the runaround over paying contractual.

 

c_allen, great article.

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I hope you don't mind me asking this question here as you are also claiming money back from CapOne.

 

I made a claim against them on 19th April and they awknowledge the claim and said they will defend it. The court letter I got states the defendent (Capone) have 28 days to file a defence. 28 days is up this Thursday.

 

Not sure what I do next after Thursday.

 

Can anyone help?

 

My 28 days was up 12 May. I received a letter from them offering full settlement amount dated 8 May. Cheque received two days later - and banked!!

 

Not long now ...:)

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I found Crap1 to be very forgetful re: daily rate of interest. Do not let them get away with it if they do not include it in your settlement.

 

All you have to do is tell them the matter is not settled and court action is continuing, they will pay it out. :):)

There is no such thing as impossible; only the degree of difficulty required to achieve the desired outcome.

Read through the

FAQ Section.... Use these links :grin:

 

Like what I say show - add to my reputation (click the scales!)

My advice & opinions are offered informally, without prejudice & without liability. Please use your own judgment.

Halicrap - Full settlement 12/06 £408.34

Crapitol 1 - Settled in Full 27/04/07 £15808-)

All & Pester - Claim served £5695 4/09, Stayed

Woolsnitch mortgage accounts - Claim served £2995 4/09, application to strike out 06/09

Lloybles - No CCA, CPR disclosure notices served.

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