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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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capitalising on capital one


sowerby17
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here goes sent cap one sar and the next day sent to them asking for £900 of charges to be refunded.i knew this as they told me on the phone how much charges were. Anyway got an offer off them for £380 on wed this week the next day my statements came and i went for the cci and it toatlled £2668approx.What a difference. But i am not sure about the interest rate as my statement said 1.08% which i believe works out to be 13.0%.I have charged them 27%. Any advice?Notsent LBA yet.

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will do but not sure if it is necessary as i have since read that you can only claim cci from the outset of the claim. I had originally read that it was to be claimed at the lba stage.Waiting on advice about this.

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Well cap one certainly have not put any money in my account as part payment. I have not signed anything to say i have accepted anypayment , just most people seem to have had theirs credited. Well sending lba tommorrow. Never got it done today.

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  • 3 weeks later...

Just the poc as i was not sure of the interest I did 30% which is 4% less than on thier website at the minute,

however since then i have found that mine is 12.9%. I presume cap one will just pay out that rate when they pay up.?

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well got letter from court today saying the defendant filed an acknowledgement of service on 28th June.

The defendant responded to the claim indicating an intention to defend all the claim.

 

 

What next?

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You are a godsend painty as no one been replying to my posts.:mad:

Any how what do you reckon about the interest rate a few have only been getting purchase interst or 8%.

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it would be so good if someone anyone ever replied to my posts or gave me advice i always seem to have to ask.Others do not seem to have this problem why is this?

I got my letter from caap1 this morning sayin they refunded my charges of £1112 and court fee of £120 and they said I calculated the interest wrong they say it is £423.63 of purchase interest. They said that it means i have had 0% interest on all purchases for the length of my account .They have also refunded £204.63 for the 8% interest I am entitled to claim under section 69 of the county courts act.

I claimed £1808.41. My claim went back more than 6 years and i charged them 30% but apparently my purchase interest rate is 14.5% even so it is no where near the claim.Think i am going to continue butnot sure about the rate of interest.

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Well i know everyone says to keep claim whole but am temted to take partial and fight for the rest as we can all prove on here they pick and choose who they pay what to. I rang them and they said send a letter in contesting the interest.

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