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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
      • 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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I Won, I Won-----cant Quite Believe It!!!!!!!


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Hi

This is my first post on this board so not sure if I am in the right place!! I have written to Capital One requesting all my statements dating back to when i got the card in 2002. I have totalled up my charges and they come to the grand total of £700!!! I cant believe it!!!

I am now going to write them a letter asking for the charges back-------thanks to all the advice on the Martin Lewis board and the helpful tips on here.

Please could someone advise me which letter I send to them---I have read the letters at the top of the page but not sure which is the correct one to send??

Thanks ----xx

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Hi

I have written out my preliminary letter for Capital One requesting my £700 in fees/charges to be returned. Could someone please advise of the address.I am not sure whether it is

 

Capital One

PO Box5283.

Nottingham

NG2 3YG

 

or if it is

 

Legal Compliance Specialist

Capt one

Trent House

Station Street

Nottingham

NG2 3HX

 

Thanks for any help

xx

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  • 2 weeks later...

Hi again everyone

Just to update you I sent off the Preliminary letter and I received a reply yesterday.

 

The letter reads pretty much the same as others on these boards----"Our fees are in line with other banks and finaancial institutions and as you are probably aware the Office of Fair Trading, OFT, are not challengining the right of banks etc etc etc "

 

It then finishes by saying

"Even though weve added them correctly I would like to help your by refunding fees weve added totalling £185.So that I can do them, please sign and return the settlement form Ive included with my letter".

 

I am claiming £700 fees back so I am obviously not going to accept this. I am correct in thinking that the next letter I write is the Letter before Action?

 

Thanks for everyones help

xx

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Hi

I was just wondering am I suppose to add interest on?I am just reading the letter before action and it does state that you add on interet for the overdraft.My fees(late payment and overlimit charges) total £700. I am not sure, if that is the case, how I work out the interest.

Thanks again

xx

 

 

 

Merged threads, please keep to the same one.

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  • 2 weeks later...

Hi again!!

 

Well this morning I have received a reply to my LBA-------this is how it reads:

 

Thank you for taking the time to write to our legal department about the fees we have added etc etc etc...................

 

Our fees are in line with other banks and inancial institutions and as you are probably aware the OFT are not challenging the right of banks to charge default fees, but merely the level of those charges.

etc etc

 

However, as a matter of goodwill, ive refunded two fees back to your account. Youll see a refund of £40 on your next statement etc etc

 

Please accept my apologies for any upset causted by our fees.

 

Yours sincerely

Robert Udy

 

Well----the first reply actually offered me £185 if i signed to say that would be the end of it.Now they have refunded £40!!!!

 

So now do I proceed with the next stage?

Thanks for any help

xx

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Hi John

Thanks------I am definately going to read everything in detail before I go ahead. The letter would have been received by them on Tuesday May 9th so the 14 days hasnt elapsed yet ---that will therefore give me plenty of time to read the ins and outs.

Thanks again for your help.

Can I post before I apply to the Court just to double check I am doing everything the correct way?

x

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Hi

I have been reading through the FAQ questions re making my claim through the Court. My 14 days are up next Tuesday and I will be applying then----in the meantime I am reading all the questions etc so I know what I am doing.

Can I just ask----how exactly do I work the interest out?

My claim dates back to March 2002 up until April 2006-------it is for £660(that is taking off the £40 they have given me back!!)----and I work the daily interest rate out using the formula provided as £0.1452. I am not sure how to work out exactly what interest is owing.

Thanks for any help

x

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Thanks Jon

I will read through look through it all again tomorrow--------couldnt find the spreadsheet today but will have tomorrow afternoon free to search.

Thanks x

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Hi again

I have just been to try and open one of the spreadsheets and it wont let me open it!! Any ideas please as to how else i can work out my interest(maths is not my strong point!!).

Just wondered if I am doing something wrong

Thanks x

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Hi

Well tomorrow I will have the £80 court fees and I am going to file my claim. I have read the Guide to Moneyclaim but cant find the spreadsheet to work out the interest.Another poster has kindly worked it out for me on the excel but I just noted there was one available if you dont have excel.Can anyone help me find it? Maybe I am not looking in the right places. Also I am now well over my limit with Capital One and dont have the monies to pay the balance owing for this month----obviously due to their ridiculous charges over the years!! Shall I try and make them a payment this month? Not sure what to do ? They phoned me a few times last week but I was out----I havent had any calls this week as yet!

Thanks xx

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Hi Jon

Thanks for your helpful reply---I will get that letter written tonight and posted out tomorrow recorded delivery.

I have found the spreadsheet-----many thanks. I will keep the thread updated.

x

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Hi

Well I have got my £80 waiting in the bank to pay the Court fee and the claim has been written. I couldnt open any of the spreadsheets so a lady on here kindly worked out the interest for me(many many thanks!!) but I still need to work out the daily interest. I found the formula the other day and worked it out at £0.14 but I cant find it anywhere now just to double check!!

Could someone please help me so that I can submit my claim today.

Many thanks to everyone on here xxx

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Thanks Barracad---Can I just ask do I include the Court fee in the amount I am claiming when working out the daily interest rate or is it just the whole amount that Capital One owe me in charges plus interest?

Thanks for your help xx

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Hi

I cannot access the spreadsheet so a poster kindly helped me. I forwarded her all the dates etc of overlimit fees and charges(plus dates) and she worked the figure out at £93.88.

Thanks again for helping me x

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Hi

I am halfway through filling the Court form in. Could someone please advise which box i tick underneath the claim bit. It reads:

Does the claim include any issues under the Human Rights Act 1998 yes/no

 

Also

Do you want to reserve the right to claim interest yes/no

 

Thanks for any help xx

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Hi

Thanks!

I had actually clicked yes on the interest one but just wanted to double check it was the right answer! :)

Thanks again----I may get it finished by dark LOL xxx

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