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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 
      • 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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glav versus capital one ***WON***


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Hi folks, new to this forum. Just posted off S.A.R. today recorded delivery with £10 cheque, no idea how much I can claim back but will need help along the way to work out contractual interest etc. Be in touch soon hopefully!

 

Gail

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Hi folks, new to this forum. Just posted off S.A.R. today recorded delivery with £10 cheque, no idea how much I can claim back but will need help along the way to work out contractual interest etc. Be in touch soon hopefully!

 

Gail

 

Hi gail and welcome,

 

First off do lots of reading and ask lots of questions.

 

You've taken the first step which will give you 40 days to read up lots.

 

Any help i can give I will, dn't be afraid to ask. We were all new once.

 

Good luck

 

Tanz

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Many thanks tanz, appreciate that! Have been reading quite a lot, nervous obviously so decided to start with capital one and citicards before I even think about my bank - Northern Bank Ltd. Need to research more on their responses etc. No doubt you will hear from me again soon.

 

Gail

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  • 3 weeks later...

Hi folks,

 

Received full set of statements today relating to my credit card with Capital One from end September 2002 to present. On the first reading I count around £880 worth of charges, (on a card with a 200 limit) I would like to claim compound contractual interest. Over the duration of the account, i have been charged five different monthly rates ranging from 2.207% to msot recently 2.549%. How do I work out what rate of interest to charge? Any advice greatly appreciated.

 

Thank you

glav

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You can get this from their website, APR rate. However I would not rush into this as there is a lot of debate going on at the moment about CCI. Some have been successful of late but you will need to be prepared for a fight and have all your arguements set out ready in case you enter a court room to defend this issue. See here and you will see what I mean: http://www.consumeractiongroup.co.uk/forum/general/66851-contractual-confusion-compounded-daily.html

 

Not trying to put you off but you should be preparred as it may not be as simple as a standard claim with 8% interest.

 

Also see here: http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/49074-can-we-have-new.html

 

Also here: http://www.consumeractiongroup.co.uk/forum/general/18313-why-no-one-claiming.html?highlight=contractual+interest

 

Hope this helps.

 

Tanz

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As already mentioned, I have five different interest rates over the lifespan of the card. What I have done is add these together and divide by 5 to get the mean, which when x12 gives APR of 27.6%.

 

I have then used goggle speadsheets for both compound contractual interest and contractual interest. Only a couple of hundred difference between the two, have I done something wrong? I would be grateful if someone could have a look at these for me, any help much appreciated.

 

glav

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As already mentioned, I have five different interest rates over the lifespan of the card. What I have done is add these together and divide by 5 to get the mean, which when x12 gives APR of 27.6%. (i would use the current rate from website but thats me)

I have then used goggle speadsheets for both compound contractual interest and contractual interest. Only a couple of hundred difference between the two, have I done something wrong? I would be grateful if someone could have a look at these for me, any help much appreciated.

 

glav

 

Bill K might if hes back checking them. I am no expert with them myself but if you pm me your email I will send you the one I used for my claims.

 

Tanz

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Hi all,

 

Sending prelim letter and schedule of charges tomorrow recorded delivery, so the countdown begins! Can someone please clarify if 14 days are calendar or working days?

 

Ta

glav

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  • 3 weeks later...

Hi all,

 

Response to prelim due tomorrow but not expecting any mail!! Will send LBA off by Friday at the latest this week. I would like to start preparing my court claim, I live in Northern Ireland so do I complete online claim form and follow up with N1 and schedule of charges or just complete N1/schedule of charges and post to court? Any advice greatly appreciated

 

glav

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Hi all,

 

Response to prelim due tomorrow but not expecting any mail!! Will send LBA off by Friday at the latest this week. I would like to start preparing my court claim, I live in Northern Ireland so do I complete online claim form and follow up with N1 and schedule of charges or just complete N1/schedule of charges and post to court? Any advice greatly appreciated

 

glav

 

I would use the N1 route as it give you more room for a detailed POC

 

Tanz

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Thanks again Tanz, but noomill060 has just told me that in Northern Ireland form N1 is not used but form 125 instead, available to download from ni court website so I'll have a look at that. As expected, no reply from Capital One today so it's off to LBA stage!!

 

glav

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Thanks again Tanz, but noomill060 has just told me that in Northern Ireland form N1 is not used but form 125 instead, available to download from ni court website so I'll have a look at that. As expected, no reply from Capital One today so it's off to LBA stage!!

 

glav

 

My mistake didn't realise you were there. Glad you got it sorted.

 

Tanz

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  • 3 weeks later...

Hi all,

 

Just to update and get some advice. LBA deadline expires on Monday, but lo and behold, today I received the standard letter with Complaint Settlement Form offering me £322, basically the difference between £12 and £20. I will evidently send rejection letter, accepting this refund as partial settlement only, but do I have to give them more time before I lodge claim to court?

 

glav

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Hi all

 

Have been looking through the rejection letters templates. The letter I received today nowhere makes reference to FULL and FINAL settlement, but the Complaint Settlement Form states

 

"I confirm acceptance of COne's offer to refund fees, totalling £322. This action by CapOne is accepted by me as closure of my complaint".

 

Do I use template letter 3 or 4? Any advice greatly appreciated.

 

glav

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I would reccomend you use letter 4.

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IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

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  • 4 weeks later...

hi folks,

 

Just to update, received response from my rejection letter. Basically usual speel about final offer of £322 and not prepared to increase this, out of a claim of £1700 approx. Time to lodge claim with court methinks!

 

glav:)

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