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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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MCOL - 4 days 2 go - What then? ****WON!****


queenrac
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on reflection, yeah maybe it was overkill lol!!! but there's always the leaving messages on everybody's voicemail too - that's another way, and demand that they get back to you. leave them with as many options to contact you as you can too, mobile, homephone, work phone, every email address you have - i think that about covers it..... don't stop til they get back to you. it's exhausting (probably more for them than for you) but they'll get the message eventually lol

If i've been helpful in any way....then tip my scales over there!

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on reflection, yeah maybe it was overkill lol!!! but there's always the leaving messages on everybody's voicemail too - that's another way, and demand that they get back to you. leave them with as many options to contact you as you can too, mobile, homephone, work phone, every email address you have - i think that about covers it..... don't stop til they get back to you. it's exhausting (probably more for them than for you) but they'll get the message eventually lol

 

Hi Netty, I had been emailing them last week and again this week and go a reply from rachel via email saying they were currently looking into my claim and would get back to me in due course. I've replied asking when this is likely to be as my AQ is up on Monday - by the way, the date is Mon 12th March, do I have to file before that date or on it and also, if the amount I'm claiming was under £1500 but is now over as I had to pay the £120 court costs, does that mean I have to pay the extra £100 or not???

Thanks!!

 

Queenrac :smile:

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If your claim, excluding the court fee, is below £1,500 then no AQ fee.

 

File your AQ any time before the 12th.

If I have been helpful please click on my star and add a comment.

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no - close m-f at 4, usually.

and also, latest thinking - as of yesterday - is to back way off on dg - let them have some time to get some offers out. netty will be on later and if you ask - she will tell you this too -

the mods and site helpers feel that the previous approach may verge on harrassment and could def be counter productive. so, advice is to cease the e-mails, calls and faxes - you know they have your info - let due course (in their words) have a bit of breathing space. thanks for your help. we tried to get this out to most yesterday.

i've done a new thread called when you've filed your aq - which may be helpful to you soon. good luck.

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no - close m-f at 4, usually.

and also, latest thinking - as of yesterday - is to back way off on dg - let them have some time to get some offers out. netty will be on later and if you ask - she will tell you this too -

the mods and site helpers feel that the previous approach may verge on harrassment and could def be counter productive. so, advice is to cease the e-mails, calls and faxes - you know they have your info - let due course (in their words) have a bit of breathing space. thanks for your help. we tried to get this out to most yesterday.

i've done a new thread called when you've filed your aq - which may be helpful to you soon. good luck.

Fair enough Lateralrus, I was only sending one a day so nothing to sinister!! So to confirm; if my date is Mon I need to get it in by Fri at the latest and as my claim was under £1500 without the MCOL fee I don't have to fork out the £100?

Thanks!!

 

Queenrac :smile:

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My AQ dealine is March 24th. I have emailed DG a few times too and today got the same reply as you "looking into it" ??????

 

Will be interested to see when you get an offer because I hope to get one before deadline too.

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Hi Maggie,

I must admit am starting to doubt myself in every way, am even starting to think I filled out my spreadsheets incorrectly but trying not to panic.

Still fell as though mine could be the test case I can see the headlines now: "Queenrac, the first to lose to HSBC" :eek:

Thanks!!

 

Queenrac :smile:

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if the deadline is monday - you can walk it in before 4pm on monday - it's usually quite local - but if you are posting - i'd do it friday. and you could check that info but i think it is correct - if total of your claim minus court fee is under 1500, you don't pay. you could make a quick call to the court - number is on the paperwork when they sent you the transfer to the local court and verify that if you like.

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Thanks Lateralrus, I shall take it in my lunch hour on Monday then, give DG time to hopefully send me an cheque over the weekend!! :D

Will keep you posted. Fingers Crossed!

Thanks!!

 

Queenrac :smile:

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hi queenrac... sorry i'm late - bingo on a wednesday lol...

 

the overkill on emails has ended... i don't think they're opening them anymore just incase i'm the sender!! sorry folks, i think it's my fault that nobody is getting any replies anymore! i'd suggest only getting in touch with dg if it's crucial at the moment while they're playing 'catch up'.

If i've been helpful in any way....then tip my scales over there!

