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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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have i done the right thing???


birmingham_999
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Wrote to lloyds asking for money back £170 plus charges and they declined. I then re-wrote to them saying I will start court proceedings within a week I got a letter (today) saying they will be sending a cheque in the post for the £170 - but dont refund charges.

 

As the account is now closed and has been for 3 years the intrest adds up to £42. they obviously dont look at accounts closely as they tell me to keep a close eye on my account and to stay within my overdraft limit - lol

 

anyway i filed the claime with moneyclaim online this morning as I know its not alot but why should lloyds hold on to £42 quid.

 

Do you think i have done the right thing??

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Did your letters to them ask for the interest?

_______________________________________________________________________________________________________

IANAL - Opinions offered are just my personal views and are not guaranteed to be correct. I have been known to be wrong (once or twice).

Claims in progress against:

Eldest - First Direct - Part Offer received - http://www.consumeractiongroup.co.uk/forum/first-direct/79619-eldest-fd.html

Eldest - Halifax - Cheque Received Full amount - http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/66254-here-we-go-eldest.html

Youngest - Halifax x 3 - Request for refund sent - http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/79617-youngest-halifax.html

Eldest - unnamed Mortgage Provider for Charges and incorrect maths.

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yes i did say that i was requesting it, as this is what would be paid by the courts.

 

in the letter they wrote me there is a line that says:

Its not the banks policy to repay intrest.

 

also another line i thought was quite amusing was:

we are making this offer because the amount you are asking for is less than the cost we might face in dealing with your complaint if you took it any further.

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Hi Birmingham

 

A few questions

Did you send the letters from the templates library?? ie SAR, prelim and LBA??

 

Was it Statutory interest at 8% claimable under section 69 of the county courts act 1984 that you requested or contractual interest at their authorised/unauthorised borrwoing rate???

 

 

If it was the Statutory interest at 8% claimable under section 69 of the county courts act 1984 then this is ONLY claimable if court proceedings are started. You CANNOT request that lloyds pay this interest unless you issue a claim against them. MOST IMPORTANTLY if they have offered you the full amount of charges that you requested to be refunded then you MUST accept it. You CANNOT issue a claim just so you can get the 8 % interest.

 

However, if it was contractual interest that you were claiming then yes you can refuse their refund and issue a claim for the full amount

 

skb

Victory over Lloyds £890

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Victory over Lloyds PPI claim £2606 click!

Barclaycard lazygoing - £580 + £398 contractual int at 17.7 % click! (Received partial payment £110 21/11/06)

The GF's battle against RBS click! stayed awaiting the end of the world

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  • 2 months later...

hello,

 

Can anyone help please, I got my bank statments through but I am not sure what intrest rate I can claim on it is 8% or the rate 29% that the banks charges for going O/D or can you claim back both, I have noticed that there are a few bank calatulors on the web but the total amount is never the same, I would want to harm my chances in court if it got that far.

 

ANY HELP IS WELCOME

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