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 
        • 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

Apple v Capital One **WON**


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6239 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

thanks everyone :D :D :D

************* Well Done Apple ************

 

Do you feel like you're entitled the ** WON ** added to the title of the thread now??? LOL.

 

I won't feel ready to have that ** WON ** until I have the cheque in my clammy little hand .. .actually, until the cheque has cleared!!!

 

Am a little surprised they have said they'll sent me a cheque for the full amount .. thought they would pay off my balance first, then a cheque for the rest ... but will see what comes anyway. hmmm

Apple x

Link to post
Share on other sites

  • Replies 95
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

CONGRATULATIONS APPLE - the waiting is now over, enjoy your money when you get it, I reckon cap one have done you a favour by ignoring you, wish mine had gone as well, got a letter from them offering money but will not pay contractual, am thinking what step to take next.

 

I am not really sure why they have 'ignored' it, hopefully they just have too many claims to deal with!, but I tell you it was very hard the last few weeks I began to feel like the whole world was ignoring me!

 

I get the impression that if you just won't agree they will give in and pay contractual eventually rather then go to court. Will wander to your thread in a bit and catch up.

Apple x

Link to post
Share on other sites

Hey Apple,

 

Getting the cheque in your hand is a formality, as you have the judgement.

 

Getting the cheque to clear shouldn't be a problem as CapOne have LOTS and LOTS of our money.

 

:) Any progress?

Struggling_Simon vs Cabot - WON

Struggling_Simon vs Abbey - WON

Struggling_Simon vs HBOS - Pending

--------------------------------------------

IF I HAVE HELPED PLEASE CLICK MY SCALES

 

Vigilantibus non dormientibus æquitas subvenit

Somper in excretia,som solem profundus variat.

 

 

 

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.

Link to post
Share on other sites

Hey Apple,

 

Getting the cheque in your hand is a formality, as you have the judgement.

 

Getting the cheque to clear shouldn't be a problem as CapOne have LOTS and LOTS of our money.

 

:) Any progress?

 

no nothing yet. Waiting at the post with bated breath every morning :-(

Apple x

Link to post
Share on other sites

Just read through again, I see you did get full contractual paid, they are refusing to pay mine at the moment and so am trying to get as many concluded contractual cases as possible, could you please pm me your court case No. and the court you used. Thanks.

Link to post
Share on other sites

thanks everyone :D :D :D

 

 

I won't feel ready to have that ** WON ** until I have the cheque in my clammy little hand .. .actually, until the cheque has cleared!!!

 

Am a little surprised they have said they'll sent me a cheque for the full amount .. thought they would pay off my balance first, then a cheque for the rest ... but will see what comes anyway. hmmm

Because you got a default judgement they have to pay what you claimed :)

Link to post
Share on other sites

Well ho hum great surprise. they wrote to me saying I'd get a cheque within 14 days but 14 days up now and no cheque.

 

Time for another snotty missive tomorrow I think :(

 

Just a thought - 14 banking days is equivalent to 18 of our earth days:D

as they don`t include weekends as part of the working week.

 

So I would hold off on the bailiffs till at least Friday if I were you.

VIEWS EXPRESSED ARE MY OWN - IF THEY HELP - PLEASE CLICK MY SCALES

Halifax - S.A.R - June 06

- Pre-Lim(£1665) July 06

- LBA - July 06

- MCOL - 15th Aug 06

- Acknowledged 18th Aug

- Settled IN FULL :eek:

- 2nd Claim Started - 12 Dec 2006

- SETTLED IN FULL:eek:

- 3rd Claim Started (Phone Call) 1st March 2007

- SETTLED IN FULL:eek:

Abbey National - S.A.R - 23/08/06

- Default Removal Letter sent 21st Sept

- LBA sent with Estimated Charges 4/10/06

- 2nd LBA 23/10/06

- N1 filed 9/11/06 - Deemed Served 16/11/06

- AQ & Draft Directions filed 19/12/06

- Court Hearing 22/3/07

- SETTLED IN FULL:o INCLUDING £5k COMPENSATION

Capital One - S.A.R. 10/10/06

- SETTLED IN FULL:eek:

Alliance & Leicester - Mortgage E/S/C Claim 02/03/07

- SETTLED IN FULL:eek:

Link to post
Share on other sites

Hoorah! cheque finally arrived so off to the bank with it in my clammy little mitt.

 

unfortunately it doesn't include all the interest due at the daily rate but stops at the date of judgement - I guess it's something like £15/20 short but will have to work it out later when at home and decide whether it's worth pursuing it actively or not. I do want to (in principle) but not sure if I have the energy for all the letters it it's less then £15 or so!

Apple x

Link to post
Share on other sites

Hoorah! cheque finally arrived so off to the bank with it in my clammy little mitt.

 

unfortunately it doesn't include all the interest due at the daily rate but stops at the date of judgement - I guess it's something like £15/20 short but will have to work it out later when at home and decide whether it's worth pursuing it actively or not. I do want to (in principle) but not sure if I have the energy for all the letters it it's less then £15 or so!

 

Glad to hear it turned up ok:)

 

I`ll ask a mod to move your thread into Capital One Successes and change the heading to WON

 

Enjoy your new found wealth

VIEWS EXPRESSED ARE MY OWN - IF THEY HELP - PLEASE CLICK MY SCALES

Halifax - S.A.R - June 06

- Pre-Lim(£1665) July 06

- LBA - July 06

- MCOL - 15th Aug 06

- Acknowledged 18th Aug

- Settled IN FULL :eek:

- 2nd Claim Started - 12 Dec 2006

- SETTLED IN FULL:eek:

- 3rd Claim Started (Phone Call) 1st March 2007

- SETTLED IN FULL:eek:

Abbey National - S.A.R - 23/08/06

- Default Removal Letter sent 21st Sept

- LBA sent with Estimated Charges 4/10/06

- 2nd LBA 23/10/06

- N1 filed 9/11/06 - Deemed Served 16/11/06

- AQ & Draft Directions filed 19/12/06

- Court Hearing 22/3/07

- SETTLED IN FULL:o INCLUDING £5k COMPENSATION

Capital One - S.A.R. 10/10/06

- SETTLED IN FULL:eek:

Alliance & Leicester - Mortgage E/S/C Claim 02/03/07

- SETTLED IN FULL:eek:

Link to post
Share on other sites

Hoorah! cheque finally arrived so off to the bank with it in my clammy little mitt.

 

unfortunately it doesn't include all the interest due at the daily rate but stops at the date of judgement - I guess it's something like £15/20 short but will have to work it out later when at home and decide whether it's worth pursuing it actively or not. I do want to (in principle) but not sure if I have the energy for all the letters it it's less then £15 or so!

 

 

Redsonja had the same problem and I believe she fought to get the amount up until the date she would receive the cheque rather than date of settlement. See her thread for full details.

 

I imagine most of us will experience this and I for one will do as she did to get what I'm owed ;)

Link to post
Share on other sites

Apple crumbe does look good ;) - the thing is apple would they let you off £15.72, if you could not pay it they would default you on such a small amount and call in the debt collectors. Depends if you want to continue the fight though.

Link to post
Share on other sites

i'd go for the extra, and costs;)

well done

OK I GIVE IN

 

Halifax £3600 charges, won with C/I £6400

 

NatWest S.A.R-05/06/06

Bug**r all recieved 03/11/06

Prelim guesimate sent for £3000 03/11/06

Cr*p one CONNED statements 08/06 ROFLMAO

Cr*p one charges=£976

con int 34.9% £1,003.75 £1,979.75.

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...