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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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PPI and IVA


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Hi Consumer,

 

Yes, if you have good reason to believe it was mis-sold you certainly can claim it back, regardless of your current circumstances.

 

DJ

 

 

 

 

 

 

Thanks for that, OH is considering an IVA with debts that have PPI on them, so this is good to know.

 

Would you know if there are any exemptions to the six year claim back on the PPI ?

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Am not sure what you mean by exemptions to the 6 year claim back on the ppi consumer. You can claim back PPI at anytime within 6 years of realising there may have been a problem/mis-sell, if that's what you mean.

 

I believe that if the PPI is included in the amount outstanding, this would be included in any IVA you enter into. Then if successful with a claim for mis-sold ppi, the total amount outstanding could be reduced by the amount of refund. Depends on whether you want the refund paid directly to you, or used to reduce the debt.

 

DJ

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Am not sure what you mean by exemptions to the 6 year claim back on the ppi consumer. You can claim back PPI at anytime within 6 years of realising there may have been a problem/mis-sell, if that's what you mean.

 

I believe that if the PPI is included in the amount outstanding, this would be included in any IVA you enter into. Then if successful with a claim for mis-sold ppi, the total amount outstanding could be reduced by the amount of refund. Depends on whether you want the refund paid directly to you, or used to reduce the debt.

 

DJ

 

 

 

 

 

 

RBS has confirmed they are returning the PPI, but are not accepting liability, however IVA has not been set up yet.

 

OH would perfer PPI amount to be returned directly, do you think thats likely ?

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Dude,

 

Have you already done your calculations to check the amount they are refunding is correct?

 

RBS do have the right to reduce the refund by the amount of total arrears outstanding on the loan. This is called "the right of offset". But they are only allowed to keep the amount of arrears. The remaining balance should be paid in whatever way you choose.

 

Personally, I would write to RBS confirming receipt of their offer and outlining the amount of arrears which they may take from the refund and stipulate how you would like the remaining balance to be paid.

 

Would not put it past them to refund the whole amount to your loan, so best to outline how you expect any monies due to be refunded.

 

Good luck

 

DJ

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  • 8 months later...

My sister has been repaying her IVA for eighteen months and we have just realised that we can claim back the PPI on her many c/c's. If successful, will the IVA organisation expect to have the money to reduce the debt or can my sister have it refunded directly to her? She is currently under going Cancer treatment and is having a rough time. Would she come under the hardship rule?

 

Any assistance in this field would be greatly appreciated.

 

Shelley

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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What about when a IVA is completed? Do you calculate from when you pay into the PPI scheme, right up until the IVA starts, or is the PPI payments included with in the IVA payment? I.E, say I was paying PPI payments for two years, then entered an IVA for five years, should my claim be for two years or seven?

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