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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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Why is no one claiming the contractual rate of interest???


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Thanks Steve have a little catching up to do, lost my internet connection for 8 weeks owing to the dreadfull inefficiency of Orange. I shall peruse ..........

Leech

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html#post436526

click my scales if you think i am helpful ! yes LHS down there !!

Once more into the breach dear friends,once more

or close the wall up with our banks dead ,

The games afoot,follow your spirit and upon this charge

Cry 'God for Harry' England and St George

Henry V battle of Agincourt 1415

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I just wanted to find out if there's any chance to get a 'copy' of anyones spreadsheet to see how you applied the above. More importantly I want to see how the figures are calculated on the sheet.

 

I've spent the whole day on the site and have gotten great info but it's a shame we don't have actual sample spreadsheets to cross check what we're doing.

 

I'm at the N1 stage but having read various threads want to amend my claim as I used the statutory 8% but now want to use the contractual.

 

I'm still confused about applicable interest......HEEELLLLPPPP!.....I'm tearing my hair out!

 

Thanks

 

 

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The sample spreadsheet I need is that which I can calculate:

 

CHARGES + INTEREST CHARGED ON THEM + Contractual Interest!

 

BankFodder, Bramstoker, JonCris, GlennUK, Michael Brown.....anyone! Please can you help with this?!?

 

 

Thanks.

 

 

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Missy, all I use is Vamps spreadsheet for contractual interest. is a very simple version. I am sorry I cannot show you mine as i do not know how to use the scanning machine but since it is a Google spreadsheet I may be able to send it as a email. if you PM me with your email address I will give it a try if you like,

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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PM me Missy with your e-mail address, I will send you one, and the software.

Leech

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html#post436526

click my scales if you think i am helpful ! yes LHS down there !!

Once more into the breach dear friends,once more

or close the wall up with our banks dead ,

The games afoot,follow your spirit and upon this charge

Cry 'God for Harry' England and St George

Henry V battle of Agincourt 1415

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The sample spreadsheet I need is that which I can calculate:

 

CHARGES + INTEREST CHARGED ON THEM + Contractual Interest!

 

BankFodder, Bramstoker, JonCris, GlennUK, Michael Brown.....anyone! Please can you help with this?!?

 

 

Thanks.

 

Have you tried the ones in the templates library?

 

Also this is the link to the Vamps chambers

 

 

VAMPIRESS'S CHAMBERS

links to my current claims ...

My claim - Yorkshire Bank Visa

chezt V RBS Mastercard

Chezt v RBS Joint Account

chezt v Abbey Credit Card

 

Settled ...

chezt V Duet Card/Creation Finance

chezt v's Studio Cards

chezt v's Littlewoods Catalogue

 

Next ...

Abbey Joint a/c & Single a/c

Barclaycard (Mine & Hubby's)

Anyone else I can think of ...! :rolleyes:

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oh I didn't realise but the actual links on the page are not working are they!!??

 

I wonder if she has withdrawn them for some reason then .... does she still post here ... I noticed she has changed user name & is not a moderator any more ..... :-|

links to my current claims ...

My claim - Yorkshire Bank Visa

chezt V RBS Mastercard

Chezt v RBS Joint Account

chezt v Abbey Credit Card

 

Settled ...

chezt V Duet Card/Creation Finance

chezt v's Studio Cards

chezt v's Littlewoods Catalogue

 

Next ...

Abbey Joint a/c & Single a/c

Barclaycard (Mine & Hubby's)

Anyone else I can think of ...! :rolleyes:

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It is a mystery to me that no one seems to be interest in following this route.

To me it seems clear, straightforward and thoroughly ahievable.

 

Better than that, it is "fair and reasonable" to quote a much used bank phrase.

 

http://www.consumeractiongroup.co.uk/forum/general/18288-whats-your-time-worth.html#post142053

I have claimed the contractual rate of 29.8% on every occasion (I have now done it five times) as this is the rate which had been applied to the account in overdraft . I have always recovered the contractual rate. However I only claim the charges which I have had applied, I do not claim the interest which had been applied as I would not then be able to claim interest at the contractual rate as this would effectively be double recovery. I believe that case on contractual interest which went to court was claiming charges and interest applied as well as contractual interest which could be the reason why it did not suceed but I would be grateful for clarification on this matter.

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I have claimed the contractual rate of 29.8% on every occasion (I have now done it five times) as this is the rate which had been applied to the account in overdraft . I have always recovered the contractual rate. However I only claim the charges which I have had applied, I do not claim the interest which had been applied as I would not then be able to claim interest at the contractual rate as this would effectively be double recovery. I believe that case on contractual interest which went to court was claiming charges and interest applied as well as contractual interest which could be the reason why it did not suceed but I would be grateful for clarification on this matter.

 

You're right, in as much as the claim for CI which lost in court was, as I understand it, asking for charges, interest incurred as a result of these charges, and compound interest on top.

 

However, this does not constitute 'double recovery' and you're wrong when you suggest this may have been the reason why the claim failed. There is nothing that is being claimed twice. Rather, the claimant was asking for the return of the charges that were levied unlawfully on his account, the interest incurred as a result of these charges and compound interest on both.

 

Ultimately, the claim was unsuccessful because it asked for contractual interest on the basis of mutuality and reciprocity and the judge, though sympathetic to the logic of this, ruled there was no basis for it in law.

 

In light of the recent Sempra ruling in the House of Lords, it would now appear that there is a very real possibility of winning CI if one argues for it on the basis of unjust enrichment. That being the case, it is entirely conceivable that a well-executed claim could be awarded charges, interest incurred as a result of those charges, and compound interest on top.

 

There are people far better qualified than me to comment and, moreover, it's difficult to judge without rather more detail on your claims but, IMHO, there is little basis for proceeding as you have done and you may just have got lucky.

