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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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Mr Rhodes -v- HSBC plc


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i understand - if he can't identify which charges have been refunded - then it seems logical to include all charges and then subtract the amount refunded at the bottom and claim what's left - i think it looks very logical - as long as you show them exactly what you are doing and why.

 

just include all charges and then at the bottom - put a sentence like -

on xx/xx/xx, £xxx in charges were refunded to me. due to the lack of clarity in your correspondence as to which charges were returned to me - i include all charges and deduct the amount already refunded - leaving a balance of xxx in charges which i am now claiming.

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w-noujd

 

i just broke my computer!

 

hope not -

 

i meant HUMOURLESS , er no, that's HUMOURESS or in american it's humerous.

i've been taking lessons at the auburn g.e. school of typing.

 

going for my next qualification later!

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aaah, now - you've touched on an important point.

 

you may not just add those interest debits (overdraft interest) charges on to your list without some backup. as you can only claim the portion of the interest that relates to your charges..... you must use the advanced spreadsheet in the library templates to calculate which portion, if any, of each charge you can claim. so, you have to enter all the charges on the advanced spreadsheet oldest charges first working to newest and - first on the charges and interest tab - this will give you a total of the charges and the overdraft interest which applies to them. then you re-do the spreadsheet on the 8% interest tab. this will give you the amount of interest which you will be able to claim - but not until the claim filing stage.

so, do the advanced spreadsheet now - see if the o/d interest is worth adding on. and you will be ahead of the game as you will also have done the 8% interest which you will be adding at the filing stage.

if you don't understand what i've just said - then it would be best to not bother with the overdraft interest at all rather than to do it incorrectly and then have the bank/solicitors throw it back at you later.

get back if you need help with this.

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if you've used the advanced s preadsheet then fine - claim charges and the 122 in overdraft interest - you are way ahead of me. i just didn't want you to just plonk them on there in total which would be totally incorrect and believe me - many, many people have done this, which is why i go on and on about it. if you've done the advanced and that's worked it out - then fine!!!! job done!

 

use the spreadsheet for your breakddown to go with your letter - just cover over or fold back the 8% interest column til you need it later when you are doing a court claim

 

also, recorded delivery is fine (and cheaper than special delivery) you can track the delivery on-line. use it for everything you send to the bank and later to the solicitor and the court

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i doubt if it will help anyone else - you seem to have grasped it admirably.

100% correct. i don't understand the formula and i got my son his overdraft interest back - i think you need to be aware that they may question it - but honestly - with what you've written above - you go to the head of the class - you've got it.

read the o/d interest blurb on this: Charges description on statements - Please Read and i normally tell people - if you understand that paragraph then go ahead and claim - if not - probably best to leave it - but you've understood - so go with it.

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there's lots written about it on the lloyds thread - basically it was a harsh decision on the day and as a result - now we ask for t & c in the prelim and in the lba and if they don't send them - we include them in with the court bundle (should it get that far) we now tell anyone going to court - have t & c's with you. bank didn't show and apparently kevin - the guy involved was well up for it - it just turned on him not being able to produce the t & c's i think. you can read all about it on lloyds thread.

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