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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
      • 160 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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Monument Payment Break Plan. **won**


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Can a 'Reply Card' ever be a legal Agreement? Part of my SAR's request came a little photocopy purporting to be 'it'. No details other than my personal ones and a Declaration with Credit Agreement Regulated by CCA1974.....I am applying for a Providian Visa card..... (I can scan it later if necessary). No interest rate etc. Dated Oct 2002.

 

Also, actual statements were not included, only a list of usage and payments made each month (quite adequate for reclaiming charges). But I'm sure I used to see, stamped on my actual statements, something about Payment Break Plan. Of course, I now know that is same as PPI!

 

When I looked in the T&C's (they kindly included a recent copy of these) it had, in small print, that the PBP would incur a charge of 0.89% of the balance each month.

 

Question 1. Is this a 'hidden' charge added to the APR charged each month so you don't realise it's there? Or, should I be less cynical and presume that I opted out without realising??

 

Question 2. How on earth do you calculate that???!

 

Sneaky or what??!

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  • 7 months later...

pbp is ppi go get 'em

 

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... 

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  • 4 weeks later...

Be persistent with Monument.

 

They will try every trick to put you off making a claim,

however, I successfully made a claim on behalf of an elderly friend last year.

 

At that time they had a balance of about £2500 on their monument account and they were paying about £85pcm without really reducing the balance.

 

In response to the SAR they said they were not obliged to provide account details for more than six years and quoted the statute of limitations.

 

They ignored my reply that the Limitations Act allows for claims up to fifteen years following the event in circumstances when the individual was not previously aware of the claim.

I explained that the SAR had nothing to do with any claim but that it was an entitlement under the Data Protection Act and we were entitled to have all account details.

When they refused to comply with my request I made a complaint to the Information Commission Office.

 

The ICO upheld our claim and Monument immediately offered a refund of the balance on the account.

We also asked the Ombudsman to help with a claim for PPI refund.

 

After another year we have just received an account statement showing a credit balance of £6022.95 made up of PBP refund of £955.28 and PBP interest refund £5067.67.

When we called the customer relations number 01293 228702 there is a recorded reply explaining they are very busy

and quoting the number of days for refund calculations and refund cheque payments.

 

They will insist that PBP was not PPI in the beginning.

Clearly the Ombudsman is helping them see the truth!

Be stubborn, be firm.

Use all the guidance on this site.

It will help!

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  • 2 years later...

This thread can now be concluded!

 

 

Out of the blue, a month ago, received a letter from Monument offering me the PBP + a nice amount of interest. The PBP I'd paid back in 2003/4 was about £350 and the interest they offered took the sum to over £1600. Got the cheque a few days ago. Now in my a/c.

 

 

I couldn't be bothered to work out whether it was fair or not (I spent years fighting until I was exhausted). Also, for 6 years I was paying off the a/c balance at 0% interest. Such a relief to be shot of it all at last!

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Well done

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... 

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Share on other sites

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