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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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Br4ndy vs CapOne - MCOL Stage ***WON***


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Hi all... this is my first CC claim... but sure wont be the last!

 

Story so far... Recieved my SAR with full statements/printouts, etc

Sent Prelim claiming 900 pound charges, plus 641.02 pound interest at contractual interest rate of 25.44%. (i averaged all the different rates they charged my over the years) (16th March)

Recieved an offer (same letter everyone seems to get) of 218.87.

Sent offer refusal along with LBA (25th March)

Received nothing

As i didnt have enough money to pay fo filing claim at court, i sent a stalling letter, giving them a further 7 dyas to re-consider!

Recieved a letter saying their offer still stands, but refuse to pay what i want...

Completing the MCOL stage now....

 

I have ben reading through the posts and am a little stuck on how to word my POC... does anyone have a template i could browse?

Can't wait to get something from these!

Br4ndy VS HSBC

11th Dec - Prelim sent for 2907.42

29th Dec - LBA sent

12th Jan - Offer Recieved 2,500

15th Jan - Offer accepted :D

 

MyWife vs HSBC

5th Jan - Prelim sent for 1653.23

20th Jan - LBA Sent

7th Feb - Offer Recieved 1,350

8th Feb - Offer accepted :D

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i dont need to add the 8% if claiming contractual do i?

this is what i got so far, please tell me if i am way off the mark...

 

Account Number -xxxxxxxxxxxx

Account opened - Dec 2002

Charges from 12th Dec '02 to 16th Feb '07

Schedule of these charges have been supplied 3 times, I will be supplying a further copy.

The defendant has levied charges and interest, and the contractual term which allows charges is unfair and contrary to common law.

I am claiming £900 in charges, and £671.13 contactual interest at a rate of 25.44%. This rate is derived from an average interest rate charged to me over the past 5 yeas.

Br4ndy VS HSBC

11th Dec - Prelim sent for 2907.42

29th Dec - LBA sent

12th Jan - Offer Recieved 2,500

15th Jan - Offer accepted :D

 

MyWife vs HSBC

5th Jan - Prelim sent for 1653.23

20th Jan - LBA Sent

7th Feb - Offer Recieved 1,350

8th Feb - Offer accepted :D

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This is the one i used, without the daily rate as it won't fit if your using MCOL. Use the N1 if you need a longer version:

 

Claimant has a Credit Card account xxxxxxxxxxxxx with the Defendant opened over 6 years ago,conducted on their standard terms and conditions.Claimant is claiming the return of £xxx taken by Defendant in the form of overlimit and late payment charges. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law.They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.Defendant has declined justification of charges despite repeated requests.The claimant claims interest from (day month year) to day(month year) of £xxx.xx at the Contractual Compounded rate of 23.8%.Total of £xxx.xx.

This i used with MCOL a while ago. You don't claim 8% if your claiming Contarctual interest, it's one or the other.

 

Hope this helps

 

Uk

WARNING TO ALL

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great, thanks...

umm, does my claim have any issues with Human Rights Act 1998

Br4ndy VS HSBC

11th Dec - Prelim sent for 2907.42

29th Dec - LBA sent

12th Jan - Offer Recieved 2,500

15th Jan - Offer accepted :D

 

MyWife vs HSBC

5th Jan - Prelim sent for 1653.23

20th Jan - LBA Sent

7th Feb - Offer Recieved 1,350

8th Feb - Offer accepted :D

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No. . .

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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Thanks ukaviator... all done now... can't wait for a result!

Now onto BLACK HORSE!

Br4ndy VS HSBC

11th Dec - Prelim sent for 2907.42

29th Dec - LBA sent

12th Jan - Offer Recieved 2,500

15th Jan - Offer accepted :D

 

MyWife vs HSBC

5th Jan - Prelim sent for 1653.23

20th Jan - LBA Sent

7th Feb - Offer Recieved 1,350

8th Feb - Offer accepted :D

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  • 2 weeks later...

just logged in to mcol.... aknowledged today 8/5/07.

 

Now i guess i just sit back and wait

Br4ndy VS HSBC

11th Dec - Prelim sent for 2907.42

29th Dec - LBA sent

12th Jan - Offer Recieved 2,500

15th Jan - Offer accepted :D

 

MyWife vs HSBC

5th Jan - Prelim sent for 1653.23

20th Jan - LBA Sent

7th Feb - Offer Recieved 1,350

8th Feb - Offer accepted :D

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Yes. . they may file a defence first. . check your account everyday online. You are so close. .

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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where would it say if a defence is filed?

Br4ndy VS HSBC

11th Dec - Prelim sent for 2907.42

29th Dec - LBA sent

12th Jan - Offer Recieved 2,500

15th Jan - Offer accepted :D

 

MyWife vs HSBC

5th Jan - Prelim sent for 1653.23

20th Jan - LBA Sent

7th Feb - Offer Recieved 1,350

8th Feb - Offer accepted :D

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On the online section under Capital One it says Acknowledged and the date. This will change to Defence entered.

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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  • 3 weeks later...

just got home from a weeks work and got a letter from Capital One!!!

 

I write in connection to the above court claim.... blah blah blah....

Whilst we do not accept liability for ypour claim, i have in an effort to resolve this matter without the need for a court hearing, today refunded 1472.26 to your accouynt. Together with the refund of 218.87 that was added to your account on 22 march, we have paid your full claimed amount of 1691.13.

blah blah blah, purely a gesture of good will... blah blah blah

 

SO I WIN!!!!

 

900 charges + 691.13 contractual interest (25.44%) + 100 court fee!!!

 

Just went on the mcol site to tell them its settled... and they entered a defence 6 days AFTER they sent this letter!!!

What do i do to cancel it!?

Br4ndy VS HSBC

11th Dec - Prelim sent for 2907.42

29th Dec - LBA sent

12th Jan - Offer Recieved 2,500

15th Jan - Offer accepted :D

 

MyWife vs HSBC

5th Jan - Prelim sent for 1653.23

20th Jan - LBA Sent

7th Feb - Offer Recieved 1,350

8th Feb - Offer accepted :D

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Well done ...congratulations.

 

You need to write to the court and let them know Capital One have settled. Great news..

 

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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well, yea its great news.... but i havenyt actually got the money yet... so will wait till then before i celebrate!

 

do i continue as i am untill i get the cheque? or write to the court?

Br4ndy VS HSBC

11th Dec - Prelim sent for 2907.42

29th Dec - LBA sent

12th Jan - Offer Recieved 2,500

15th Jan - Offer accepted :D

 

MyWife vs HSBC

5th Jan - Prelim sent for 1653.23

20th Jan - LBA Sent

7th Feb - Offer Recieved 1,350

8th Feb - Offer accepted :D

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Share on other sites

Just wait until you have your cheque before you send the court a letter. At the moment everything is still ongoing until you receive it.

 

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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