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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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keren29 v Capital One **WON**


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I've received notice of acknowledgement from the court today.

 

I've also received a letter from Robert Udy dated 30 August (probably before they got the court claim) saying he will refund me £72 (I'm claiming £288 plus interest) as a gesture of goodwill and it will be sent by cheque inthe next 14 days.

 

What do I do now? Wait until the cheque comes, bank it and wait for the solicitors to contact me and then tell them when I'm asked? Write back to him and say yes please to the cheque, but I've issued a court claim and will pursue the rest? Or say, no I don't want the cheque as I've already issued a claim and it is with your solicitors?

 

Not sure - help!

Abbey - Claim 1

full hearing 22 Feb 07 - Settled in full £710 :D

Abbey (Claim 2)

full hearing 22 Feb 07- Settled in full £4000 :D

Abbey (Claim 3)

Court date 27 June -

Capital One (claim 1)

£467 Settled in full 20 Sep :D

Capital One (claim 2)

£72 refunded 19 Aug :-D

Associates (Citicards)

claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS

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Write back to him and say yes please to the cheque, but I've issued a court claim and will pursue the rest?

 

Or say, no I don't want the cheque as I've already issued a claim and it is with your solicitors?

 

 

Either of the last two are perfectly reasonable, really it's down to whichever you feel most comfortable with.

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How does this sound? (thinking it up as I type)

 

Dear Mr Udy

acct xxxx

 

I am writing in response to your letter of 30 August.

 

Court Claim 6QZ58462 was issued on 27 August 2006 at Northampton County Court for a total of £288 plus £129.48 interest and acknowledged on 4 September 2006 by Legal Specialist Wendy Starr acting on behalf of Capital One.

 

Whilst I am willing to accept your offer of £72 as part payment, I will be continuing with proceedings for the remainder. I am willing to withdraw the claim with the courts if the full amount of £417.48 plus the incurred court charges of £50.00 is forwarded to me by return post in the form of a cheque.

 

love and kisses etc.

Abbey - Claim 1

full hearing 22 Feb 07 - Settled in full £710 :D

Abbey (Claim 2)

full hearing 22 Feb 07- Settled in full £4000 :D

Abbey (Claim 3)

Court date 27 June -

Capital One (claim 1)

£467 Settled in full 20 Sep :D

Capital One (claim 2)

£72 refunded 19 Aug :-D

Associates (Citicards)

claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS

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excellent :)

 

I'll copy and paste it now (including or excluding the love and kisses bit? :p ) and it will be off first thing. Even if I get the cheque it is a start, i've had to hammer my CC's and bank account to pay for the court charges and the AQ I've paid for with my 4 claims :( I need to start getting something back!

Abbey - Claim 1

full hearing 22 Feb 07 - Settled in full £710 :D

Abbey (Claim 2)

full hearing 22 Feb 07- Settled in full £4000 :D

Abbey (Claim 3)

Court date 27 June -

Capital One (claim 1)

£467 Settled in full 20 Sep :D

Capital One (claim 2)

£72 refunded 19 Aug :-D

Associates (Citicards)

claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS

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I think it will be a photo of a bowler hat, sunglasses and a cigar........the invisible man.......

Abbey - Claim 1

full hearing 22 Feb 07 - Settled in full £710 :D

Abbey (Claim 2)

full hearing 22 Feb 07- Settled in full £4000 :D

Abbey (Claim 3)

Court date 27 June -

Capital One (claim 1)

£467 Settled in full 20 Sep :D

Capital One (claim 2)

£72 refunded 19 Aug :-D

Associates (Citicards)

claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS

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How far are Cap One going before paying out? The threads all seem to stop at 'they are going to file a defence' and then it all goes quiet!!

 

Are they paying out rather than putting in a defence? Or going on further. I'm going to have another look, but can't see any where AQ's are involved etc.

 

Maybe my last to be filed will be the first to pay out!

Abbey - Claim 1

full hearing 22 Feb 07 - Settled in full £710 :D

Abbey (Claim 2)

full hearing 22 Feb 07- Settled in full £4000 :D

Abbey (Claim 3)

Court date 27 June -

Capital One (claim 1)

£467 Settled in full 20 Sep :D

Capital One (claim 2)

£72 refunded 19 Aug :-D

Associates (Citicards)

claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS

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there is a survey on the main page that show the stage they have been paying out, although times change, as smile bank were one of the best and are now not paying anyone

 

Barclaycard Student credit card £400 partial refund received, S.A.R -

Open & Direct Finance- extortionate, cca to Rockwell debt collection they ran away, now with Bryan Carter, no cca 17/03/08 sent back to Open

Pugsley v Littlwoods, have not received the signed credit agreement only quoting reg of 1983

Pugsley v Fashion World JD williams, 17/03 2008 Debt Managers returning file to JD williams as they could not supply the credit agreement

Capital one MCOL Settled in full

Smile lba settled in full

advice is given informally and without liability and without prejudice.

 

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the survey says capital one average stage is a 2, but I haven't seen any threads where a defence has been submitted, let alone an AQ - maybe they will pay out rather than submit a defence (hopefully!)

