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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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Ghost_monkey Vs Capital One **WON**


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Hi just realized this is the one claim I have not started a thread on yet.

 

Ok so far data access request letter sent, though this took extra time as they sent it back saying it needed to go to differant address, same company so just a stalling tactic by Capital One.

Have now compiled charges and sent with demand letter about 4 day ago so waiting to here.

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On your demand letter, did you claim contractual interest?..

 

Uk

WARNING TO ALL

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  • 2 weeks later...

Just received letter from Capital One dated 30th Jan saying" we think these fees are fair etc but as good will we will reduce fees to £12.00 each and refund this to your account now and this will show in February statement.

So today I will be sending a letter to state only except money into my account as part payment and leting them know that I will start a claim online today.

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  • 4 weeks later...

HAPPY DAYS I HAVE WON!!!!

 

Capital one sent a letter today saying they are refunding the full amount to my account without admitting liabilty.

they had acknowledged the money claim online claim so thought they might drag it out and enter defence but they have'nt,

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Well done ghost monkey. That all went through really quickly!!!!

 

I've just got my prelim ready to go to Cap 1. Am holding off posting as may look a the contractural interest. Did you go for that ??

 

Best wishes

 

jaxads

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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Just received letter from Capital One dated 30th Jan saying" we think these fees are fair etc but as good will we will reduce fees to £12.00 each and refund this to your account now and this will show in February statement.

So today I will be sending a letter to state only except money into my account as part payment and leting them know that I will start a claim online today.

 

Hi Ghost_monkey,

I recieved that letter today. I'm a bit confused though, as it was in reply to my LBA, should I start my claim against them with mcol? or should I send them another letter?

 

Also, how should I word the particulars of claim section?

 

If you could help me, it would be much appreciated.

 

Thanks,

 

Jenny

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Well done Ghost Monkey... good job.

 

Jenny, i have answered your thread..

 

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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Well done ghost monkey. That all went through really quickly!!!!

 

I've just got my prelim ready to go to Cap 1. Am holding off posting as may look a the contractural interest. Did you go for that ??

 

Best wishes

 

jaxads

hi jaxads yes the amount they have paid includes the 8% interest allowed and also the court costs incurred so far.

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