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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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a bit of advice *** WON ***


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Hi all , recieved to day from county court notice of acknowledgement of service from capital one they are defending all the claim which in total comes to around 1500.00 they have until the 2nd may to file a defence... is it likely that this will proceed to court or is there a chance that they will settle??? Getting worried???

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Don't worry, there are a few of us with court claims pending, mine was deemed served on 6 April and have also now received acknowledgement of service that they are going to defend. It is to be expected. What date was your claim served to Cap One.

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7 threads merged, pls stay on 1 thread per claim, it helps keeping track.

 

I think if you read a few completed Capital One threads, you'd have found the answer to your question yourself.

 

It would also help you conquer the fear, which is mainly due to the fact you don't know what's round the corner, when it's following a very similar paths to others before you. Why put yourself through that? Read on, and know what to expect next, and it will help settling the jitters. :-)

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Hi Jem

 

Just check your account online everyday from now on. Your so close to getting your refund, 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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I have read through quite a few threads but i have to admit im not the brightest spark and some of the terminology confuses the heck out of me like MCOL it must have took me a week to suss out what it was lol!! Anyway the claim was served on the 4th April so from my reckoning that means they have until the 2nd May to file a defence??? The thing is as well i cant check on line because i didnt issue the N1 through MCOL i did it at court due to being exempt from fees.... but hopefully the end is near!!

 

Anyway thanks to evertone whao has respnded and answered a few of my silly questions ive really appreciated it!!

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Just an update i have just rang court and cap 1 has not issued a defence as yet, after reading a few more threads i have noticed that you are meant to pm a moderator with the details of your claim?? Not sure how to pm?? Can anyone help with this??

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Hello Jem

 

Click on the username of the person you want to send a PM to. That will take you to see their personal details that they may or may not have put in about themselves. There you will find a link 'Send a private message to .........' By clicking on that link you can then write a message and send it. This is called a PM(Private Message)

 

Phil:)

This is only my personal, honest opinion!

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Hello Jem

 

If you go to the home page of the consumer action group, and scroll down to the bottom of the homepage, you'll find everyone that is using the forum at the moment. Just click on one of the green names. The names in green are moderators, the names in pink are site-helpers. I don't know the difference, all I know is that they are all very good!!!!!!:D

 

Phil:)

This is only my personal, honest opinion!

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OH YES!!!!! Recieved a letter from Crap one today!!! It reads;

 

Dear xxxxxxx

 

I write in connection to the above court claim, which you have issues against capital one i have now had the ooprtunity to investigate your claim of 1517.54

 

blah blah it is denied that these charges are unlawful as you have claimed blah blah..... Whilst we do not accept liability for your claim i have in an effort to resolve the matter without the need of acourt hearing refunded 1517.54 to your account. This refund has cleared your balance and i have arranged to send you a cheque for 1091.24 which you should recieve within 14 working days. These refunds are made purely as a gesture of goodwill and we will now defend your claim on the basis that we have refunded the correct amount.

 

So all i need to do now is wait for the cheque to arrive... they said to inform court to confirm settlement but until i have the cheque in my hand im not doing anything!!!

 

Anyway thanks to all for all the help and support given.... Do i need to tell a moderator that the claims won or do i wait till ive recieved the cheque...

 

Once recieved a donation will be on its way couldnt have done it without the help of this site and all the members!!!:lol:

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congrats wtg

WHEN THE WORLD GETS IN MY FACE I SAY HAVE A NICE DAY :lol:

 

MY SUCCESSESS

HSBC £5,735.35 :D

MUM IN LAW £2112.00 WIN FROM HALIFAX :grin:

MUM £3580.00 WIN FROM NatWest :grin:

AUNTIE 2 NATWEST WINS £1865.00 AND £2541.00

EQUITA BAILIFFS £293.00 REFUND :grin:

MBNA £871.16 WON WITH CI AT 24.49%

WELCOME FINANCE CHARGES £600 APPROX didnt even need letter lol

CAP ONE WON WITH CI AT 29.9% £994.26

 

CLAIMS ON THE GO AT MO

mbna ppi

NatWest cc at mcol (ppi next)

welcome ppi

first response charges

 

IF I HAVE HELPED IN ANY WAY HIT THE SCALES IN BOTTOM LEFT CORNER THANK YOU ;)

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jem, big congratulations, good to see another contractual payout. If possible do you think you could send me a pm giving me your court claim number and where your court case was being handled, cap one are not paying out my contractual and need to build a few cases where they have paid out contractual in full. Thanks

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Hi Jem

 

Just wait for the cheque to arrive before cancelling your action against them. . . I have requested your title to be changed to "Won"...well done.. Congratulations..

 

Ukaviator

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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  • 2 weeks later...

Hi all just an update, as of today still no cheque, i rang the court up who says that there has not been a defence submitted as yet, so im wondering what to do have i to leave it for a little while longer of have i to enter judgement??? Rang capital one but the department that deals with these issues do not recieve phone calls (typical) when i rang capital one they did say that the balance on my account was zero and that i had a 200.00 credit limit (god knows how i havent had the card for years) and i certainly dont want another!!! So do you reakon that i give them a bit more time or enter judgement???

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It looks like they have just re opened your dormant account. Tell them that any balance left after clearing your balance is to be sent out as a cheque and the account closed.

 

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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