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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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CCA REQUEST TO MBNA my journey by Maz


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Just taken this little snippet into the charging of interest on late payment charges etc

Taken from the CCA amendments 2006

 

"In addition, interest on default sums will also be restricted to simple interest.

Failure to comply with the above requirements will impact on an agreement’s enforceability"

 

THis means that when they apply late payment charges to your account ...if they charge you compound interest on it...it "could " make the agreement hard for them to enforce.

 

sparkie

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thats the same question as i was gonna post up Maz.

 

Any way i dont under stand the difference between interest rates and ompound interest so is there somine who can explain it in simple terms for me.

 

Hi GodMother,

 

I'll try and explain in simple terms but someone who works in accounting or a bank would be best qualified, I'll post a couple of simple sums in a few minutes.

 

sparkie

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Hope you can folow these sums???

 

sparkie

 

If a default charge is added to the balance of say £25

The first month interest compounded would be £2025 plus 2% ===£40.50... ..==£2065.50 next month

£2065.50 plus 2% ==£41.31 ====£2106.81 the Act says that simple interest must be applied to the default sum of £25.

The creditor would have to show on your statement this calculation

Balance £2025 contract interest on £2000.………..£40.00 balance £2040

£25 Default charge interest at 2% ===0.50p Balance owing £2065.50.……. Next month it would have to show

Interest 2% 0n balance of £2040 ==£40.80 £2080.40 plus £25.50 ===£ 2105.50 plus 0.50 = £2106.00

 

Instead of £2106.81 people might say its only 81p extra ...not worth arguing about ….but this is only 1 month on one agreement but remember this increases every month and soon you would be paying £2 to £ 3 a month more than you should be.

Consider how much money a credit card bank makes on the thousands who are late…..10 thousand late payers in I month they have made £8000 more than they are legally entitled to

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hiya Sparkie

 

i can see what you are now saying, my head hurts though, but of course its like when you say save, you earn more interest on the compounded part, so interest on interest,

 

is my reasoning becoming a bit clearer, for myself, all i know is that if they have done this, of course the debt increases as months go, as interest is put on interest,

 

so something i must get clearer on, wont havemy pc for the next couple of days but will be back later in the week

 

many thanks def food for thought, i love learning all about this stuff,

 

thanks, done you a tickle...ciao for now maz

 

 

Cheers mate ....it is exactly what you say its interest upon interest ....but they can't apply it to default sums and that includes stuff they add on court claims as further default charges etc, and charge compiud interes on those... that now breaches the New CCA 2006 and would be considered unlawful

 

sparkie

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