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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
      • 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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The High cost of Key Financial Claims


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Just to show the folly of using a claims company, Key Financial Claims charge 33.9% of successful claims and a fee of £295 + vat if you withdraw.

 

These fees are at rip-off rates. It cost them no more to claim back £10,000 than it does £100 but they take on hell of a lot more of 'your' compensation.

 

1.6 “Fee” means the fee of 33.95% (including all taxes applicable from time to time, if any) of the compensation payable to Key Financial Claims Ltd for the services carried out by it; if we recover £600 of compensation, our fee would be £203.70 (including all taxes applicable from time to time, if any) and you would receive £396.30.

 

3.6 subject to clause 3.7 below, if this Agreement is terminated by the Client for any reason, pay Key Financial Claims either £295.00 plus VAT (cancellation fee) or, if the Claim has already been submitted by Key Financial Claims and Key Financial Claims proceeds with the Claim and the Claim is successful, the Fee or the cancellation fee, whichever is the greater;

 

If you think you have been missold ppi, then claim it back yourself for the price of a couple of stamps and keep 'all' the money repaid.

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Also, clause 3.6 is capable of being unenforceable for unfairness under UTCCR - as well as capable of being an unenforceable penalty.

 

DO NOT get involved with any company which attempts to foist this kind of condition upon their customers.

 

I see that on the internet there are a number of links to discussions involving this company.

 

Also they seem to have gone through some name changes - which always makes feel uncomfortable.

Also they seem to be involved with some kind of tele-marketing operation.

http://whocallsme.com/Phone-Number.aspx/01162492462

 

Conclusion - avoid PPI reclaim companies in general. Avoid Key Financial Claims.

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