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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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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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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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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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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 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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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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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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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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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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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,

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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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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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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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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