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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
      • 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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Capital One Troubles!


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Hello Advent

I think you should pursue your claim, rejecting thier offer and telling them to remove the amount from your closed account and including this in a Letter Before Action, the action being court claim and please DO NOT use MCOL but N1 instead. If you have received your statements you should be able to work out how much interest was applied to each charge and you can include this in your claim. You should also ask for the default and all adverse market data to be removed from your credit file in this letter.

 

When you get to the N1 court stage, you will be claiming a) return of penalty charges (and interest charged on these charges be the defendant) and b) removal of default and all adverse marker data from your credit file processed by the defendant.

 

I hope this makes sense and helps. Shout if not ...:)

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Hi Advent, you have answered your own Q regarding the N1 route and here's a link to the important announcement recently made **urgent All Mcol Claims Automatically Stayed**

 

With regard to the interest charged, I looked at my statements for the months where charges had been applied and made a note of the purchase interest. I ended up with varying rates spread over a number of months (ie, 29.9%, 28.7% etc). I took the average of these and included it in my spreadsheet of charges. I used an interest calculator to work this out and will try and email this to you if I can if you PM me with your own email address.

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The account is closed with full and final settlement received by Cap One, the default is showing on your credit file, you want to claim back your charges and for Cap One to desist from processing or disclosing your personal data. Check out this thread for a successful similar case with Cap One Tanzarelli v Cap One... £ + default **WON**

 

We won't argue with the fact that the default is there, it is, but you want it removed from your personal credit file and this is a reasonable and achievable request. The Data Protection Act gives you the amunition for this and the means to achieve it are laid out in this thread Defaults - a proposed method for removal and the full template letter

 

I have used the above method for default removal with closed credit card a/cs for B/card and NatWest alongside money claims (N1s still in court) ...

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WOW!

 

I think I'll need to spend some time reading through all this. I had more or less given up with the idea but maybe not now!

 

Never give up, never say die!! :)

 

I've become a fiend for default removal after looking at my credit report and thinking, gosh what can I do about this and no wonder I can't get favourable rates on my mortgage!! I'm two defaults down and one to go with Capital Bank together with some late payment marker data with Cap One (8 entries). It's hard slog but worth it. :D

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Hi Paintball :-)

How do I work out the interest on each individual charge then? My interest rate is 21.04% (1.604% per month) according to the interest calculator that you sent, but I'm not sure how to go about working out the interest on each of my charges. Sorry if I'm being a bit thick!

 

I've sent you an email replying to this Q. Do you have a spready? I'll also email you a POC for your N1 which will include the default removal request.

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