Jump to content


  • Tweets

  • Posts

  • Recommended Topics

  • Our picks

    • 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
        • Like

Creation finance PPI reclaim advice needed please


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2452 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi, just a quick note to say I haven't forgotten about this thread, I will be back in the new year to try and move forward with it.

In the meantime I hope you have all had a good Christmas and have a happy new year.

Link to post
Share on other sites

  • 6 months later...
  • Replies 85
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Well it's been a while, been moving amongst other things, but now I would like to revisit reclaiming the PPI.

Just to recap I went to the FOS with the PPI complaint and they rejected it.

I now have funds to take it to court and see what happens and would like to hear suggestions about how best to start, what with it being over six months since I did not accept the Ombudsman's decision.

Do I write to Creation informing them that I am going to court, or just go straight to Moneyclaim without informing them.

Or should I just drop the whole thing.

I would also like to pursue Egg/Barclaycard through MCOL with regards to credit card charges, again do I inform them that I am starting court proceedings as it has been a while since their final decision.

Or again do I start MCOL proceedings anyway.

Any thoughts and suggestions will be greatly appreciated.

Link to post
Share on other sites

For your charges claims, start new threads for each in the appropriate bank forum.

 

For the PPI claim you would start by quantifying the claim amount and then sending a "Letter Before Action" and if no response or they refuse to pay then you issue in court. As the claimant the onus would be on you to prove mis-selling (the civil burden on the balance of probability).

 

You would do well to do some reading around as to how to take these through to a conclusion.

 

Link to post
Share on other sites

Thanks ims21, I will get all the necessary info together and use the spreadsheet to find the total.

With regards to proving that I was mis-sold I would be able to provide a verbal account of the sale and why it was mis-sold. Will this be O.K?

Link to post
Share on other sites

You will need to get to gather as much information as you can about the sale.

 

For example it would be good of you have a copy of the demands and needs statement, notes of any converstaions in the sales meeting etc.

 

The tighter you can make the claim the better.

 

Without reading all of the thread, have you ever done a SAR to the lender?

 

What were the reasons given by fos for not upholding your claim?

 

Link to post
Share on other sites

I have the demands and needs statement and can fully remember the sale of the PPI policy, especially the "it's free so you may as well have it"

The Ombudsman basically said that this could have happened, amongst other points of the sale, but could not take my word agaunst Creations.

Link to post
Share on other sites

  • 1 month later...

I got a reply back from the serious fraud office this morning telling me that the ppi I was miss sold to me by creatation is NOT in their remit for investigation and for me to persure creation via my local police...................another quango and waste of space the SFO.............thats "serious fraud office" folks the fact that they have fleeced thousands of us is NOT enough for the SFO

Link to post
Share on other sites

  • 9 months later...

To re-hash an old thread I now have the finances to start the small claims procedure.

 

The problem is, if this ever did get to court it would be a case of my word against theirs.

 

I KNOW that I was told at the point of sale that when the PPI was discussed, the salesman said "It's free, you might as well have it"

 

Also that I was not asked a single question about my work and benefits situation, just given a form to sign.

 

The Ombudsman at the FOS said he could not be sure of my statement of events because Creation gave me all the required literature.

 

I do also KNOW that if I was told the full details at the sale, I would have said straight away, thanks but no thanks

 

I have never took out PPI on any previous loans or cards.

 

Thoughts welcome

Link to post
Share on other sites

Anyone?

My thoughts here are that if I were to proceed I want to make sure I have a good chance of sucess.

I won a credit card charges claim through MCOL against Barclaycard after the FOS rejected it.

Though Barclaycard said it was to save on costs ;-)

The claim for PPI is around £500.

Link to post
Share on other sites

  • 4 years later...

Then go start a new thread

Of your own please

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2452 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...