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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
      • 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
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Gem vs Capital One ***WON***


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Hi All,

 

I have recieved all my statements (well my husbands actually) and totted all the charges up making a total of £768.00. Now I am a bit confused as this is a first time for me. I have been reading lots of threads but still not sure about this interest bit.

Do I add the 8% interest in my first letter asking for the money back or do you wait till you submit it to MCOL. also do you add the £10 that I sent for the statements.

 

I do hope someone can help me out here my head is kind of spinning.

 

Cheers

 

Gem:confused:

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The 8% statutory interest can only be added when you file with the court. with regard to the £10, yes add it to the charges.

Please Click The Scales if I have been of help to you.

 

 

Kensington Mortgages withdrawn. no costs

NatWest Settled in full

Abbey Court Settled in Full

Capital 1 settled in full

Halifax settled in full :D

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Thanks Ed1237.

But what about the interest they have charged on top of the charges. Can you claim that back and if so how do you work it out. Or is it best not to bother.

 

Cheers

Gem:confused:

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Thats a tough one. It is quite difficult to seperate the interest on charges from that on your normal balance. Some on this site have claimed for contractual interest (myself included), but it can complicate things. Contractual interest is the interest rate charged by them ie 23.9%. If you go down this route, you claim it from the outset, in your prelim. If you decide to go down this route, I am more than happy to help you learn how to work it out, just ask.

 

Ed

Please Click The Scales if I have been of help to you.

 

 

Kensington Mortgages withdrawn. no costs

NatWest Settled in full

Abbey Court Settled in Full

Capital 1 settled in full

Halifax settled in full :D

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Thanks Ed,

 

I will have another look at it and let you know. Help would be great. I seem to be getting confused rather early on. And I feel the worst is yet to come!!!!

 

Thanks again

Gem

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  • 2 weeks later...

Well I have decided to go the less complicated route and not apply for the interest as well. I am going to send my piliminary letter tomorrow so just have to wait and see now.

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Sent my prelim today so will be interesting to see what happens as my claim is for about the same amount as yours. Had 2 cards with them one has £140 of charges and the other £668.

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Hi Gem

 

If it gets to the court stage you can apply the 8% anyway..keep us posted..

 

Uk

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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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Hi S1h,

 

It will be interesting to see how we both get on being that we are at the same stage and asking for the same amount. Keep me posted on how you do and I'll do the same.

 

Thanks Ukaviator I will keep you all upto date. Getting a little nervous though and only just started!!!!

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Hi again Gem,

 

I had to go back after Cap 1 to remove the default which I stupidly left out of my main claim. They settled last week, but when I spoke to Wendy Starr (cap 1's legal person) she stated Capital 1 have no intention of ever going to court over charges, so take heart and stick at it.

Please Click The Scales if I have been of help to you.

 

 

Kensington Mortgages withdrawn. no costs

NatWest Settled in full

Abbey Court Settled in Full

Capital 1 settled in full

Halifax settled in full :D

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Don't worry Gem, they have'nt been to court yet. If they do you will have a lot of backup here, so don't worry.

 

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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Hi again Gem,

 

I had to go back after Cap 1 to remove the default which I stupidly left out of my main claim. They settled last week, but when I spoke to Wendy Starr (cap 1's legal person) she stated Capital 1 have no intention of ever going to court over charges, so take heart and stick at it.

 

You got default removed ?????

Just hate every DCA out there

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Hi everyone,

Thanks for all your support it does mean so much to me. I have been pondering over doing this for about a year and finally plucked up the courage to do it and it's all thanks to this site otherwise I dont think I would of.

Ed1237 I'm glad to hear you have actually heard it from the horses mouth that does boost some confidence.

 

Thanks again to all of you. I will keep you posted.

 

Gem :D

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  • 2 weeks later...

Hi All,

 

I recieved a letter today from Robert Udy basicly saying thats what you agreed to but as a gesture of good will they will refund the difference between £12 and £20 totaling £288. (I don't think so)

 

Their 14 days are up so do i send them a LBA and put in it thanks for the offer but no thanks or 2 seperate letters the LBA and a letter saying thanks but no thanks?

 

One other thing in the letter it states he has included a settlement form and a leaflet with his address but all that was in the envelope was this letter does any one know what this Robert Udy's address actually is?

 

Thanks

Gem

x

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Hi GEM

 

The letter you have is a standard response. Next stage now, send the rejection letter, found in the Bank Templates Library. Do not sign anything they send. This is standard procedure from Mr Udy. Hang in there, you will get it back.

 

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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strange isnt it as i sent my prelim letters at the same time but did not get the letter back that you got, I just got one saying they are looking into it and will get back to me within 4 weeks.

 

I sent my LBA's on monday.

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Ok I'll send the rejection letter.

That is weird maybe they have the 2 responses and randomly pick one to send like 'iny meany miney mo!'

 

Well I'll send the rejection letter and see what happens I guess.

What address did you send the LBA to?

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hi i,m at the stage where we are filling claim at court, we have paid £1400 in charges for £200 credit limit card. We still owe according to CRAP 1 £863.45. We turned down their goodwill gesture To reduce outstanding amount by £452 dated 19 feb, waited long enough and am starting court action tomorrow. GOOD LUCK TO YOU AND ME!!!!!:cool:

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Our was a £200 credit limit as well and over £700 of charges. Our balance is at £0 now and we don't use the card. In our good will gesture they said they would credit the account but as we don't use the card I am hoping they will send a check (for the full amount though).

most of the charges were added just one day before the payments to them cleared as well. so because the payment was just 1 day late, 'that will be £20 please' and oh that took you over your limit so thats another £20 please'. daylight robbery isn't it.

 

Any way Good luck Minimaya Let's get back what we deserve.

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thanks for response, court action seems scarey but i really believe they are taking the biscuit, they have taken payment after payment from us but balance only increases, we haven,t used card in over four years and will close account at end of this, i think £350 is what they deserve and the rest i want back, we could pay for a nice mini holiday for our kids with that, let me know how you get on.;)

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Hi minimaya. I know what you mean it does all seem quite daunting but this site does help loads doesn't it and it gives you confidence reading all the threads especally the success stories. Dont think I would be dong this other wise. I am hoping also to put a bit by to take my husband and son on a nice little holiday. We could deffinatley do with it.

 

I think I am only going to use credit cards for major emergencies from now on. I got a letter from my egg card the other day I never had any charges on that and always paid more than the minimum each month but now they have raised my interest from 15.9% to 22%. Luckily I have nothing on it at the moment so think I will be cancelling that card definatly.

 

We just got to keep our heads held high and tell ourselves we are better than them! :D

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Hi, I am still a little confused. I am trying to fill out the settlement refusal but it seems to be for if you have already sent a LBA. I haven't got that far yet. Should I kind of merge the two letters together?

 

Help please someone!!!

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