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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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glav's o/h v MBNA ****WON****


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Well so much for thinking we had won. Lodged cheque on 6 June, just checked my online banking and it the cheque has returned unpaid. I am absolutely fuming!!

 

glav:x

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Hi XP

 

I used Vampiress' spreadsheet - Throughout claim with compound contractual interest. You will find it in the link below, you will have to open a google account but it's free. Hope this helps.

 

VAMPIRESS'S CHAMBERS

 

glav:)

 

Thanks a lot for that GLAV...sorry to hear about your bounced cheque...that is out of order!!! MBNA should know better!!!!

IF Current A/C won

MBNA A/C 1 Settled in full

MBNA A/C 2 S.A.R - (Subject Access Request) Settled in full

Lloyds TSB CC - S.A.R - (Subject Access Request) sent

Citicard S.A.R - (Subject Access Request) sent

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Hubby has tried ringing couple of different departments today but no-one able to give any answers. They gave him a number to contact but it is not available until Monday. Think on Monday morning it will be best to ring Colin Pugh back and demand to know what's going on, he offered the settlement and we have it in writing, I think we are also within our rights to demand a telegraphic transfer on Monday, otherwise it's straight off to court and this will cost them even more.

 

glav:mad:

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Dizzy

 

This is a nightmare. MBNA maintain that cheque is paid, our bank says it was returned unpaid as MBNA flagged it as potentially fraudulent!! Customer Advocate Office working on it and to ring hubby back tomorrow so don't really know what's going on. Received latest statement today and it does show account balance reduced to nil and refund paid out. Hopefully sorted tomorrow, hubby running out of patience fast and has told them that court claim will be next step if this is not sorted. Will keep you informed.

 

glav:confused:

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Hi all

 

At last we have WON! Natwest actually flagged the cheque as potentially counterfeit as they thought it looked suspicious!! and held it in a holding account!! Colin Pugh in MBNA Customer Advocate office has worked hard to get it sorted, funds are now lodged and available in our account!! Colin Pugh really is a man of his word.

 

glav:) :)

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yeah congrats from me too :p

 

I only hope my road is as "smooth" as yours.

I'm currently working out the interest in Vampiresses Chambers but am a little stuck on a couple of the inputs. Can anyone out there help? please?:confused:

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Hi McFadzean

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

If you go to the section in the above link, I think letter 4 best suits your situation, I would hold on to the cheque for now (but don't bank it until you get a response) and get this partial settlement letter off to them straight away. Hope this helps, and keep going, you will get there!!!

 

glav:)

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  • 3 weeks later...
  • 2 weeks later...
  • 2 weeks later...

HI GLav

 

I've won against MBNA - I Think lol

 

They have given me a cheque for all my bank charges with compounded contractual interest at a rate of 23.9%

 

the sting in the tail is that they've only given me interest untill the account was closed in 2005 so they've calculated it at £522

 

I have calculated it at £1580 from the date of the charge to date of claim may 2007

 

they also gave me statutory 8% interest of a further £510

 

so I don't know whether to change my thread to won- as I'm currently trying to find out if i can only claim the contractual interest untill the account was closed

 

anyway i'll keep you posted how i get on

 

they also admitted that they can't find my CCA

 

thanks again for all your help and support - xxxx

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That’s great news fella well done

I'm just about to write my LBA as no response from preliminary which is due tomorrow.

Looking forward to seeing how it all goes.

I too am going for contractual at 23.9% so will be interesting to see if they pay up.

How long did it take them to cough up with you? Did you have to file MCOL or did you find a decent contact at MBNA. I would appreciate your insight so that I can get my claimed wrapped up, Or at least have an idea of how long it is going to take from here on in.

Anyway congrats again your an inspiration to us all :p

nice one:)

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hi youngman

 

I posted a prelim got no resonse filed lba phoned them on the deadline day they daid they were working to a 28 day deadline not 14 as I requesed

I waited instead of filing court papers got a goodwill gesture rejected it

then phoned them after rejection letter deadline they again said another 28 days

I said ok, no sign after 28 days I rang them and mentioned also that they hadn't sent my cca got a seelement in the post a couple of days later

 

its up to you I wasn't in a massive hurry for the money so I waited the extra time but maybe filing court papers will give them a jolt - and maybe with this test case from OFT and banks possible stalling of paying bank charges you should try and get it fully settled as quick as possible

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