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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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New Cap 1 claim - advice re charge amount???


sozzer1982
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Hello all,

 

I have just been looking over my statements for my capital one credit card which is currently an active account.

I have a quite a few charges for £12 for late payments and overlimit fees etc.

My first question is am I right in thinking that you cannot claim back charges of £12.00 as this has been deemed an acceptable amount for capital one to charge by the OFT???????

 

As I looked further into my statements there are some charges for £20.00, obviously before they changed the amount............ can I request that these charges are refunded??? It would be a very small claim as there are not many £20 charges but every penny counts doesnt it??

 

Could someone advise as to whether I am entitled to ask for the £12 charges back in addition to the £20 ones or just the £20 charges??

 

Thanks in advance

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Hi Sozzer

 

The £12 charge mentioned by the OFT is still too high a charge. The law states that you can only recoup the actual cost of someones breach. You have to ask for it all back, £20 for late payment fees, overlimit fees. The banks or card companies will not reveal the true costs to them so we have to claim it all.

 

Uk

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Thanks Uk. Advice appreciated.

I am going to send off my letter today and see what response they give! I'm guessing that it will be...........we'll give you the difference - £12.00 is a fair charge blah blah blah!

 

I'm not going down without a fight!!!!! Will let you know how I get on!

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they will at some stage refer to £12 and offer you the difference between that and £20. Dont listen, dont accept. Claim for all the charges ie £20 and £12 and the interest on those amounts at the rate of interest they have charged you. Make sure you put all those in LBA when you get your first 'normal' rejection. They may also offer you fraction of what you are claiming. Ignore and tell them the full amount you are claiming using Vampiress's spreadsheets. At the end of the day, possibly four months from now you will get all your charges back plus the interest

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