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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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maddie v alliance leic.


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i have just worked outmy bank charges £1,043.00 WITH OUT INTEREST. with interest £1.391.58. I HAVE DONE THE BANK CHARGES SCHEDULE WITH THE INTEREST. Do i know send it with the interest as the schedule calculates the interest.

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i have recalculated my charges,alot more than i have asked for. without interest £1,043.00 WITH £1,391.58 the schedule sheet has all the interest added on. so what amount do i ask for.? AS I HAVE ALREADY SENT ALLIANCE A LETTER ASKING FOR ONLY £648.55 with interest. what should i do know?

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when you send the LBA send them the updated schedule of charges and interest and make sure that you draw their attention to this fact in the letter and make sure the schedule includes this.

I added charges after the prelim which I had initially missed and had no problems. Just add into it something along the lines of 'herewith an updated schedule of charges which includes charges not previously included'

That should do the trick

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AT THE MOMENT I HAVE ONLY SENT THE LETTER ASKING FOR MY BANK CHARGES. and not had a reply yet. only sent it last week,do i send another LBA OR JUST SEND LETTER WITH UPDATED CHARGES explaining. do i give them another 14 days to reply from the time i send new letter?thanks one thick person.;)

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  • 2 weeks later...

i have just recieved a offer from alliance & Leic. £246 in full and final settlement they r giving me till 7 th june to exept. must be joking;) my bank charges came to £1.043.00 with interest £1.391.58. so tonight i will have to get to grips with the next stage, is there anyone else at this stage? Would like to hear from anyone.

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can any one help.? i sent my letter before action on 3.5.2007 got a reply offering me a refund of only£246. WITHOUT INTEREST they owe me £1.043.00 Do i wait the full 14days before next step, which i believe is court action i just cant get my head round this part, can any one help.:(

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i do not know which template to use on declining there offer, that is alliance leic. theyhave not sent me a cheque, or put the money in my account.in part of the letter it says, We believe that all our charges have been applied in accordance with the terms & conditions of your account, of which you have been given a copy.However, having reviewed the particular circumstances of your case and taking into account the ongoing OFT review, in order to resolve this matter we are prepared to refund the sum of £246 in full and final settlement. they owe me £1.043.00 with out interest or £1.391.00 with interest, which amount do i claim for.:?

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Alliance leic. offered me £246 in full and final settlement of my claim for £1.391.58P Most of the templates say they have either been paid into there account or received a cheque they have only offered me this. which template do i use on response to settlement. also this amount i am claiming is with interest would this be right, or do i claim without interest.:evil:

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im claiming with interest, just checked online court claim and it looks like they are going to pay the full amount, i rejected their first offer and told them i wouldnt be blackmailed into accepting it for them to keep my bank account open, i told them i would report them to the financial ombudsman if they close it and so far they havent

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

 

The guide at the top shows what letter to send depending upon what stage your claim is at.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Guest ChloeJane

Hi there,

 

If you are the stage before court - then you only claim your charges without the interest.

 

If you are at the stage of already having filed - then you add the 8% and daily rate which is the second figure you gave.

 

If the rejection offer has come prior to filing the link that Jonni gave will make it clear at the top of each template letter, just adapt it - i.e if you have not had a cheque or money in your back and only a letter.

 

Obviously what they have offered, if it is prior to starting court action you can accept as part settlement as one of the templates shows.

 

If you are at court stage and have filed - you would reject the letter in full and return any cheque or rightfully ask them to remove the money from your account.

 

Any problems with a template or if you are not sure, post back.

 

CJ

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can any one help me:mad: i am claiming on line. i am not sure of the date money became owed to me ,is this the date when i first asked for my money back:confused: also it says daily rate of interest. what amount do i put. i am claiming £1,043.00 without interest or £1.391.58

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I am not sure what you mean re dates. Could you clarify or expand your question.

 

This might help re your interest question...........

 

This daily rate of interest is calculated by multiplying the total value of the claim (charges plus overdraft interest, if claimed) by 0.00022

For example,

£1,429 in charges

£27.40 in overdraft interest

Total £1,456.40

1466.58 x 0.00022 = 0.32 - This would therefor be £0.32p on a daily basis.

Please ensure you do your own calculation based on your totals

 

 

A link here.............

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

 

This is the way I filled in my MCOL...............it was from this thread

http://www.consumeractiongroup.co.uk/forum/alliance-leicester/47334-shazza-l.html

1. The Claimant has an account xxxxxxxxx

with the Defendant opened xxxxxxxxxxx.

2.Since xxxxxxxxxxx the Defendant debited

charges in respect of purported breaches of

contract by the Claimant. 3.A list of the

charges has been sent to the Defendant.

Another copy will be sent. 4.Claimant

contends a.The charges are punitive in

nature and exceed any alleged actual loss

to the Defendant, b.The contractual

provision that permits the Defendant to

levy such charges is unenforceable by

virtue of the Unfair Contract Terms in

Consumer Contracts Regulations 1999, the

Unfair Contract Terms Act 1977 and the

common law. 5.The Claimant claims a.The

return of the amounts debited of £xxxxx,

b.Court costs,c.Interest per S.69 County

Courts Act 1984 of 8% - £xxxxx continuing at

8% until judgment or settlement at a daily

rate of £xxxx; 6.Alternatively, if the

charges are a fee for a service, then they

must be reasonable under S.15 of the Supply

of Goods and Services Act 1982.

 

All the best on your claim..............ps - im at total learner

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I need help as i am rather thick. i am filling out mcol. i am stuck:confused: it says a. RETURN OF THE AMOUNTS DEBITED of £1,043.00; this is my amount. b. Interest per s.69 COUNTY COURTS ACT 1984 OF 8% £1.391.58 CONTINUING AT 8% UNTILL JUDGMENT OR SETTLEMENT AT A DAILY RATE OF £0.xx;6. CAN ANYONE WORK THIS OUT FOR ME. PLEEEEEEEEEEAAAAAAASSSSSEEEE:)

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Hi, please double check this..............

 

Your total claim is £1,391.58

The daily interest is x 0.00022

------------

= 0.3061476

 

Round it down to an even penny (30) or put in 0.3061476.

 

I calculated this 4 times so I believe it is correct. You could google "online calculator" and i'm sure one will come up.

 

Willam.

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The daily rate is calculated on just your charges (+overdraft interest if claimed). It excludes s69 8% interest

 

a. RETURN OF THE AMOUNTS DEBITED of £1,043.00; this is my amount. b. Interest per s.69 COUNTY COURTS ACT 1984 OF 8% £348.58 CONTINUING AT 8% UNTILL JUDGMENT OR SETTLEMENT AT A DAILY RATE OF £0.23p

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  • 2 weeks later...
alliance have been served with county court claim, received a letter back saying they intend to defend claim, they have however sent me a cheque today for £366.50 my claim was for £982.00 with interest , i would be claiming£1,3055.19. what is my next step can any one help me.:confused:

 

Hi I have merged 9 threads for this claim please stick to this one.

 

Ok this link here will help, you need to continue for the balance including the interest as you have filed the claim at court.

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

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