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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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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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dorisfluffy vs capital one ***WON***


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I have received a goodwill cheque which I have banked as I need it to file the court claim. I sent a letter back saying thanks for the cheque see you in court for the rest. Now that I'm ready to file I'm stuck about the amout to claim. I got a cheque for £122.00, I am claiming £326.00 plus interest at 19.0% which is the average over the years I am claiming but how do I change my spreadsheet to incorporate this change? And what do I put on my POC now I have had this 'goodwill' cheque?

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Ok had a re-think this morning since mother called in to say she was off to pay my cheque in from Cap One (I thought it had already gone and mother got upset and offered to lend me my court costs! Yeah!!) I used one of the template rejection letters to send to Cap one when I got my cheque so I can still send it back and claim for the lot. Right here's my question:

Can I alter my interest that I have been claiming in my letters to Cap one as reading the other threads again I think I've got it wrong, also can I remove that interest and just claim the 8% instead without informing Cap one before I file my N1?

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Hi Doris

 

Did you start to claim contractual interest from the start? Where do you think you have gone wrong?

 

Uk

WARNING TO ALL

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Yes I did but after reading through other threads I think I'd rather claim just the 8%, the APR may be off as I didn't know for certain how to work out the average properly and on one spreadsheet the interest is more than the claim on another its less so I'd prefer to put in a claim which I know is correct.

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Ok, sometimes the interest is more than your charges depending on your APR rate. Once the MCOL is completed you just have the wait of around 6 weeks. They may file a defence after Acknowledgement, 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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  • 5 weeks later...

Well what a nice surprise. I sent my N1 off to my local court the day before going on holls for two weeks. Arrived back yesterday to a nice letter off Capital One saying I'm getting my money back as a goodwill gesture! I WON! The cheque is on its way!!! Donation will be on its way once cheque is recieved. Thanks to all the help from this site.:) :)

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Well done . ..congratulations

 

Don't forget to fill in the survey and a donation to help others. . .

 

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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