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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 
      • 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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Credit Expert Insurance Reclaim? **WON £150 Compensation**


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Hi Guys,

 

I have had credit expert for probably the best part of 2 years,

i did the whole free trial and never bothered my bum to cancel it,

but i do use it alot to see if my credit score has increased by 1 point :-D ,

similar to when you open the fridge to check for food, there is none,

 

but yet you open it hlaf an hour later to see if any has appeared!.....

 

i recently went to cancel it and the girl on the phone said i could put you on the £9.99 package,

i asked about it and she said its just the same thing but without the insurance,

 

when i heard this i was a bit peed off as i never wanted insurance in the first place,

 

even if an identity thief stole my details and got credit i would be intrigued rather than annoyed as my credit rating is as good as a soggy card board box!

 

My question is

 

can i reclaim that extra £5 back dating it since i never wanted it in the first place??

 

If so how would you go about it?

 

I dont want to start a new PPI fad or anything just want ma money back for something i didn't even know i was purchasing or needed.

 

Cheers

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Just tell them to cancel it. They are a private business and will try anything to get you to keep paying. Theyre almost as bad as DCA's. Their rating for example is completely meaningless, yet they still expect you to pay for it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Looking on their website, it states that of the £14.99 monthly fee, £6.40 of that is for insurance? This may have changed since you joined however if they offered you a package without the insurance then it should be £8.59?

 

When you signed up, did the agreement state that the insurance was included and did you have the option of not taking it.

 

You would need the sign up details to see what was what I think.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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£6.40 and charging me £9.99 still?

 

It was only last month she gave me the £9.99 offer, so cant have changed since then!..

 

..I remember when i signed up for it,

it was just a simple form you filled out then put in your bank details,

then after verification that was your credit report available.

 

There was no choices presented in terms of choosing what package you wanted to be on.

 

Just offered 30 day free trial followed by £14.99 a month thereafter.

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This is an extremely interesting issue and by coincidence I know someone who has had an identical experience very recently.

 

There is no doubt in my mind but that the insurance is effectively missold.

 

It is sold as part of a package and there is no option to opt out of it. Furthermore, there is no enquiry by Experian as to whether the insurance is an appropriate product for you - for instance, you might have another insurance which gives you similar protection elsewhere. This means that you woul have duplicate insurances in place - and I can guarantee you that you won't be able to claim from both of them; only one or the other.

 

Once you have signed up with Experian, if you hunt around there is somewhere where you can decide not to take the insurance - and not only that if you eventually decide not to continue with the free trial and you tell them why and you complain about it, the chances are that you will have someone telephone you to discuss it and if you are persistent enough they will offer to continue the credit file part of the contract without the accompanying insurance.

 

When this was all drawn to the attention of Experian, a manager avoided the question of whether there was an opt-out at the time of making the contract - but instead was at pains to insist that the insurance provision was clearly stated and that no one could be in any doubt that insurance cover was part of the deal and that the cost of it was clearly stated. This was true of course, but what the Experian manager was completely unwilling to admit was that there was no opt out.

There were several lame attempts to say that if you wanted you could discuss it with them and they would let you opt out. However they were unwilling to admit that this lack of an opt-out opportunity was never drawn to anyone's attention and that the clear impression was that the insurance portion was a compulsory part of the deal.

 

Apparently Experian are well aware of this issue because one Experian staff member told me that they regularly received complaints about this.

 

I think that this is an important issue. Experian are are very important organisation and which has its fingers in the lives of everyone. There is very little control exercised over their activities and although they are meant to be under the jurisdiction of the FOS, I don't get the impression that much regulation is exercised.

 

I think that you should make a formal complaint to Experian - in writing, of course - but also on the phone if you can record the call.

Eventually I think that you should complain to the FOS - who no doubt will be very unhappy to get involved and whose approach will be even more lukewarm and limp-wristed than with the banks.

Let's see where it goes.

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I can heartily agree with Mr Bankfodder.

 

I looked as far as I could and while there was a side box regarding the insurance and advice to check whether your own policy covered the ID theft etc. but I found nothing about an opt in/out.

