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    • Good evening, My husband and I are looking for some help regarding a faulty car which we have recently purchased from Big Motoring World Enfield. The details are as follows: - Make - Nissan Qashqai 2017 1.2L milage 55,349 miles.  Date purchased -   01/06/2024 Price paid - Deposit £9000, finance £4794 (this includes the 3yr Nissan extended warranty), buyers fee £249.      Total including all fees etc = £ 13794.        Initially, during the test drive, there was no problem with the car at all and this is why my husband bought the car on the day. No problems on the way home from the dealership and up to three days after purchase, the car drove smoothly. However, after day 4, occasionally we would feel a slight shudder during some gear changes (automatic car). Over the next few days these shudders worsened and then on day 5 the car would make very a very loud shudder with every single gear change. It was at this point we contacted Big Motoring World for advice as we are still under the 14 days no questions asked return.  My husband contacted BMW for advice on 06/06/2024 and stated the problems as above. He spoke to a sales person who informed him that he should only take the car to a Nissan dealership (we have now been told that this is false information). We were also promised that a courtesy car would be provided for us after the fault on the car had been identified and confirmed by their mechanic fixing the car. We took the car to the garage that Big Motoring World had told us to go. Upon arrival there we discovered it was a third-party garage, not Nissan. We took the car to the garage on day 9. The mechanic ran a diagnostic test which found no faults, but after the test drove the car and below are his findings...   we scan the car but no faults with the gearbox showing but when I test drove the car it was really juddering and jumping.I spoke to my auto transmission specialist and he said they are very common on these as the CVT belt starts jumping within the box due to pressure loss.  We had this vehicle in for diagnostics for gearbox mate but both the gearbox and battery are faulty.Gearbox supplied and fitted comes to £3500 plus vat   Where we are at now…. My husband spent all of day 10 (11/06/2024) making phone calls between the garage, Warranties2000 and Big Motoring World. He tried, unsuccessfully to find out if the diagnostic reports had been shared between all three. Everyone kept saying the report hadn’t been received and yet the garage assured us it had been sent. Eventually we were told that the courtesy car would be given to us if it was deemed the works to fix the car would take longer than 8 working hours, and that decision would be made after 48hours of receiving the report. Today is day 11 and no decision has been made as nobody is telling us any decisions as people are off sick or on holiday! Today we called the garage and told the mechanic NOT to start any work as we will be returning the car. He said none have been started and we have left the car in his storage as he has deemed the car undrivable. I have sent an email to BMW now formally stating that we want to return the car and I have used the terminology that was suggested.   What can we do next?   Thank you everyone. .  
    • Yes will do thanks Dave, I wonder what will happen at the preliminary hearing no idea what they will ask I assumed once I sent the proof they asked for about my sons condition that I would have just  been given the go ahead to be Litigation friend
    • First the judge will rule on you representing your son, which will be a doddle. After that the full hearing date will be fixed, with WSs exchanged 14 days before. So for the moment just concentrate on getting the right to represent your son.  
    • Thank you, the mediations in a couple of days so hopefully they show up this time. I'll update this thread after how it goes
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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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    • 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.
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      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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Bigjohnk v Capital One


bigjohnk
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SAR sent this morning.

 

Now to sit & wait!!

 

Oh Yes, nearly forgot, a friend of mine used to work for Captial One, so I have a bit of an insiders view of what life was like working for "The Big C" as he used to call it!!!

RBOS - Settled in Full

MBNA - S.A.R - (Subject Access Request) Sent, Data received, offer rejected, LBA sent, another offer made & rejected.Settled

CAP 1 - SAR Sent, Data received, offer rejected, LBA sent. Due to illness no further progress

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Ok... how much are their real charges?..

 

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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SAR sent this morning.

 

Now to sit & wait!!

 

Oh Yes, nearly forgot, a friend of mine used to work for Captial One, so I have a bit of an insiders view of what life was like working for "The Big C" as he used to call it!!!

 

hi bigjohnnk my SAR Recieved Monday 12th so will watch your thread and compare reactions from CRAP1

 

dpick

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  • 4 weeks later...

Well, not a dickie bird from Crap 1 yet, still they've got another week or so till the 40 days are up!!

 

I suppose they must be a bit busy!!;)

RBOS - Settled in Full

MBNA - S.A.R - (Subject Access Request) Sent, Data received, offer rejected, LBA sent, another offer made & rejected.Settled

CAP 1 - SAR Sent, Data received, offer rejected, LBA sent. Due to illness no further progress

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Loads of paperwork from Crap one sent by special delivery!!

 

Statements, explanations of codes & print outs of screen dumps!

 

Looks like I going to be busy!!

