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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
      • 160 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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Alex the Lad v. Cap1 ***WON***


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Please dont post commercial links.

Vamps spreadsheets have been widely used and are tried and tested.

I would recheck your figures with that one.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi Martin. Sorry for the link - I didn't quite realise it was a commercial one. I've used the Vampress spreadsheet and the figures look fine.

:) Captial One - Won!

:) Egg Card - Won!

:confused: Abbey National - Stayed pending Test Case Judgement

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  • 2 weeks later...

Got a response to my Preliminary Letter from Cap1 - which was polite (very weird!). I'm claim back about £700 in charges plus about £1800 in CCI. They've offered me £300 which is supposed to be the difference in charges leived and £12. That figure also includes £20 as an 'acknowledgement of interest'.

 

As it's exactly 2 wks since I sent my Preliminary letter - I'm gonna send a combined rejection (accepting it as partial settlement only) and LBA letter. Just one question - in the spreadsheet I send them with the rejection/LBA should I subtract the £300 or shall I leave the amount whole and deduct the amount at the N1 stage?

:) Captial One - Won!

:) Egg Card - Won!

:confused: Abbey National - Stayed pending Test Case Judgement

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hi alex,

 

things seem to be going well for you...i'm busy doing both my prelims after a bit of a delay..........so i should be a couple of weeks behind you

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Hi Charley!

 

Yeah this one seems to be going according to the script! I'm really just looking at this claim to settle my debt with Cap1.

 

I'm just gutted about my £5k Abbey claim - my N1 for that was deemed served on 30th July and I think the best case scenario for that is that I actually have to go to court and the worst being a stay! Still like I said somewhere else - at least my interest on that one will go up 300 quid a year!

 

Wishing you all the best with your Cap1 claims - let us know how things are going.

 

All the best,

 

Alex

:) Captial One - Won!

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:confused: Abbey National - Stayed pending Test Case Judgement

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Hi - just wondered if anyone could help me on this query. I've just spoken to my local County Court who confirmed that they will be staying my Abbey National claim once Abbey has filed a defence (in common with all bank claims at my court from now on). Basically I'm a week away from filing a claim against Cap1 and according to the lady I spoke to at the court it's likely that will get stayed too.

 

I just need to clarify - are credit card claims supposed to be going on as normal? If my claim is stayed - do I use the application for removal of stay template (although, of course, my application will most likely be for a set aside of stay)? If so is there a modified version anywhere to tell the court the test case doesn't include credit card claims? Also is there anything I can put in my N1 - particulars of claim to remind the judge that this is different from a bank claim?

 

Thanks in advance.

:) Captial One - Won!

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:confused: Abbey National - Stayed pending Test Case Judgement

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Hi Alex

 

The Credit Card claims are still on, as they are under different terms. If you make it clear in your POC when you file your N1 that this is a credit card here, and not bank charges.

 

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Good luck Alex. . although you won't need it

 

Uk

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  • 3 weeks later...

Having filed my N1 just over 2 weeks ago - the court has finally got around to serving it. So now CAP1 have until early October to acknowledge service (so I guess I'm about 3 weeks or so from a resolution to this).

 

I just got one question. Basically my account is with Debitas and I've been paying them around £50 a month regularly. My next payment is due next week. Do I carry on paying them or would I be within my right to stop paying them on the basis that the account is in dispute and is now at court stage?

 

Anyt help would be valued as always.

:) Captial One - Won!

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:confused: Abbey National - Stayed pending Test Case Judgement

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Hi all! Just heard from Court and Cap1 acknowledged service and gave notice of their intention to defend within 2 days of the claim being served by the court.

 

No sure if this is a good thing or bad thing - or maybe just a thing!

:) Captial One - Won!

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:confused: Abbey National - Stayed pending Test Case Judgement

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Just check your account online now. You should get a refund shortly. Been this way for some time now.

 

Uk

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Okay guys starting to get a bit worried. It's been a week and a half since Cap1 acknowledged service of my claim (with 2 days of it being deemed served by the Court!). I've not heard anything from Cap1, but I had a call yesterday from Debitas - trying to get me to increase the monthly amount I'm paying back (naturally I told them to go whistle...)

 

Not really sure what to do next. Should I just wait until thew 28 days are up for Cap1 to file a service?

 

As always any advice would be valued.

:) Captial One - Won!

:) Egg Card - Won!

:confused: Abbey National - Stayed pending Test Case Judgement

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Hey! Thanks for the reply Steven - hope you're well.

 

I presume the 2 days was a typo

 

- Basically the court deamed my claim served on 17th Sept, then I got a letter from the court dated 21st Sept saying that Cap1 had acknowledged service on 19th September.

 

Basically I guess what I was asking in my last post is do Cap1 ever file a defence and does the matter ever go to a court date with out a second offer?

:) Captial One - Won!

:) Egg Card - Won!

:confused: Abbey National - Stayed pending Test Case Judgement

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I have'nt seen a defence filed by them yet. Check your account online from now on. We have seen refunds paid back into accounts long before the letter arrives.

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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  • 2 weeks later...

FINALLY!!! CAP1 ARE OUT OF MY LIFE!!! Got a letter today offering a settlement - Charges + 8% interest + purchase interest on charges instead of the CCI claimed. The offer is about £600 less then my claim, but I'm gonna accept cos when I first started claiming against Cap1 the most I wanted was to have Cap1 and Debitas out of my life and a couple of hundred quid on top will do me just fine!!!

 

Thanks to all you guys for all the help - a donation will be on it's way just as soon as the cheques clears!!!

 

If anyone is battling on with Cap1 do keep going 'cos you will get there - if I can anyone can!!

 

P.S. Please could you change my title to 'Won'!

:) Captial One - Won!

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:confused: Abbey National - Stayed pending Test Case Judgement

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Thanks guys! I really couldn't have done it without the help of this forum! Their settlement means I have cleared £1,000 pounds worth of debt - which actually feels really good.

 

I used a POC that I cobbled together from two or three from this site. I don't think I'm allowed to post it in an open forum like this, but if you send me your e-mail address in a private message then I'll gladly send you mine, although once you have it is still worth looking at a few other around this site.

:) Captial One - Won!

:) Egg Card - Won!

:confused: Abbey National - Stayed pending Test Case Judgement

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Well done Alex, great news . .

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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