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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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Settled in full


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Hello,

 

Requested £380 in charges to be refunded, and they have settled in full today.

 

Long drawn out process but the time line was as follows:

 

19th June 2006: Pre Lim for £330

28th June 2006: Response from Capital One of a offer for £104

4th July 2006: LBA asking for full amount

14th July 2006: Response from Capital One of an offer of £104

18th July 2006: File N1 at County Court for £330 plus interest plus £50 CC fee

21st July 2006: Capital One responded, defending claim

4th August 2006 (letter recieved today): Capital One full refund of £380

 

2 more Capital One accounts to go!

 

Keep going everyone, and you WILL get that money back.

 

Another donation on the way!

 

Best regards

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Hi David

Congrats .... quick question .... Capital one filed a defence to your claim, did they then pay you prior to a court date being set or did they admit the full amount? I am worried about having to go to court if they defend my action

Dydie

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Hello,

 

They paid up before a date was set, they have 28 days when they acknowledge your claim, I have not known them ever to turn up in court.

 

They acknowledged my claim on the 21th July 2006 (Wendy Starr, Legal Specialist) and the letter from Capital One to settle the claim was sent by them on the 4th August 2006.

 

So just wait for that letter...

 

Best regards

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well done! Just wondering, as i have looked around other forums i have seen people talking about sending a claimant pack to court cotaining details of acts of parliment and cases they will be refering to including unfair contract terms act 1977, supply of goods and services act 1982 etc. this is scaring the life out of me and im not sure whether to start mine or not anymore. Did you do this! Also if i do, im not sure where to send my letters i have asked on this forum but no one has answered me, all i have is a po box address and i cant do registered post to that please help.

Thank you

Karen

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Hello,

 

No I did not do any of that when I filed my N1.

 

What details do you need and I can give them to you, and help you through this. Its not scary, just reality, you are just a number, a person claiming back money that is owed.

 

So don't worry about it!:)

 

Best regards

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Congratulations. Gives hope to people like myself who are about to start the court claim and finding it a little daunting.

Ulster Bank -

Data Protection Act Sent 16 June 2006

Preliminary Request for payment sent 5 Aug 2006 - £1690.02

LBA sent 17 Aug 2006

Claim submitted 27.9.06 Total £2439.45

Lloyds TSB -

Data Protection Act sent 9 March

Half statements received 5 July (half missing)

Prelim Req for Pay sent 9 August (partially estimated)

LBA sent 25 August 2006 (£393.00) missing statements received

Claim submitted 27.9.06 Total £556.79 Papers served - response date 26 December 2006

Capitol One

Full and Final Settlement received for £1095.23

Nationwide

Prelim Request for repayment sent 26 August 2006 (£1469.50)

LBA sent 15 September 2006

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Hi David i am just wanting an address to send my prem letter to all i have is a p.o box and if i have to send registered post i wont be able to do this to a p.o box. Thank you for your offer of help i think i will be taking you up on it.

Thank you

Karen

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You can send Recorded and Special Delivery items to PO Box addresses. But if it is your preliminary letter there really is no need - just an ordinary First Class stamp will do.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Data Protection Act request address

 

Legal Compliance Specialist

Capital One Bank (Europe) plc

Trent House

Station street

Nottingham

NG2 3HX

ITS MINE AND I WANT IT BACK!!!!!

 

CAPITAL ONE

S.A.R - (Subject Access Request) SENT 08-8-2006 REPLY 14-8-2006

STATEMENTS RECEIVED 02-9-2006

Recieved cheque for £96 as goodwill

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