RBOS - Settled in Full

MBNA - S.A.R - (Subject Access Request) Sent, Data received, offer rejected, LBA sent, another offer made & rejected.Settled

CAP 1 - SAR Sent, Data received, offer rejected, LBA sent. Due to illness no further progress

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  • 2 weeks later...

I've seen on some other threads an interest rate of 34.9%, this is, it seems, is only for the Classic Card, as I have a Platinum card do I use a different rate?

 

I calculated from the monthly rates shown on my statement. 1.667% cash, 1.527% purchase, added together, divided by 2 to get the average & multiplied by 12 to get the yearly.

 

This gave me a total of 19.164%.

RBOS - Settled in Full

MBNA - S.A.R - (Subject Access Request) Sent, Data received, offer rejected, LBA sent, another offer made & rejected.Settled

CAP 1 - SAR Sent, Data received, offer rejected, LBA sent. Due to illness no further progress

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Just checked Royal Mail website......Prelim arrived today!!

RBOS - Settled in Full

MBNA - S.A.R - (Subject Access Request) Sent, Data received, offer rejected, LBA sent, another offer made & rejected.Settled

CAP 1 - SAR Sent, Data received, offer rejected, LBA sent. Due to illness no further progress

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  • 2 weeks later...

14 day deadline is now up for Prelim........suprise, suprise no response from Cap 1!!

 

LBA will be sent later this week!

RBOS - Settled in Full

MBNA - S.A.R - (Subject Access Request) Sent, Data received, offer rejected, LBA sent, another offer made & rejected.Settled

CAP 1 - SAR Sent, Data received, offer rejected, LBA sent. Due to illness no further progress

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Letter arrived this morning.......the usual blah blah about how they think there charges are fair etc etc.

 

They have offered the difference between the new £12 charge & the old charges........Sorry not good enough, I want what I'm owed!!

 

Can anyone point me in the direction of an apt refusal letter?

RBOS - Settled in Full

MBNA - S.A.R - (Subject Access Request) Sent, Data received, offer rejected, LBA sent, another offer made & rejected.Settled

CAP 1 - SAR Sent, Data received, offer rejected, LBA sent. Due to illness no further progress

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Just noticed that the letter does actually say it's a full & final offer, just an offer of goodwill!

 

Anyway, rejection letter composed (I used the one for MBNA).

RBOS - Settled in Full

MBNA - S.A.R - (Subject Access Request) Sent, Data received, offer rejected, LBA sent, another offer made & rejected.Settled

CAP 1 - SAR Sent, Data received, offer rejected, LBA sent. Due to illness no further progress

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  • 2 weeks later...

Letter arrived this morning from Ellie Renshaw (Executive Office Manager) in response to my rejection letter.

 

Usual blurb, "I'm sorry to hear that you feel my offer is unacceptable. We are confident our fees are both fair & legal. Blah Blah Blah.

 

This offer is still open to you. I won't be increasing it, as it is my final offer.

 

Financial regulations require me to advise you that this is my final response in relation to this matter. [What financial regulations?] However, you now have the option to contact the Financial Ombudsman Service within 6 months of the date of this letter."

 

I like the last paragraph...."Again, I look forward to receiving your signed settlement form so we can put this behind us & save the court's valuable time"

 

LBA in the post this weekend!!

RBOS - Settled in Full

MBNA - S.A.R - (Subject Access Request) Sent, Data received, offer rejected, LBA sent, another offer made & rejected.Settled

CAP 1 - SAR Sent, Data received, offer rejected, LBA sent. Due to illness no further progress

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  • 2 weeks later...

LBA recieved by Cap One yesterday.....14 days & counting!!!

RBOS - Settled in Full

MBNA - S.A.R - (Subject Access Request) Sent, Data received, offer rejected, LBA sent, another offer made & rejected.Settled

CAP 1 - SAR Sent, Data received, offer rejected, LBA sent. Due to illness no further progress

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  • 2 weeks later...

Surprise, surprise!!!

 

Another letter arrived today from Ellie Renshaw.........pretty much exactly the same as the last one but with a different date.

 

LBA runs out tomorrow!

 

I'm not going to be able to start the court claim for a couple of weeks as I'm away all next week & I don't want to miss anything while I'm away!!

 

I also want to re-read some of the POC stuff just to make sure I've got it all correct!!

RBOS - Settled in Full

MBNA - S.A.R - (Subject Access Request) Sent, Data received, offer rejected, LBA sent, another offer made & rejected.Settled

CAP 1 - SAR Sent, Data received, offer rejected, LBA sent. Due to illness no further progress

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Surprise, surprise!!!

 

Another letter arrived today from Ellie Renshaw.........pretty much exactly the same as the last one but with a different date.

 

LBA runs out tomorrow!

