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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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dpick v capital one ***WON***


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Question re prelim letter when statements received.

 

I am in debt management with interest and charges frozen for last 7 months. Would I be right in thinking I should only claim interest from charge date to date when interest frozen. I don't want to give crapital one chance to have my claim thrown out due to claiming incorrect interest.

 

thanks dpick:evil:

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Question re prelim letter when statements received.

 

I am in debt management with interest and charges frozen for last 7 months. Would I be right in thinking I should only claim interest from charge date to date when interest frozen. I don't want to give crapital one chance to have my claim thrown out due to claiming incorrect interest.

 

thanks dpick:evil:

 

 

Which interest do you mean?

If its the statutory 8% then you claim this when you file at court and its from the date of the charge until the date of settlement.

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Well posted CCA letter checked post office delivery today 11am. Went to check something on account on the internet got message internet backing suspended for this account. Rang Crap1 and was told because account in arrears ( funny it has been for 12 months and that never stopped me from being able to check account statements etc online.) Could this be another Crap1 tactic to cause delay in claiming back charges etc.

 

dpick:mad:

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Hi dpick

 

It is probably because it is in arrears. You should still pay the monthly payments as usual even though you are after your charges. If you don't pay, things could get worse, like a default on your record.

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Hi dpick

 

It is probably because it is in arrears. You should still pay the monthly payments as usual even though you are after your charges. If you don't pay, things could get worse, like a default on your record.

 

Uk

 

Hi ukaviator you are correct they say as in arrears but have been in debt management from July 2006 with regular monthly payments and this just happened today same day as CCA letter received from me.

 

dpick

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Hmmmm.. sounds like all the toys were thrown from the pram...

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Hi just checked my credit report yesterday and of the 9 creditors who I have with my debt management program, for the last 7 months I have been making payments every 4 weeks (cannot pay monthly as on benefits DLA income support etc) Debt management said thats ok you will be making 13 payments a year instead of 12 debtors will be happy with that. I have never missed a payment since then. But on the report Capital one have put me down as in late payment for all these payments. Even though they agreed to program with debt management company. Anyone got a tractor and muck spreader I can take to there office.

 

dpick:mad:

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Now i would pay to see that :)

 

i will be watching your claim since we are at pretty much the exact stage against crapitol one

and when he gets to heaven

to saint peter he will tell

one more soldier reporting sir

i've served my time in hell

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Now i would pay to see that :)

 

i will be watching your claim since we are at pretty much the exact stage against crapitol one

 

hi funboy well CCA first deadline on Monday coming 26/3/2007 and nothing from them yet, have been nosing around on site spotted PPI refunds and checked the statements I have kept from crap1 and its on them. After checking FAQ section think they mis sold me re Pre existing medical condition (diabetic) so will be trying for that. Problem should I claim separately or as a joint claim for charges and PPI. One thought if I combine both PPI and charges would they be more inclined to settle or fight. IE if it comes to court would I be able to include actual cost of refused DD, was PPI miss sold etc in allocation questionnaire.

dpick:rolleyes:

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hi funboy well CCA first deadline on Monday coming 26/3/2007 and nothing from them yet, have been nosing around on site spotted PPI refunds and checked the statements I have kept from crap1 and its on them. After checking FAQ section think they mis sold me re Pre existing medical condition (diabetic) so will be trying for that. Problem should I claim separately or as a joint claim for charges and PPI. One thought if I combine both PPI and charges would they be more inclined to settle or fight. IE if it comes to court would I be able to include actual cost of refused DD, was PPI miss sold etc in allocation questionnaire.

 

dpick:rolleyes:

 

 

 

Well 26/03/2007 not a peep from crap1 so I assume now in default and wait till 26/04/2007 for them to commit criminal offense. Big question do I need to do anything now I believe better for me to sit on it till end of 1 month from today.

 

comment please.

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Well 26/03/2007 not a peep from crap1 so I assume now in default and wait till 26/04/2007 for them to commit criminal offense. Big question do I need to do anything now I believe better for me to sit on it till end of 1 month from today.

 

comment please.

 

:eek: You mean Cap1 haven't even sent you 'thier' version of an Original Agreement? I suspect you'll get that next week.

Just hate every DCA out there

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:eek: You mean Cap1 haven't even sent you 'thier' version of an Original Agreement? I suspect you'll get that next week.

 

Hi I think they just have

 

States right across top of form

 

Capital One Application Form

 

Funny the letter states

The copy of your credit agreement is attached to this letter.

 

 

Image of crap1 - Photobucket - Video and Image Hosting

 

dpick:razz:

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Hi all got some advice regarding the CRAP1's "Credit agreement" advised to do nothing to give CRAP1 any warning that anything in pipeline even to pay them next payment.

 

The main advice was along the lines of give them enough rope etc.

next appointment 30 April will post then.

 

dpick:p

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Hi all believe it or not got all the usual crap from crap1, 30 pages explaining all the details that the initial codes stand for then full breakdown of all communications on my account another 49 pages then the good bit all copies of all transactions back to start of card in 2000 they don't give account balance on these so sod it I will calculate interest for each charge and PPI charge from date charged to when account frozen at 24.9% (interest rate on date frozen) this is going to be interesting will know total values when meeting on 30th about "application form" in reply to CCA agreement request

 

will post again then dpick:p

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I would ask for Contractual compounded interest too.. It's what they have charged you.

 

UK

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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I would ask for Contractual compounded interest too.. It's what they have charged you.

 

UK

 

Hi thanks would that be credit card advanced spreadsheet I have tried this and was very pleased about the outcome charges and ppi 1335.12 interest 693.78 this would clear card and leave me 300 over. Thats without any costs or 8% if goes to court.

 

dpick:oops:

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Hi dpick

 

If you claim Contractual, then you can't claim the 8% as well. Costs you get back, but i'm affraid only one bite of interest is all you can claim.

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Hi dpick

 

If you claim Contractual, then you can't claim the 8% as well. Costs you get back, but i'm affraid only one bite of interest is all you can claim.

 

Uk

Hi I am using the advanced spreadsheet (No 13 I think) this works out interest you would have paid on outstanding charges then transfers details to page with the option to add 8% to that.

 

Thats my reading I don't know if that would be called contractual interest, I believe what I am claiming is charges + interest I have had added to account due to charges similar to my claim from Halifax I claimed amount taken off me and if it went to court I would have added 8% but the b*****s settled before starting court proceedings.

 

dpick:confused:

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  • 4 weeks later...

Hi all had response form CRAP1 and got some advice

 

Crap1's response to CCA was "application form" not true copy of original agreement main part of advisers reply was you could have sent card back when you received it as you did not agree with terms etc so this could not be classed as a credit aggrement.

 

They have complied with SAR.

 

adviser studying documents in meantime I am to send CCA none compliance letter re CCA.

 

then options for me could be any of the following

 

1, agreement is unenforceable get card reconciled?

 

2, I was miss-sold PPI can reclaim charges, interest on these charges and claim interest at 24.9% for total of these.

 

3, reclaim unlawful charges, interest applied to these charges then claim interest on both by way of reciprocity.

 

anyone have any other ways that I can use to annoy CRAP1 apart from using a muck spreader on their office.

 

dpick:D

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