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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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.
      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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partial payment to satisfy default - Can i still claim charges refund?


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Hi, Sorry if this has been answered before but I have searched and couldn't find anything. My question is:

 

I had a credit card account with Bank of Scotland a couple of years ago and after falling behind with payments the account balance spiralled with the charges and was eventually passed to a debt collection agency.

 

After a couple of months making small payments to the debt agency, they called and said if I settled 'today' they could accept a lower settlement amount of £1000 (the full balance was nearly £1500 at the time). I managed to get £1000 and pay the debt off in full.

 

I know that a great deal of thedebt was made up from unfair charges, but I want to know if I can still clim for them even though the account was only partially paid off. My Experian report shows the account as defaulted and current status as satisfied.

 

I would like to reclaim any charges and also get them to remove the adverse default.

 

Please can anyone advise where I stand with making a claim for the charges and/or removal of default.

 

Thanks

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Hi rockinrodders,

 

I am not sure about BoS, however I have the exact same situation with Egg.

With Egg I defaulted, my account was passed to debt agency, made token payments until I had enough funds to settle and when I tried to do so they accepted a smaller payment.

I have been offered a full refund by Egg however I rejected, as I also want the default removed.

So my advise is to go for it. At least find out how much they charged you.

Are you also looking at getting the default removed???

 

hope this helps,

 

hondamad

__________________

EGG CC Default Removal: Have reported Egg to Trading Standards, Summery Claim - 2nd Hearing Date 09/10/07. Click here to read posts

Monument CC: received statements, now need to send letters. . . !

BoS Current Account: Settled

Citi Cards: Hhmm seems like I have sued the wrong “entity”. Aaaaahhhhh . . .. oh well back to court I go, and they have settled in full!!!

 

:-D:p:D

This is just advice from me. If you are not sure please seek legal advice. However if what I have said has been helpful, than please add to my reputation by clicking on the scales :D

 

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Thanks for the quick reply.

 

I want to get the default removed, thats probably more important to me than the money. I've heard that they may insist on offsetting any reclaimed charges from the 'unpaid balance' even though it was a 'full and final settlement' that I made to them originally. It was a while ago so don't have the paperwork to prove though.

 

The original card limit was only £1000 and it increased to over £1500 due to the charges. I must have paid around another £500-700 as well so maybe there is quite a lot to be reclaimed. I'll send off the first letter and see what comes back.

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  • 3 weeks later...

Hi Rockinrodders

 

I'm in a similar situation to yourself only my case is with MBNA - I am waiting on gettin a list of charges then hopin that they add to the amount of the default, so that I can get it removed

also

Have just spent an hour reading another post if you type "default hell" in the search forum u'll find it and it gives templates of letters for you to write to have a default removed without the SAR request

 

Its very in depth - I was going to send of one such letter today to ask that they remove the default but as MBNA have only 10 days left to respond to my sar I thought I'd sit it out and go for the default removal based on unfair penalty charges

 

anyway just reading that thread default hell - will cheer you up no end as there are many experianced posters on there offering advise

 

Good luck :)

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