 

I'm not going to be able to start the court claim for a couple of weeks as I'm away all next week & I don't want to miss anything while I'm away!!

 

I also want to re-read some of the POC stuff just to make sure I've got it all correct!!

 

Hi bigjohn dpick again I got Ellie's this is our final offer and will not be increased and if we do not hear from You 8 weeks case closed. Thats a shame I just filed N1 today at court for charges an ci, will keep you posted.

 

dpick:p

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  • 2 weeks later...

Nothing going to happen for a while.

 

Cash to start my court claim is not available at the moment, I've just been handed a large bill by my garage as my car went bang while I was on holiday!!!!

 

I'm looking at sending a letter of complaint to the AA, the AA man showed up, briefly explained what he thought the problem was, but before he could do anything the heavens opened, he said "Sorry I'm not allowed to work in these conditions", got back into his van & drove off!!!!!!

 

Fortunately the following day I managed to get a local garage to look at it for me.

RBOS - Settled in Full

MBNA - S.A.R - (Subject Access Request) Sent, Data received, offer rejected, LBA sent, another offer made & rejected.Settled

CAP 1 - SAR Sent, Data received, offer rejected, LBA sent. Due to illness no further progress

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  • 2 weeks later...

For some strange reason Crap One are now phoning me!

 

When I tell them "due to impending legal action against Cap One, all communications must be in writing" They say they have written to me & wish to discuss the problem. The last letter I got was to tell me they weren't going to increase their offer.

 

I didn't think the O/S call centres had the authority to negotiate on these matters.

 

Anyway I told them any further calls will be classed as harassment & will be reported to the authorities.

RBOS - Settled in Full

MBNA - S.A.R - (Subject Access Request) Sent, Data received, offer rejected, LBA sent, another offer made & rejected.Settled

CAP 1 - SAR Sent, Data received, offer rejected, LBA sent. Due to illness no further progress

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Hi BigjohnK,

 

Just wondering how you are getting on, Have you filed your claim yet? I went through this a few weeks ago, also dealt with Ellie Renshaw, they paid up within 12 days of me filing my N1!!

 

kind regards,

shane daniel

____________________________________________

All advice is offered freely & without prejudice

 

 

If my post has been useful to you please click the scales

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Due to other things taking most of my time, I've sadly not been able to get anything done yet, but fear not I shall be attempting to get the N1 done this weekend!!!

RBOS - Settled in Full

MBNA - S.A.R - (Subject Access Request) Sent, Data received, offer rejected, LBA sent, another offer made & rejected.Settled

CAP 1 - SAR Sent, Data received, offer rejected, LBA sent. Due to illness no further progress

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no worries bigjohnk, the sooner you file your claim the sooner you r to seeing your money. Capital one seem only to be settling cases after an official claim has been filed. I can sort of understand where they're coming from, they assume most people are to timid to go through with it when a court is involved but with the increase in publicity regarding charges all they're doing is having to pay more back as they have to cover the claim issue fees as well!

____________________________________________

All advice is offered freely & without prejudice

 

 

If my post has been useful to you please click the scales

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  • 2 weeks later...

Here's a question!

 

In the last latter I got it said if they didn't hear from me within 8 weeks they would consider the matter closed, now due to other commitments I may not be able to file my claim until after the 8 week period is up, so would they just ignore the claim as it was past the deadline or is the deadline something they have made up to suit themselves?

RBOS - Settled in Full

MBNA - S.A.R - (Subject Access Request) Sent, Data received, offer rejected, LBA sent, another offer made & rejected.Settled

CAP 1 - SAR Sent, Data received, offer rejected, LBA sent. Due to illness no further progress

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Here's a question!

 

In the last latter I got it said if they didn't hear from me within 8 weeks they would consider the matter closed, now due to other commitments I may not be able to file my claim until after the 8 week period is up, so would they just ignore the claim as it was past the deadline or is the deadline something they have made up to suit themselves?

 

Hi it's your claim and yours to decide if matter is closed not theirs just go ahead let them try to say to the court this matter is closed we say so.

 

Crap1 one big rasssssssssssberry dpick:)

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  • 10 months later...

Hi All, I'm back!!

 

Unfortunately due to work commitments & I'll health I've not actually been able to do anything with my claim since my last post!!!

 

To get the ball rolling again I'm going to resend my LBA with the original figures.

 

Is this the best way to go or should I recalculate my claim & send that.

 

My preferred option would be to send the original stuff as it would be less hassle.

 

Advice please!!!

RBOS - Settled in Full

MBNA - S.A.R - (Subject Access Request) Sent, Data received, offer rejected, LBA sent, another offer made & rejected.Settled

CAP 1 - SAR Sent, Data received, offer rejected, LBA sent. Due to illness no further progress

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