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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.
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      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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Stevegrray1978 v MBNA - **WON**


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I was directed to this site a couple of days ago ater geting my e-mail newsletter from moneysavingexpert.com. I had an account with MBNA as a student, which I opened in 1999 (they kept sending me letters, I was skint, so eventually signed the form and got a credit card).

 

They gave me a £1500 limit(!) even though my only income was my grant and student loan (about £4000 combined).

 

Anyway, I have all my statements and have totted up what they charged me after it all went wrong...! I think it was inevitable it would go wrong...?!?! I'm using your letter and asking for £912 back.

 

Thankyou for all the free advice. I hope I'm using it right and if anybody thinks otherwise, plese let me know!

 

5% is owed if I get me money back. Do I have to sign for that?!! :rolleyes:

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Good luck! Keep us posted.

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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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Just an update on this claim; and a bit of advice, please...

 

'I' have had a reply from MBNA, saying they have recived my 'complaint' (it wasn't a 'complaint': it was the prelim letter claim) and they would investigate and get back to me in 28 days. Their advice was to call Gareth Tunnicliffe on 01244 672628.

 

Having read the forum, this sounds like a pretty standard responce from MBNA, however, they sent the letter to my Mum and Dad's house (where the account was registered from originally...!) My old man called me tonight telling me I had a letter fom MBNA (he knows the grief they used to give me) and I asked him to read it and he told me the contents of the letter...

 

I think MBNA taking the p*** and tring to confuse things by deliberatly sending mail to an old account address? I clearly gave them my new contact details in the prelim letter.

 

I intend to continue with my claim timetable: LBA on Friday next week, but will the address mix up hinder matters? If so, please could anybody suggest what I should do (if anything)??!!

 

Thanks in advance, Steve.

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  • 3 weeks later...

Just to let you know, MBNA have settled in full (and a bit more)! Just have to write to them accepting the offer and droping the claim. Can't quite belive it!! Thankyou for all the advice which people have posted on this site to enable me to get this money back: you're all brilliant!

Fifty quid donation on its way when the cheque arrives. I'm off to book me summer hols now...:)

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Congratulations!!

 

That is great news - please complete our bank charges survey.

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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Does this sound like an ok reply? Again, thanks in advance: I am so happy at mo!!

 

RE: Final Settlement Offer a/c no. XXXXXX

Dear Sir

Having spoken to your office today, I am writing to accept your offer of £XXXX in full and final settlement of my claim against MBNA EBL for charges levied on my account.

In accepting this offer, which your office made to me today, I undertake not to pursue MBNA EBL to a court claim once the funds have been returned to me.

Yours truly

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  • 2 weeks later...

CONGRATULATIONS - how dod they offer you full refund - I too got the standard 28 day letter you received - then I sent the LBA earlier this week.

 

Did they phone you after you sent the LBA or write to you withthe offer.

 

Yes I think the letter above sounds fine in accepting their offer.

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Hi joload,

 

I sent the LBA, then about a week in I gave the customer advocates office a ring (just on the off chance I could get it sorted before money claim). Spoke to a bloke there, he said they didn't want to go go court, i agreed. They had all the info they needed and would I be prepared to sort it out over the phone? I said yes, and half an hour later they called me back making a full offer plus some (don't know where the extra bit came from but I accepted.!)

Just had to write a letter saying I would drop the claim.

Maybe worth giving them a call? Worked for me when the Money Claim deadline was looming for them...

Good luck: let us know how you get on.

Steve.

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Do you think it's worth speaking to this guy about a few recent charges (about £200 worth) - I intedn to pursue the whole amount later, but they reduced my limit down to £300 after I paid a massive amount off (the balance was at £300) and then the interest took it over its limit, followed by a late charge........

 

I'd like to get the overlimit amount cleared asap and worry about the rest of the charges after.

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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From my point of view he was a very reasonable guy (the customer advocates office generally seem to be more accomadating than other parts of MBNA). As your account is still active I guess it would be easier to get the information they need to look into your case (I had to wait until they could get the information on my account as it was closed and went back to 1999).

I would say it's worth having a go - nothing to loose as you'll be claiming anyway...

Have to say, I think It's shocking they way they operated your account: reducing the limit then taking you back over it with interest charges! Really underhand behaviour; I'd point that out if you do decide to call them.

Good luck. Let us know how you get on with them.

Steve

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