Jump to content


  • Tweets

  • Posts

  • Our picks

    • 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
        • Like

Capital One - **WON**


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6540 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I have a very similar situation except that I had a balance of £6000 and NCO on behalf of Cap1 accepted a payment of £3000 in full & final settlement.

 

I am sure that my charges will be less than £3000 but would you still pursue anyway? Having read through the thread I am not sure.

Link to post
Share on other sites

Hi Trusty,

 

I assume you have written confirmation of the "full and final settlement".

 

If you have, you will possibly find, like me, that your credit record shows a 'partial settlement'. In my case my credit record was shot to pieces, anyway, so I wasn't unduly worried.

 

I pursued Capital One for the penalty charges anyway, regardless of their short settlement, and they repaid me well before I made a court claim.

 

I would suggest, if you don't know the amount of charges, serve them with a Data Protection Act request, and them pursue them up to and including a Letter Before Action.

 

If you have had no success at that stage, then you must decide whether to risk losing the court fee if they were to defend the claim.

 

I would expect them to repay you before a court appearance, but, if not, you could always withdraw your claim (and lose the court fee of course!)

 

Only you can decide if the potential gains would outweigh the possible (though I think unlikely) losses.

 

if you feel angry enough, as I did, then go for it!

 

Good Luck!!

Phil

Link to post
Share on other sites

Philip

 

Thanks for your quick reply. My credit record is also shot to bits, so I am not too worried about the partial settlement bit. I was however ruthlessly pursued by Cap1 and their agents and would like some retribution.

 

Letter going off today and I will start a new thread and let everyone know what happens.

 

Although it's far too late for me, I would advise anyone never to mess up your credit record it causes so many problems.

 

Thanks

 

Trusty

Link to post
Share on other sites

Classic, absolute classic!! Well done, I've been in fits of laughter!!!

 

I hope I get the same outcome.

Barclays Bank - SETTLED - £4225.00

First National - SETTLED - £125.00

Lloyds TSB - SETTLED - £994.87

Capital 1 - SETTLED - £827.95

Online Finance - SETTLED - £349.60

Argos - SETTLED - £121.00

Link to post
Share on other sites

  • 12 years later...

This topic was closed on 03/07/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

Phil

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6540 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...