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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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Right an update..........

 

I sent rejection letter 8th Jan... I received a letter today marked WITHOUT PREJUDICE SAVE TO COSTS offering my full charges back:D but wait...........no Interest (contractual or otherwise) to be paid:mad: .

 

Standard Template letter sent as has

a) ignored my bit about claiming the Contractual Interest answered with 'we do not charge interest on the charges......blah blah rubbish as in reply to my Prelim(obvius no reference as to them actually understanding what the contractual reason is!!!!)

b) obviously not read my letter to pay me in full via CHEQUE,as states on agreement to offer in Full and Final will deposit in my (CLOSED!!!!!grrrh):mad: account!!!!.

c) confidentiality nonsense.......

d)no furter claims blah blah.

 

Right I want to reject this ,but how does it stand as its the Contractual Interest I am asking for aside thiese charges, they will not agree to pay back? Will the court frown on this when I get to that stage eventually?????They agree to the full amount of charges but I WANT MY INTEREST.

 

my LBA is due to be sent 16th Jan.

 

Any help much appreciated:)

 

Milly X:)

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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Hopefully Tam or Glenn might confirm, Milly, but in effect, they have offered you less than you're claiming. You reject the offer, and your claim just continues on the tracks. Tell them as such - but see if any more posts appear here first.

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I don't even think they have read your rejection letter yet Molly, It actually looks like letters may have croessed in the post.

 

As Bill says they have offered you less than your claim, coupled with bits like confidentiality etc that your not going to agree to.

 

I would just put this to one side and send your LBA on the due date and add in about how unacceptable their offer is.

 

Dont worry about the court frowning on you not accepting this offer, it's been made without prejudice so they cannot submit it to the court as a form of evidence anyway.

 

Just stick with your timetable and send that LBA on the 16th as planned.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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bill-k :D and tamadus:D thanks.

 

I am feelin very happy about this now as I was worried about them offering the full charges.

 

I will send my LBA tuesday and see what happens;)

 

Will be shoutin out for your help then:)

 

Big X to u both.

 

Milly X:)

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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Ok what has Bill got that I dont have to get goodnight kisses :o

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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I don't even think they have read your rejection letter yet Molly, It actually looks like letters may have croessed in the post

 

I doubt he read it properly because it was it seems a standard reply:rolleyes: But all the same it says 'Thank you for your letter dated 8th Jan' which is the day I sent the rejection.

 

Cheek he has stating I have until the 23rd Jan to accept their offer. NOT!!!!! Oh and by the way did I mention they have themselves all muddled up ,as I ONLY sent a rejection and have not filed at court yet as LBA has not been sent and it says about notifying the court to state I have accepted their offer:confused: Bloomin idiot!!!!!!

 

I am also thinking about adding a bit to this that you kindly helped me with for my LBA bein sent next Tuesday.

 

You state that no interest would have been applied to these charges, however in applying the charges you have applied additional interest to any outstanding balance on the account which is directly proportional to the charge itself. You also have had use of my money in full through my payments to yourselves and on settling the above account and have gained interest on this.(MAY NEED REPHRASING!!!)t Therefore my claim for interest is still valid and will be included in any court claim I may need to make.

 

 

 

Please reephrase or delete if necessary:)

 

I think they are acting perculiar because as soon as they have received the letter, the same day they send a reply:rolleyes:

 

Any help much appreciated!

 

Milly X:)

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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Dont worry about the court frowning on you not accepting this offer, it's been made without prejudice so they cannot submit it to the court as a form of evidence anyway.

 

Hi tamadus:) On this point the reason I do not want to accept part payment anyway is because it would affect the contractual Interest amount I am claimin or wouldn't it:confused:

 

cos If I accepted what then would I be claiming in amounts.:idea: It seemed confusing thats why I have said no to the prelim offer and will be no to this new offer, even if it is for the full charges minus CI.

 

MillyX:)

 

Not ignoring Bill !

Have you accepted PartPayments on any of your claims and if so how did this change it?

 

MillyX:)

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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Never accepted part-payment, yet, Milly. Just gave 'em that ol' g'rilla frown !!

It is generally accepted, though, that a partial offer - no matter how it has been worked out or put to you - is nothing more than that. They are offering less than you have claimed - your choice is deal or no deal. Whatever they want to call their offer is up to them, but it is just a partial offer.

:)

PS - an' thanks for askin' !!! :D

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Wooohooo I got Good Morning Kisses :D thanks Milly

 

I think your addition to the bit about interest is just fine :)

 

I also think your right to reject this latest offer. Send the LBA for the full amount of your claim on the date it's due according to your schedule. That should show them your not going to messa bout any longer with their attempts to avoid full payment.

 

Your right something is amiss for them to reply so quickly. Maybe they dont have enough claims against them at the moment :p

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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Never accepted part-payment, yet, Milly. Just gave 'em that ol' g'rilla frown !!

It is generally accepted, though, that a partial offer - no matter how it has been worked out or put to you - is nothing more than that. They are offering less than you have claimed - your choice is deal or no deal. Whatever they want to call their offer is up to them, but it is just a partial offer.

:)

PS - an' thanks for askin' !!! :D

 

Now Bill if I was your creditor all you would have to do is flash that hairy gorilla chest and I would pay everything you wanted:D

 

Thanks for agreeing with me;)

 

MillyX:)

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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Wooohooo I got Good Morning Kisses :D thanks Milly

 

and theres more to come:D

 

I think your addition to the bit about interest is just fine :)

 

I also think your right to reject this latest offer. Send the LBA for the full amount of your claim on the date it's due according to your schedule. That should show them your not going to messa bout any longer with their attempts to avoid full payment.

 

Your right something is amiss for them to reply so quickly. Maybe they dont have enough claims against them at the moment :p

 

 

I know what it is ! When I rang him about my S.A.R he was a bit overwhelmed by my sexy tones (cos he was stuttering!!!);) that he wants more!!! LOL

 

Seriously, though he stated they were snowed under...so weird yes!!!

 

 

MillyX

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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Darn now I have to imagine those sexy tones that the man from Barclaycard is drooling over :rolleyes:

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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Deal;)

 

Ooh hope so Bill....maybe he wants me to ring him again;)

 

big kisses to you anyway XXXXXX

 

Just popped in on th contractual thread and read that halifax are not willing to pay C.I. Going to see if Goldfish have anything concerning this in their terms.

 

Milly X:)

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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Cheers Milly - got me fired up ! Full English breakfast, then !! ;)

 

If Halifax charge interest at a contractual rate (which they do) - then it's a matter of contractual law as to whether or not they pay out C.I. as far as I understand. The mutuality & reciprocity in the contract binds them to do so, I thought. I'm sure it isn't just a matter of "choosing not to."

 

Cheeky $0d$.

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