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    • 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 
      • 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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kashie V MBNA***WON***


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Hi,

After waiting for the full 40 days for my statements from MBNA, they have proceeded to send only a list of charges to my account and sent the £10 cheque back uncashed!!!

 

This is what they say in the letter:

Thank you for contacting us. your subject access request had been passed to me to respond to.

Under section 7 of the Data Protection Act 1998 as per your request for statement information, please find this information enclosed.

We have provided this information to you free of charge on this occassion.

Are they correct in doing this and becasue they have returned the cheque, what do I need to do now???

 

Please help!

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Hi kashie,

 

I had the same responce, Just go on to the next stage of your claim. Which is the prelim letter.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html

 

use the template letters in order. Stick to the timetable in there.

 

LINKS....

FAQs....

Templates Library....

If you have charges going back further than six years read in here;

http://www.consumeractiongroup.co.uk/forum/general/80486-claiming-beyond-6-yrs.html

There is also live chat, visit if you need any quick advice.

http://www.consumeractiongroup.co.uk/forum/chat/flashchat.php

Finally good Luck.

Happyolddog.

 

If my advice helps please tip the scales, left.

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  • 1 month later...

Had a response from MBNA today offering me 280 pounds instead of the 918 that they really owe me. Of course this is not good enough, time to issue a claim.:)

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  • 2 weeks later...

Recieved a cheque yesterday for £280 from MBNA.

 

The letter states:

 

We would like to resolve this matter and i have therefore arranged for a goodwill payment os £280, to be sent to you by cheque within the next ten working days on the basis that this is in full and final settlement of your compliant.

You may know that the OFT issued guidelines in April 2006 for the level of credit card default charges. MBNA disagrees with the OFT'S interpretation of the law and continues to maintain that its default charges have always been fair, legal and transparent. However, we decided to reduce our default charges to £12 with effect from 28 June for late payments and returned payments, and 28 July for overlimit fees.

Unfortunately I have not stuck to the time scales involved so will it be ok to return the cheque and inform them that I intend to claim the full amount now?

 

They gave me eight weeks in thier offer letter in which to respond before they assume that the matter is closed, the eight weeks has not expired yet so I presume to proceed will be OK?

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Hi Kashie, Can I ask... do you have an outstanding card balance with MBNA? The reason I'm asking is that I'm trying to figure out whether MBNA refund the charges by cheque to everyone -whether they have a balance on the card or not, or whether you only get a cheque if you card balance is nil? I've tried searching the threads for the answer already, but am not getting anywhere. Thanks, Dizzy.

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No, I have an outstanding balance with them, which has defaulted on several occasions. The cheque was tempting, but not worth £918!!

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Yeah, I see what you mean - I'm not sure I'd send the cheque back though - why not accept it as partial payment while you pursue the rest? There are quite a few threads around where people have actually done this - why not you? Thanks for that though - its nice to know that they're actually offering a cheque and simply not crediting your account with it. :)

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Hi Dizzy, just to let you know that when I sent my SAR they responded with their standard letter with a goodwill payment of £330 to be credited to my account along with a list of charges totalling £800, but I am a little suspicious that all charges have not been included in the list that they sent me. So I may give them a ring and see what they say.

 

Not sure why some are paid by cheques and some of us are getting accounts credited...

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LOL I have been paid by cheque and credited to my account, and a phone call from Emma Mole, who wishes to settle things once and for all(still 3k in debt, with them).......she even suggested the 24.9% interest to charge them, what a nice lady :D

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Perhaps I'm being a bit thick, but whats the 24.9% for? As for cheques and credits to accounts, perhaps they're just trying to keep everyone on their toes - I don't think that any of the banks have a 'set' way of dealing with us. I don't care how they pay me - one way or the other will be fine, as long as they actually PAY! :)

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24.9% is the highest interest rate, which I paid on the charges. Even if I was paying 19 odd% when I first had the card, she suggested on just doing it all at 24.9, so with the spreadsheets in the templates, I set the interest to 24.9%.

 

a £20 late payment charge, from 3 years ago comes back at £18 odd interest when set to the 24.9%.

 

Hope this helps

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I used the complex one, and down the bottom click on the tab for 8% and then at the top right, change the 8 to what you need.

 

I should have used the proper one, which would have worked out better for them, but as they suggested I used the highest rate charged me, for the whole lot......well who am I to argue.

 

Just got to wait for the cheque to arrive, to see if they keep to what they said on the phone.

 

PS...Sorry Kashie for hijacking this thread

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