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queenrac/maggie

i went through exactly the same panic and self doubt as you are going though!! i received a full offer in the post last thursday! so stick with it and don' worry... you're gonna be fine

If i've been helpful in any way....then tip my scales over there!

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did speak to the courts again to today and they're not going to cash the cheque for the aq fee until i instruct them to do so as i'm waiting for my spondoolies!! they're a nice bunch at birmingham county court, unlike dg at moment, however i really believe that's 'personal' lol... never mind!

If i've been helpful in any way....then tip my scales over there!

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Afternoon all,

 

Just a quick question regarding tomorrows AQ deadline. I have printed off the Section G statement and the Draft Order for directions; on reading the latter it says I have to provide the court with the schedule of charges and statements etc.

 

When do I take these in? When I file my AQ tomorrow or closer to the 14 day deadline??

Thanks!!

 

Queenrac :smile:

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Afternoon all.

 

Have recieved a letter from DG today. Am now panicking that I did the interest calculations incorrectly. Letter is long but comprises of:

We reviewed your claim along with schedule of charegs. We are at a loss to understand why you have sought to recover charges and interest from our client and additionally @ 8% on the total charges and interest. Please confirm the legal basis of your claim in relation to recovery from our client of what would seem to be overdraft interest applied to your account.

They have offered me £1,036.74. Dates of charges is between April 2001 & December 2004.

My original request was for £1073.99 but has since risen (if I have done it correctly to £1445.05 (with 8% interest for court case) plus the £120 legal costs.

The letter ends with the standard strictly confidential blurb and full & final statement.

 

Can anyone tell me if I've gone wrong, if necessary I can forward interest spreasheets if that would help. ?!?!?! :?

Thanks!!

 

Queenrac :smile:

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i can ask a couple of questions and you can see if you have.

did you use vampiress advanced spreadsheet?

did you put the interest charges on the right and the other charges on the left?

on the right side did you put your balance at the time of the interest debit?

did the s/s pick up all of the charge sometimes, a portion of it sometimes and if the balance you entered for that charge was a + number (as opposed to a negative balance) it would have picked up none of the interest debit?

 

if you did all that - and didn't just plonk the whole amount of each interest debit onto the simple spreadsheet or the left side of the advanced s/s then you will have done it correctly.

 

then you took the two totals of that page and did the s/s again on the 8% interest tab - that will have shown how much each charge has gained in interest since it was charged.

if you did all that - then don't worry.

they are just stalling - stick to your guns - reject it - accept as partial. don't even refer to their questions except to say you feel confident that if it goes to court a judge will see it your way.

 

if you goofed - get back, i'll help with a settlement offer.

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i can ask a couple of questions and you can see if you have.

did you use vampiress advanced spreadsheet?

did you put the interest charges on the right and the other charges on the left?

on the right side did you put your balance at the time of the interest debit?

did the s/s pick up all of the charge sometimes, a portion of it sometimes and if the balance you entered for that charge was a + number (as opposed to a negative balance) it would have picked up none of the interest debit?

 

if you did all that - and didn't just plonk the whole amount of each interest debit onto the simple spreadsheet or the left side of the advanced s/s then you will have done it correctly.

 

then you took the two totals of that page and did the s/s again on the 8% interest tab - that will have shown how much each charge has gained in interest since it was charged.

if you did all that - then don't worry.

they are just stalling - stick to your guns - reject it - accept as partial. don't even refer to their questions except to say you feel confident that if it goes to court a judge will see it your way.

 

if you goofed - get back, i'll help with a settlement offer.

 

Hi Lateralrus, Used the spreadsheet with turquoise and yellow boxes with explanation on the front page.

Have checked my workings and entered the amounts and dates on the left hand side and on the right hand side entered the interest amount and balance at time of debit interest. Should I have entered with interest added or without?

Will this small discrepancy affect my claims standing? I think it would only be the difference of pence I think...

Thanks!!

 

Queenrac :smile:

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no, it sounds like you've done it properly - in which case - i'd say stick with it, they are trying it on. just send the rejection letter and say as i put above -

don't get into the overdraft thing with them - we can borrow an excellent excerpt from bong's big post later if we need it - it's very simple - almost condescending towards them on o/d interest. for now, just say you are happy for a judge to decide. scared you didn't it - so, it worked!

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