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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
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    • 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***


gem77
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Hi Gem

 

Send the refusal letter and after a few days send the LBA too..

 

Uk

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Ok so I have done my refusal letter and printed it off. One last question for this part. Do I send the schedule of charges with it or just send it with the LBA in a few days time?

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Are you claiming any interest?.. if you are, send an amended one with the adjusted interest with your LBA. That way they are informed all the way along the process.

 

Uk

WARNING TO ALL

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No..just with the LBA amended if you have had anymore charges since your first spreadsheet.

 

Uk

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I have sent off both refusal letter (on the 23rd March) and LBA (0n the 27th March). Now all I can do is wait I guess and see if anything happens before the 14 days are up. Then hello Courts!!! :-o

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  • 2 weeks later...

Hi everyone. I recieved another letter today from cap1 saying it is their final offer. £288 take it or leave it they will not refund the full amount.

Their time ran out on monday but I thought I'd give them a few extra days as it was bank holiday. I am planning to do the mcol on friday.

Do I send them another refusal letter though or just proceed with the mcol.

 

Cheers

Gem

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Hi Gem

Time to move to the next stage now. File your N1 or go to MCOL.. N1 Form is better, because you can add a lot more to it.

 

Uk

WARNING TO ALL

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Hi,

Thanks for the response. I will go straight to next stage then. Haven't had a chance to sit down and sort it out last week so will do it this week. Hey I have given them an extra week coz im so nice!!!!;)

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Oh well. . . Next stage then..

 

Uk

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I am getting my info together to start filing my claim and have come across another thing I'm not to sure of.

The £10 that they took for the statements. I just tagged it on the end of the schedule of charges before. Can I claim the 8% interest on it or just add £10 to the total. If that makes sense.

 

Cheers

Gem

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Hi Jem

 

You send a Private message to a Mod to record your case number etc..We don't want your name or address. Bank,case number, amount being claimed. I don't think your dim,you will get the hang of it.

 

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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Thanks uk. You have been a great help.

Where can I find a Mod to PM?

 

Got 2 more to claim yet. thought I'd start with Cap 1 as I read they give in quite easily. Next I'm doing Lloyds which is a big one. Heard they can be quite stubborn and difficult so dreading that one.

 

Thanks again

Gem

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Lloyds are going to be a little more difficult to deal with. At the end of the day the charges are unlawful, and they have'nt defended their charges in court yet.

 

PM me the details and i will pass them on if your not sure what to do.

 

Uk

WARNING TO ALL

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Hi UK,

 

Here are the details of my claim.

 

 

Claim Number: 7QZ56207

Issued: 20/04/07

Court: MCOL

Charges: £768.00

Interest: £236.15

Costs: £120

Total Claim: £1124.15

 

Hope this is Ok. Thanks everso much for doing this for me UK it is much appreciated.

:D

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That's ok. . we are all a team on here with one goal in mind..

WARNING TO ALL

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Well Cap1 acknowledge my claim today. Hopefully not too long to wait now.

 

One thing I am a bit worried about though. I think they may put the money into my account/on my card. We dont owe them anything and dont use the card need the money in my bank. I did state to them when the sent me an offer that any monies are to be paid by cheque but if they do just put it on the account how easy is it to get a cheque off them instead?

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Hi Gem

 

Don't worry. If they pay the money into your account, give them a call and ask for a cheque. They will probably say they will defend on MCOL soon, then you will get your refund.

 

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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