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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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Steven4064 v Goldfish *** WON ***


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Hi HIUTH

 

I'm sure this apporach would help - reclaim charges from Goldfish and make Cabot prove they have the right to collect the debt from you.

  • Haha 1

 

 

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Congratulations Steven4064. I have been following your thread as I am attempting to get my charges back from G E Money. I am now at the stage of filling in a N I. I am in need of advise regarding the schedule of charges. I understand the principle of compound interest which G E Money use. My query is: I have calculated the total they owe as follows:

Stage 1 Charge (15 pounds )x rate of compound interest x number of days = xx

Stage 2 xx plus charge x rate of CI x no. of days

this continues upto last date you are claiming for

 

The accumulated total is then the amount you chase them for.

 

Can you also add the 8% or are you barred as this is compound interest?

 

My other question. Does this come under the terms of 'restitution.

 

Regards

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THomas

 

The formula for compound interest is

 

charge * (1+ daily rate of interest)^no of days - charge

 

If you are using this as an estimate of the interest they charged you on the charges, then you can add 8% simple interest on top when you claim in court.

 

If you use the advanced spreadsheet in the templates library, it calculates it for you.

 

 

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  • 3 weeks later...

Steven im in the process of helping my OH claim back her charges from Cap one, would appreciate some advise:

 

http://www.consumeractiongroup.co.uk/forum/capital-one/154181-hadituptohere-oh-capital-one.html#post1641366

 

Thanks Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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  • 2 months later...

hiya steven4064

 

just seen this and belated congrats, i loved your own spreadsheet, it was so easy - fab will click on your scales on that

 

also - will try and follow your lead learned so much today my brain is hurting lol

 

will be back to ask more questions when i need to and thanks for showing others how it can be done so positively.

 

ciao laters maz

 

ps sorry its telling me i cant give rep to the post>> ? how odd, anyway thanks, maz

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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