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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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Helpme43 v Capital One ***WON***


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apart from First Direct who paid me back all my charges, in full, after two letters and one phone call, all the rest have been a bit slow. All the credit card companies (apart from GE Capital, who just did not reply) have replied and only offered the difference between their charges and the OFT £12, So in each case I am having to go to Court. Bank of Scotland just seem to be really slow - I would have been at Court with them ages ago - if it had not been for all the cost of court action. Hagenuk has urged me to file for remission of fees and there is no doubt I am entitled, it's just a bit embarrassing to be honest, having to prove my financial hardship! And now I've gone for remission the slowness of the claims is a bit annoying too!

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Well try not to feel too bad about it, after all the Banks have got you in this situation but it's just so frustrating how they drag the claim out, my first 2 claims were with halifax and I have to say they were brilliant, settled both claims before court action, hsbc (daughters claim) were not too bad, managed settlement of that as well for full amount before court. So now I am waiting for cap one claim to be sorted (plus hubbys) and Abbey claim and will now be starting my brothers cap one claim. Am about to do spreadsheet now.

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just a quick note to let you know that I received a letter this morning, dated 3 may 2007, saying that their offer remains £315 and they won't increase it.

 

It's all a bit cynical isn't it? After all, I have taken them to Court, they have acknowledged. These silly letters, just make me annoyed! They have till 28/5/07 to defend.

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I know the frustration you are going through. They just don't communicate with each other in the office. You are not far away now.

 

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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yeah i had the same after filing my mcol claim another final offer for the same amount as the previos two, they paid up a week after the 3rd offer which was 21 days after the claim was acknowledged, it wont be long now

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  • 3 weeks later...

Hi, could someone change the name of my thread to Helpme43 v Capital One - WON!!!

Received letter today informing me that although they did not accept any liability blah, blah, blah.... but they had credited my account with the full amount of my claim, including court costs of £1,030. I have checked online, and it is there. Despite the fact that I could have asked for a cheque, as I want my debts to be reduced, I don't mind as this wipes off half my Capital One balance and it makes the removal of the rest of the balance a reality!

 

They had until 28/5/07 to defend and I notice that they had filed a defence at MCOL today.

 

For anyone dealing with Capital One, please note they had offerd me £312 three times before this - and had told me they would not increase their offer on each occasion.

 

thank you to everyone for your help and support

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Well done. . .Congratulations

 

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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Congratulations, well done!

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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