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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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thetenter v Cap 1***WON***


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Ha! Got it to work that time.

 

Sorry, I've got CAG fever and lost the plot!!!!!

Thats ok,I've been on and off this site constantly for the last 30 hrs :eek::D

Who needs sleep when there's money to trawl back.........

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Dear Sir or Madam,

 

Re. Account number: XXX XXXX XXXX XXXX

I refer to default charges applied to my account amounting to £xxx, which I have requested you pay back.

I wrote to you on 05 April 2007, making the original request for a payment in settlement of my claim. As I have not received a satisfactory response, I am writing to inform you I intend to claim the full amount claimed together with interest up to the date of judgment and court fees in the proceedings through the county court.

I have been investigating this matter further and I calculate that you have taken £xxx plus £xxx which you have charged me in contractual interest at the rate of 34.9% (compounded daily) for the sum which you have taken. Total £xxx

I am enclosing a copy of the revised schedule of the charges which I am claiming.

This is based on the Unfair Terms in Consumer Contracts Regulations, as I believe these default charges are unfair and not proportionate to your costs, and therefore Bristol county court will rule in my favour.

I have attached a full amended schedule of the charges with this document.

Furthermore I also request the complete removal of any defaults applied to this account due to these unfair charges.

I look forward for a full response to this letter within 14 days, otherwise I will commence court proceedings to reclaim my money.

 

Yours faithfully,

 

 

How's that?

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In my letter I gave them a date on which I would commence Court proceedings, to show that I meant business.

 

Sorry, I forget to mention this last night ...

Thats ok,I've dated the letter in the header with my address :)

 

Off to the P.O. now,,,,

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  • 3 weeks later...

Hi doo,yeah I went for contractual,however I was a tad hasty with the no reply lol.Got two letters today,one saying it will take upto 4 weeks to investigate and another saying they had refunded the difference between the £20 charge and the £12 they now charge.

Its a bad time for it to come as they should really receive my rejection letter and request for the refund being removed before I file at court I guess.

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I would not worry about them receiving your letter, any reply they send you can take up to 10 days after the date on the letter. Are they crediting your account with the amount offered? If so does it fall short of your charges?

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Yes crediting with the standard "difference" so well short of actual charges and claim.

I'll just go ahead and file on Tuesday but sent them a rejection letter with the "please remove from my account" paragraph on Monday by recorded delivery.

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OK, that's good, they will probably ignore your instruction to remove the funds from the account, am still having this problem myself, maybe add a bit in the letter to ask for full payment to be paid by cheque.

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Looks like I managed to fit it onto MCOL.On 5(a) I changed it slightly to this and stayed under the allowed characters -

(a) return of the amounts debited of

£xxx.xx including contractual interest at

34.9% increasing by £0.xx per day

Does that look ok,will be filing tomorrow.

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Your contractual interest you are claiming is it compounded, if it is perhaps put 'including contractual interest (compounded). Also about the daily rate can you fit more on, if you can then perhaps you could put 'The Claimant further claims interest at the same rate up to the date of judgement or earlier payment at a daily rate of xxx per day.

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Sending this letter tomorrow when I finally get round to filing my claim.Going N1 route.

 

 

Thank you for your letters dated 10th May 2007.With regard to the refund of £xxx

after reviewing my account you are aware that I have a limit of £200 but you seem to be unaware

that my balance would only be £xx.xx after my latest payment,therefore it is not possible to credit my account with the said sum.

As such I regret to inform you that I am declining your “goodwill offer” and hereby authorise you to

remove any refunds placed on my account.

 

 

As this matter has not been settled I have now filed at Bristol County Court for the the refund of the

sum of £xxx plus contractual interest at 34.9% £xxx.xx accruing daily at £0.xx plus court fee £80.

Total claim £xxx.xx

Please find enclosed an updated copy of the charges.

 

 

In order to avoid litigation against you (and waste of valuable Court time)I am prepared to allow you a further10 days to refund the above amount without accruing further interest,however failure to do so

will result in my claim and subsequent County Court action continuing.

 

 

If you do not accept my conditions for acceptance or fail to respond within 10 days the money

transferred to my account should not be viewed as my acceptance and as stated above you are authorised to remove any sums placed on my account. For the avoidance of doubt,I wish to stress

that I do not accept your offer as stated in your letter.

 

 

I trust this clarifies my position.

 

 

Your faithfully

Comments??

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Sending this letter tomorrow when I finally get round to filing my claim.Going N1 route.

 

 

Thank you for your letters dated 10th May 2007. As such I write to inform you that I am declining your “goodwill offer” and hereby request that you

remove any refunds placed in my account.

 

As this matter has not been settled I have now filed at Bristol County Court for the the refund of the

sum of £xxx plus contractual interest at 34.9% £xxx.xx (compounded and accruing daily at £0.xx) plus court fee of £80.

Total claim £xxx.xx

I enclose an updated copy of the schedule of charges.

 

I trust this clarifies my position.

 

 

Your faithfully

 

 

Comments??

 

 

Hi Enter

I've made changes to your letter and basically would reduce it to a very short and business statement of intent. You have given them every opportunity to settle, they have not, you refuse their settlement and have filed in Court. They will receive a letter from Bristol Court v soon and know that you mean business. I asked for my CCA as well (letter in Templates Section) to strengthen my claim in court. It worked, they ddin't end up filing a defence. I got my money.

 

HTH Painty :)

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Thanks for the input Paintball :)

I did like the bit about reviewing my account,they offered to refund almost £140 into an account that owes less that £40 :D

 

 

I know ducky :wink: but my CAG buddy says "Keep it short and to the point without any extraneous detail" we also need to be careful when using particular words, like "return" instead of "refund" as one has more significance over the other in legal terms.

 

Input anyone else? Aviator where are you? ...

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