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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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Camdenite Vs. Capital One**WON**


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Hi all, I will be posting my LBA tomorrow morning after waiting the required two weeks since my initial request to claim back charges of £1,288. I should expect the usual partial offer at this point, I assume?

 

When I actually come to taking them to court, what method does everyone suggest? MCOL or via the courts? I've read through a lot of threads on this site and MSE, and it appears that everyone here reccomends going via the courts, while it seems MSE contributors have had just as much success with MCOL. Does the size of the claim and who is defending it have any bearing on which route I should take?

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It is a personal choice wether to N1 or mcol.

 

A lot of people here like the N1 as the court will check over the paper work for you.

 

But it makes no difference really.

 

If you combine claims then its advisable to N1 as it can be hard to fit details on the POC.

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  • 2 weeks later...

Hi, I'm just about ready to start my claim against Cap One and want some advice. I'm still not sure if I should go via MCOL or issue a N1. The total of charges is £1,288, and In my First Letter I requested this plus £307 in statutory interest (£1,595 in total). I hear that it is difficult to fully include the particulars of your claim sufficiently in MCOL, unless your claim id for a relativey small number of charges? Does this leave N1 as the best option for me?

 

My Letter One included the list of charges, dates and amounts charged, but not the reason for charge. Is this something I should ensure I include on my claim now?

 

I phoned Capital One on Friday to ask if they wanted to settle in full before I start court proceedings and they said a letter was sent out on Thursday offering me £470 (I haven't received anything in the post yet). I declined this and said I would proceed with my claim for the full amount. Does anyone know how Capital One deal with this? Is it merely a letter saying drop proceedings and we'll send a cheque for £470 or do they actually send a cheque with the letter? If they send a cheque I could accept without prejudice, but would I have to re-submit my N1 (or MCOL)? I should probably wait for tomorrow's post, I guess?

 

Finally, I have included only statutory interest of 8% so far. Am I able to change to compound interest at this stage? Having looked at the N1 form help from the templates library on this site, I'm not sure how I should include it on my claim within the Value field of the form? A duffers guide to interest would be of help!

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I've just sat down and double checked my figures before submitting the court claim and discovered that I was £52 out in my initial letter & LBA! Can I include this £52 now when submitting to the courts or will this give the bank a loophole?

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You can add charges up to the date you file court action, just update your spreadsheets and attach with court claim. You should also make sure you have the reason for the charge, capital one call them a fee but put them down as a charge ie: overlimit charge. Cap One will not pay you in full until you file court claim but once this is done they will probably file an acknowlegement of service which will give them up to 28 days to file a defence, you will hear from them during this period by letter and it will confirm they will be paying your claim.

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That's good news regarding adding the charges I missed out initially. It's even better news that they seem to be settling without me having to prepare an AQ. I'd already assumed to call everything a Charge rather than fee on my spreadsheet. Thanks for pointing it out though.

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Just got home to discover no written offer from Capital One has arrived. As I mentioned, I was told that a letter was already in the post to me on Friday. I'm chomping at the bit to issue my N1 tomorrow (I have a morning off work) for the full amount including statutory interest, but does anyone know how Cap One deal with things? Do they write saying "we are prepared to offer... if you drop the case" or do they actualy deposit the funds in your account or even send a cheque?

 

If they deposit money into my account, would I then have to ammend my N1 claim or can I demand that they take it back?

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When you file with the court, they usually Acknowledge, file a defence then pay out a week or so later. You should get your settlement in full after this.

 

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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Not at the moment, but make sure you get it right. Never underestimate the enemy here, but looking at their History and from personal experience with them, they are easy to deal with.

 

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 done. . just the wait now.

 

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'nt bother now. Just the wait for them to Acknowledge the claim, file a defence, then pay up.

 

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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Capital One have a pattern, which has been like this for over 6 months. I believe they are easier to deal with than Abbey..

 

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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  • 2 weeks later...

Won!!! It was a nice way to win too. I was away at Glastonbury queing for the cash point for about an hour (those who've ever been know that's about normal) when I thought I'd better check my balance on the Cap One card in case my current account was at it's limit and I discover that Capital One had credited £110 to my account.

 

I took that to mean they had agreed to settle in full, and sure enough, when I arrived home this evening the letter confirming my victory :D was on the door mat and also one from the court saying they will defend my claim. It must have been a quick change of heart!

 

A further cheque will arrive for the balance of the claim within 14 days from the letter, dated 18th June. I guess I should wait until this has been received and cleared before I inform the court that the claim is settled?

 

Finally, thanks to everyone who has helped on this and CAG should expect a donation from me soon.

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Well done...Congratulations

 

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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