Abbey - Claim 1

full hearing 22 Feb 07 - Settled in full £710 :D

Abbey (Claim 2)

full hearing 22 Feb 07- Settled in full £4000 :D

Abbey (Claim 3)

Court date 27 June -

Capital One (claim 1)

£467 Settled in full 20 Sep :D

Capital One (claim 2)

£72 refunded 19 Aug :-D

Associates (Citicards)

claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS

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i've had the cheque for £72 arrive today. It was dated 30 August, so they obviously didn't wait for a few days to see if I accepted or not!!

 

What should I do? Send it back saying thanks but no thanks, keep it and write to say thanks but I also want the rest or keep it and wait to hear from Capital One and then take it from there (as they say they are looking to defend).

Abbey - Claim 1

full hearing 22 Feb 07 - Settled in full £710 :D

Abbey (Claim 2)

full hearing 22 Feb 07- Settled in full £4000 :D

Abbey (Claim 3)

Court date 27 June -

Capital One (claim 1)

£467 Settled in full 20 Sep :D

Capital One (claim 2)

£72 refunded 19 Aug :-D

Associates (Citicards)

claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS

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Keep it simple. Send the cheque back:

 

Dear Sir

 

Thank you for your letter dated xx/xx/xx and settlement offer of £ XXX

I have aready filed a claim in the small claims court and therefore I respectfully decline your offer of settlement and return your cheque.

 

I request, once again, that you return to me all charges imposed on this account, together with court costs and s69 8% interest now totalling £xxxx

Yours sincerely

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Will do! Although I am hoping that they will make offer of full payment. I can't find any threads with details of a defence submitted and nobody seems to have done an AQ with them.

 

Here's hoping I'm not the first.

Abbey - Claim 1

full hearing 22 Feb 07 - Settled in full £710 :D

Abbey (Claim 2)

full hearing 22 Feb 07- Settled in full £4000 :D

Abbey (Claim 3)

Court date 27 June -

Capital One (claim 1)

£467 Settled in full 20 Sep :D

Capital One (claim 2)

£72 refunded 19 Aug :-D

Associates (Citicards)

claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS

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Hi Keren,

I haven't seen any either? Will keep looking and keep you informed...

I have just received their 'we need 4 weeks to think about it' letter after receiving my LBA last week. They have shut down all access to my account - on line and off. I rang them this morn to ask why. They said was I calling regarding their letter, I said yes and cos my account is locked - why? They said it is because it is in arrears altho it is actually in credit now?!?! Very annoying...

I then informed them I would be proceeding with my claim against them in the time stated in my LBA and that that was sufficient time given the size of their organisation blah blah and would the nice man like to add that to my notes (saving me the trouble of another letter tho I guess I should put that in writing).

Anyhow, good luck keren...

[SIZE=1] [SIZE=1][COLOR=royalblue][COLOR=black][B]NatWest [/B] Offer accepted - 24/07/06 - £615[/COLOR][/COLOR][/SIZE] [SIZE=1][COLOR=royalblue][COLOR=black]-----------------------------------------------[/COLOR][/COLOR][/SIZE] [SIZE=1][COLOR=royalblue][COLOR=black][B]Cap One [/B] Prelim - 22/08/06[/COLOR][/COLOR][/SIZE] [SIZE=1][COLOR=royalblue][COLOR=#000000]LBA sent - 06/09/06 [/COLOR][/COLOR][/SIZE][SIZE=1][COLOR=royalblue][COLOR=#000000] MCOL issued 06/10/06 Served 11/10/06. Acknowledged - Deadline 25/10/06 [COLOR=Red] Offer of full settlement via personal cheque accepted £269. Wait 14 days in post for cheque from - 07/11/06 [/COLOR] [/COLOR] [/COLOR][/SIZE][SIZE=2][COLOR=magenta][B][COLOR=darkslateblue]Hit the [/COLOR][COLOR=darkslateblue][URL="https://www.paypal.com/cgi-bin/webscr"][COLOR=red]DONATE BUTTON[/COLOR] [/URL]and give 5% back to support this site! And don't forget the [COLOR=red]survey ;) [/COLOR][/COLOR][/B][/COLOR][/SIZE] [/SIZE]

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I'm claiming from a closed account, I've checked MCOL again today and it hasn't changed to 'defence' yet. Because they acknowledged they still have at least another 10 days yet though.

 

Still haven't found a thread with a mention of a defence though.

Abbey - Claim 1

full hearing 22 Feb 07 - Settled in full £710 :D

Abbey (Claim 2)

full hearing 22 Feb 07- Settled in full £4000 :D

Abbey (Claim 3)

Court date 27 June -

Capital One (claim 1)

£467 Settled in full 20 Sep :D

Capital One (claim 2)

£72 refunded 19 Aug :-D

Associates (Citicards)

claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS

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Settle in full letter received!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

£467.48

 

woohoo!!!!!!!!!!!!!!!!!!!!!

 

I shall be signing the settlement letter, and will tell the court to withdraw when I get the cheque.

 

Donation on its way as soon as the cheque arrives/clears

 

Last claimed, first to pay - Citicards and Abbey take note!!!!!

 

Please can a mod change my thread to settled in full

Abbey - Claim 1

full hearing 22 Feb 07 - Settled in full £710 :D

Abbey (Claim 2)

full hearing 22 Feb 07- Settled in full £4000 :D

Abbey (Claim 3)

Court date 27 June -

Capital One (claim 1)

£467 Settled in full 20 Sep :D

Capital One (claim 2)

£72 refunded 19 Aug :-D

Associates (Citicards)

claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS

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