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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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Eon Vs Llyods TSB


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Hi

 

I am ready to send my Preliminary approach for repayment letter but I was wondering do I HAVE to work out the interest accrued from the charges taken?

 

The reason I ask is that is seems very complicated working out the interest for every month etc, so can I not just work out a final amount of charges then just use 8% on top of the final amount when it reaches the court?

 

Thanks in advance

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Yeah I realise the 8% isnt included until court proceedings, I was just asking do I need to include the other interest on the penalty charges, you know the interest worked out on the complicated spreadsheet...

 

Thanks

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You dont have to, like i didnt as it would have only been a small amount. If you were overdrawn a lot due to bank charges then you may have been charged a lot of interest on the charges and should at least take a look

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Thanks Champnos...Ok I posted this on the 12th with no initial interest added. How long have people been waiting to get a reply roughly? Ive not heard anything yet and was wondering if I should have sent recorded delivery...:s

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Ok no problem, I sent the prelim letter here, that correct?

 

Customer Care

Lloyds TSB

125 Colmore Row

Birmingham

B3 3SF

 

I was thinking of sending again recorded as whats to say they havent received it, any need?

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Right, Im guessing they have received my prelim letter now because I got an answerphone message this morning from Lloyds asking if I could call them back.

 

I havent received the first standard letter stating they wont pay, what should I do? It doesnt give this example in the step-by-step guide and I dont want to say anything I shouldnt on the phone :s

 

Thanks

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I wouldn't bother phoning them, it's not worth getting into any sort of dispute over the phone. The bank are well aware of the process and the letter you sent them outlined your intentions. If the 14 days have passed since sending your preliminary letter then you should now proceed with the next stage and send your LBA.

If my advice has helped please click my scales

 

Should you require any further help feel free to pm me.

Nat West 2nd Acc

Prelim letter sent 8th Feb '07

:) Full Settlement Offer 24th Feb '07:)

:pMONEY BACK IN ACC ON MARCH THE FIRST '07:p

 

 

Nat West 1st Acc

Filed at court 2nd of Feb '07

Acknowledged on 15th of Feb '07

:rolleyes: Defence submitted 1st March 2007 :rolleyes:

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I tell you what is strange, the fact that the number left by the individual was in fact a mobile number :s

 

I might call today to see wht the deal is...but I cant get over the fact that a representative from Lloyds would call leaving a mobile number :s

 

And it seems coincidental that I would receive a call not 8 days after my initial prelim letter...

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Interesting, gave them a call and funnily enough it was for an account review to discuss lowering my interest etc on my overdraft...ha

 

Told them that I was in the process of claiming back my charges and would be willing to meet after that had been finalised. Apparently she was unaware of this even though this was the first time Ive been contacted for a review for like 15 years or so, ha.

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  • 1 month later...

Sent my LBA letter on the 19th July and received no reply, times up.

 

However with the OFT test case I was wondering. Is it worth paying £50 and issuing a court claim when inevitably it will stuck in the system until the case is up, at which time I could just 'ask' for it back and save the £50?

 

Do I really have a chance of it not being stayed?

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Do I really have a chance of it not being stayed?

 

Of course you do - it is not up to the FSA, the OFT, the banks or anyone else wether a case is stayed or not - it is entirely up to the judge. Also best to continue with your claim as normal right now to avoid any limitations problems later on.

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