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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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      • 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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Tinkerbelle vs Capital One - I've WON!!!!


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CONGRATULATIONS Tinkerbell! We had that same rude letter,but who has got the last laugh now? we reminded crap one how there £200 limit became £2400 dept see our thread,they wrote to the court to say it had been settled on 24th may but we havant recieved payment yet,so our claim continues until we do recieve a cheque

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Received the following snotty letter from Crapital One this morning.

 

===================================================

 

Dear Miss xxxx

 

Your claim against Capital One Bank (Europe) plc

...

Congratulations Tinks - I also got the very same letter yesterday lol!! Fancy a pint?!!

 

Wonder how long till they actually send the cheque....

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

Hit the DONATE BUTTON and give 5% back to support this site!

 

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Hello again Guys!

 

Got another letter from Crapital One yesterday. Again re-printed for your information so you know what's coming next!

 

==================================================

 

Thank you for returning your signed settlement form, which I have received this morning concerning your above numbered county court claim.

 

As agreed, I have refunded a total of £496.67, which is in full and final settlement of your county court claim. On receipt of this letter, please notify the court of the agreed settlement, as we have done the same.

 

Your account is now in credit by £327.45 so I have arranged to send you a cheque for this amount. You will receive your cheque withn the next 10 to 14 working days.

 

Once again, thank you for returning your form to me and I am pleased we have been able to resolve this matter without taking up any court time.

 

Yours sincerely,

 

Angelina Wilson

Executive Office

===========================================================

 

Hahahahaha they want me to notify the court that the claim has been settled on the basis that they have sent me this letter. They're having a laugh are they not! 21.gif

 

Also, their calcualtion and mine don't add up. There's a £4 difference. So on that basis alone, I won't be notifying anybody until I receive my next monthly statement, the cheque arrives, the cheque clears and I have ensured they have paid up down to the very last penny 19.gif

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CONGRATULATIONS Tinkerbell! We had that same rude letter,but who has got the last laugh now? we reminded crap one how there £200 limit became £2400 dept see our thread,they wrote to the court to say it had been settled on 24th may but we havant recieved payment yet,so our claim continues until we do recieve a cheque

 

How long overdue is it? If it's gone past the 14 days (or 28 days if they said they were going to defend) then I'd run off and click that JUDGEMENT button...but that's just me.....and i'm in an evil mood:p

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Hi

Its not gone as far as to be overdue yet as Cap 1 put in a defence and then offered the settlement, I have had a form from the court to sign to say this has been settled but as I havent got the cheque yet I will give Cap 1 until Friday and if it still hasnt arrived I will tick the "I wish to proceed with the claim" box on the form. Will keep you posted.

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Yes, it's YOUR cheque, not theirs. How good does that feel? Really really honestly...:):):):):):)

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hey Tink that's awesome news - well done!! I'm just a few days behind you with Cap 1 so mine shouldn't be too much longer either!!

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

Hit the DONATE BUTTON and give 5% back to support this site!

 

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Congrats on that.

 

were you defaulted? has capital one agreed to correct your credit history?

Co-Operative bank default removal - succesfull december 2007.

 

Capital One Bank default removal - succesfull february 2008.

 

Co-Operative bank Visa default removal- Claim filed March 2008

 

Smile default removal - ongoing

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Hiya Tinks

 

WELL DONE !!!!!:D

 

I got my refund too from Crapital One last week - hoorah!:)

 

congratulations ....!!!!!!!!!!!!!!

 

 

xx

Abbey claim: £972.00; Req for Refund letter sent 22.05.06

HSBC claim: sorted!

Citibank credit card claim: sorted!

Abbey/MBNA credit card: sorted!

Smile credit card: 2nd LBA sent 09.06.06

Capital One credit card: sorted!

..........................

Parachute deployed and everything moved ... GO GET 'EM !!

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Tink - at what point did you notify the court the claim was settled: on receipt of letter advising refund, receipt of cheque or clearance? I gotta decide between the last two lol!!

 

Thanks

 

Bovv :)

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

Hit the DONATE BUTTON and give 5% back to support this site!

 

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Kewl - that's the one I was going for...my cheque should clear Fri (the parachute account clears 3 working days before Halifax)..

 

Excellent!! What you gonna buy lol!!

 

Thanks

 

Bovv

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

Hit the DONATE BUTTON and give 5% back to support this site!

 

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LOL... well so far I have got about 4 pairs of shoes, 1 handbag, 1 dress, 3 tops, 1 Sony PSP and 1 Lemmings game :D

 

I'm trying not to go crazy because I want to buy a flat next year... but hey, gotta treat myself after all the money worries over the past years!

 

Oh and I gave some towards the Council "Poll" Tax :cool:

 

I have a serious shoe addiction!

 

What about you? What you gonna buy?

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Nothing nearly so exciting I'm afraid, I will be paying off some debts....still that's a good thing too...I will have many pints of Hooky also :D

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

Hit the DONATE BUTTON and give 5% back to support this site!

 

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  • 12 years later...

This topic was closed on 03/08/19.

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

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