 

I would guess that none of your claims reached the court stage and that had they done so you may have fared rather less well! ;-)

 

Fred_Funk

  • Haha 1

NatWest: seeking unlawful charges + interest incurred as a result of those charges of £4,292.82 and contractual interest (compounded) of £4,559.41. Court claim issued 16.01.08; acknowledgement of service filled by Cobbetts on 30.01.08

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oh I didn't realise but the actual links on the page are not working are they!!??

 

I wonder if she has withdrawn them for some reason then .... does she still post here ... I noticed she has changed user name & is not a moderator any more ..... :-|

 

I'll bump that question, lets see if we get an answer.

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Vampiress' Chambers sheets are not working (the links are removed) & Mindzai's Sheet appears not to be working also - This question about these sheets is being asked on at least three threads that I have seen & non have yet been answered ......

 

I notice also Vamps is no longer a mod & has changed her user ID ..... dunno if this is related or not ?

 

Presumably the sheets in the templates library are working ok? (I haven't tried them as I use others) :)

links to my current claims ...

My claim - Yorkshire Bank Visa

chezt V RBS Mastercard

Chezt v RBS Joint Account

chezt v Abbey Credit Card

 

Settled ...

chezt V Duet Card/Creation Finance

chezt v's Studio Cards

chezt v's Littlewoods Catalogue

 

Next ...

Abbey Joint a/c & Single a/c

Barclaycard (Mine & Hubby's)

Anyone else I can think of ...! :rolleyes:

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Try this guys, it worked for me.

http://www.zen122856.zen.co.uk/CompoundSheet_v1.9.xls

 

Celicaman

Templates Library

 

GE Capital Won

Capital 0ne Won

Northern rock Claim stayed working on negotiation

HSBC personal claim 1 ''WON''.

£1800 plus full stat interest plus costs.

Claim started 14/02/07 offer 3/07/07

 

Next:Coming soon to a thread near you! :)

HSBC personal Part 2 'return of the Celicaman'

HSBC business 1 ' my empire strikes back' N1 claim POC in progress after usual offensive offer from bank

HSBC business 2 'attack of the Celicaman'

HSBC business claim 3 'bank account menace'

HSBC business 4 'Revenge of the CAG Member' the final insult ....................... 'Maybe'

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Steven, its working from my side when i click link above

CM

Templates Library

 

GE Capital Won

Capital 0ne Won

Northern rock Claim stayed working on negotiation

HSBC personal claim 1 ''WON''.

£1800 plus full stat interest plus costs.

Claim started 14/02/07 offer 3/07/07

 

Next:Coming soon to a thread near you! :)

HSBC personal Part 2 'return of the Celicaman'

HSBC business 1 ' my empire strikes back' N1 claim POC in progress after usual offensive offer from bank

HSBC business 2 'attack of the Celicaman'

HSBC business claim 3 'bank account menace'

HSBC business 4 'Revenge of the CAG Member' the final insult ....................... 'Maybe'

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And thats not mindzias on yours, never seen that one before :confused:

CM

Templates Library

 

GE Capital Won

Capital 0ne Won

Northern rock Claim stayed working on negotiation

HSBC personal claim 1 ''WON''.

£1800 plus full stat interest plus costs.

Claim started 14/02/07 offer 3/07/07

 

Next:Coming soon to a thread near you! :)

HSBC personal Part 2 'return of the Celicaman'

HSBC business 1 ' my empire strikes back' N1 claim POC in progress after usual offensive offer from bank

HSBC business 2 'attack of the Celicaman'

HSBC business claim 3 'bank account menace'

HSBC business 4 'Revenge of the CAG Member' the final insult ....................... 'Maybe'

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Try this guys, it worked for me.

http://www.zen122856.zen.co.uk/CompoundSheet_v1.9.xls

 

Celicaman

I think that's the same link I have stored - doesn't work for me

 

That link isn't working either - however, I have a copy of Mindzai's sheet (the one in Celiciaman's link) here

This one brings up a login box for me to login to blueyonder ... ? When I cancelled it has brought up a sheet but it doesn't look like the Mindzai one I used before .. has it changed recently?

  • Haha 1

links to my current claims ...

My claim - Yorkshire Bank Visa

chezt V RBS Mastercard

Chezt v RBS Joint Account

chezt v Abbey Credit Card

 

Settled ...

chezt V Duet Card/Creation Finance

chezt v's Studio Cards

chezt v's Littlewoods Catalogue

 

Next ...

Abbey Joint a/c & Single a/c

Barclaycard (Mine & Hubby's)

Anyone else I can think of ...! :rolleyes:

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This one brings up a login box for me to login to blueyonder ... ? When I cancelled it has brought up a sheet but it doesn't look like the Mindzai one I used before .. has it changed recently?

 

Then when I try n save it again it askes for a user name n password .. I don't have one so no good for me! :-|

links to my current claims ...

My claim - Yorkshire Bank Visa

chezt V RBS Mastercard

Chezt v RBS Joint Account

chezt v Abbey Credit Card

 

Settled ...

chezt V Duet Card/Creation Finance

chezt v's Studio Cards

chezt v's Littlewoods Catalogue

 

Next ...

Abbey Joint a/c & Single a/c

Barclaycard (Mine & Hubby's)

Anyone else I can think of ...! :rolleyes:

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And thats not mindzias on yours, never seen that one before :confused:

CM

You're right - apologies for mental aberation. I have got M's somewhere though - thought that was it. I'll look for it.

 

 

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Steven, its working from my side when i click link above

CM

 

 

That's because you're pulling up a cached page from your PC, hon. I'll upload the spreadsheet somewhere and post a link here. Can't hurt to have more than one source.

WolfCat

Carpe diem, quam minimum credula postero

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