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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 
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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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julian01 vrs Intelligent Finance


julian01
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:lol: HI all,

I recently phone Intelligent finance enquiring about the address i need to send the S.A.R letter to.

The lady responded by telling me that someone would call me asap,which they did.

During this call it was very evident that the call was being recorded and she was really upto speed on what the S.A.R was all about.She agreed to send all the documentation i needed including records of any manual intervention on my accounts.It was agreed that it could take upto 40 days to receive the info.It took just a week for the info to arrive,amazingly, all charges laid out in detail with dates etc.etc but there was no information regarding the `manual intervention`.

Should i write to them to request the missing info or go ahead with the prelim letter......?

 

Julian01

 

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If she agreed on the phone that there had been manual intervention then clearly there is data missing. You could drop her a letter - recorded referring to her statement that there had been manual intervention and pointing out that as a consequence you considered the DPA disclosre to be incomplete and that you want the rest.

 

If mnual intervention had not been alluded to then you could imply drop her a not as before and merely point out that as she had not included any data relating to manual intervention you were assuming that there had not been any.

In the meantime I woul set about the business of getting the money back.

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  • 4 weeks later...

Hi ,

Q. Can I claim interest?

 

 

A. When you put in a court claim, and not before, you should claim interest at the statutory rate, which is currently 8%. You must add a section to your claim in the following way:

"The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% per year from (date when the money became owed to you) to (the date you are issuing the claim) of £XXX - (enter the amount) and also interest at the same rate up to the date of judgment, or earlier payment, at a daily rate of £X.XXp (put in daily rate of interest)"

 

You will need to work out the interest you are owed up to the date you start the claim. You first need to work out the daily rate of interest. Using a calculator, do the following:

0.00022 X the amount of your claim – this gives you the daily rate of interest

Im a bit lost here.......

im guessing the date the money became owed is the day they charged me....?

and the date im issuing is the date i fill the mcol.....? i can then also claim at the court case 8% from the day i filled the mcol to the day of the court cases,or if they settle before then i claim this 8% upto the day i agree terms.....?

After this i am lost,

 

Help with this would be grear,ive looked at it too much now so totally confused.

Thanks.

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