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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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8% Interest


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Hi Terasa again,

 

I am about to start my Court Claim against the Abbey and I have not claimed interest on my penalty charges so should I claim the 8% interest at the Court stage. If so, does the 8% interest claim start at the date I sent my first letter, asking for it back.

 

They have already sent me a cheque for the grand sum of £20.00 and I am claiming back nearly £500.00 without interest and court fees!!! I did send the letter saying thank you but no thank you and that I would be continuing my claim.

 

Teresa.

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There are two kinds of interest to think about. Firstly there is the interest the bank may have charged you on the increased overdrawn balance if that applied to you. It is hard to calculate but the spreadsheets in Vampiresses chambers should help you.

The second kind is that allowed as part of the court process and this is the 8% you referred to. You can claim 8% on all of your claim from the date it was paid up to the date the claim is settled. Again the spreadsheets will show you how to do this.

Once you get going, if you need anymore help then post a specific question in the forum for your claim. Someone will come along with experience of that bank.

In the meantime I suggest you read, read and read again. Give yourself a few days to browse the site to get used to what is required. Make sure you read the guidance notes and the FAQ as these are the most informative.

The best advice I can give is make sure you are comfortable with what you are doing and research as much as possible.

Good luck

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