 

As this (to me also) looks like mis-sold insurance, reclaim it but I would go as far as claiming statutory interest as well (Currently 8%) Nice interest on your money

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If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Anyway what i said was, thanks Bankfolder and silverfox! Very helpful response! I will be whipping out the "To whom it may concern" letter and if that fails i go straight to the FOS. I will keep you guys updated on the responses i get from CE. Thanks again for the great reply.

 

Gotta say loving this forum much better than MSE! If i had posted the same thing on MSE would have had folk slating me rather than giving good advice!

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really this could be fun!

 

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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  • 5 months later...

Hi Again!!

 

Thought i would drop an update of everything that has happened so far! As dx100uk stated this actually has been quite interesting and a fun process!!

 

  1. After posting to this forum i wrote in to Experian demanding a full refund + 8% statutory interest as awarded to others in similar cases (PPI cases) for the mis-selling of their ID Theft Insurance thing or whatever it is!
  2. They responded denying any form of mis-selling and refused to pay out, so i kept to my word and went straight to the FOS to submit a complaint.
  3. Following this i exchanged letters with Experian basically explaining why they were wrong and as expected the replies were saying they weren't wrong.
  4. During this time the BBC and Daily Mail got in touch with me about this case. Following the publications of the radio broadcast and newspaper article Experian wrote to me and offered me £115 to keep this case confidential and to withdraw my complaint from the FOS. Initially i accepted but quickly got in contact again to turn down the offer as i want them to suffer as a result of their misbehaviour and for everyone to get their premiums back.
  5. Most recently a FOS adjudicator was in touch with me on the phone, basically the FOS are investigating Arc Legal (the insurance provider), although the mis-selling is Experians problem. However it has become clear that the FOS can only go after Arc Legal as Experian were not regulated by the FOS prior to 2011 (i believe that is the date given). Experians legal team are currently trying to move the case solely over to them as if they were to be successful then the FOS cannot do much about it and i will have to chase it up in court....no problem :)

 

So exciting times ahead, again if anyone has a Credit Expert account or have done so in the past write and ask for your money back as well as submit a complaint to the FOS, the more the better. If anyone wants advice on anything i have done so far please feel free to drop me a message.

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I wonder how far it goes back

 

as my subs were only £6.99

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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Dear Griffzilla

 

Thank you for your email, which we received on 15/05/2014.

 

*CreditExpert Membership

 

I have checked our records and can confirm that you are currently under £9.99 membership where Identity Fraud Expenses Insurance is also included.

 

If you have any further queries, please call us on 0844 481 0800. Our lines are open Monday-Friday 8am until 7pm and Saturday 8am until 4pm.

 

Calls cost 5p per minute from a BT landline; calls from other networks may vary and include a connection fee. Calls may be recorded for training and monitoring purposes.

 

Kind regards

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Love how they say to call them, so they can fob you off. The operaters are glorified sales people. They will say and do whatever it takes to keep you subscribed with them.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thats funny how you are on the cheaper package but yet still have the insurance element still included...

 

I was £14.99 as standard and when i called to cancel it was £9.99 without the insurance...But when you look deep into their site, insurance is £6.40, which still does not add up!

 

Honestly dont get Experian they seem to be running a funny business.

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Can I say well done for not accepting based on the confidentiality agreement. Companies like this option as it sweeps the issue under the carpet. Thankfully. now the media have become involved, Experian cannot do a thing about it.

 

I think Arc legal will see their profits fall as more people see this for what it is.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Thats funny how you are on the cheaper package but yet still have the insurance element still included...

 

I was £14.99 as standard and when i called to cancel it was £9.99 without the insurance...But when you look deep into their site, insurance is £6.40, which still does not add up!

 

Honestly dont get Experian they seem to be running a funny business.

 

The variation in price isn't significant at all. It's just negotiation and lots of businesses work like this (although negotiation is more common in B2B sales).

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  • 2 months later...

Well just to put this thread to bed with the final case of story.

 

After first posting to thread,

 

my case hit the media on in the Daily Mail and BBC Radio 4 Money Box show.

 

I took my case to the FOS

 

who in the end successfully got my refund,

 

originally it was £112,

 

however asking for a breakdown from Experian,

they 'got the figures wrong' and instead sent me a crisp Barclays cheque for the amount of £150.00 (£8 more than i was due after interest :wink: )

 

However to my disappointment,

the FOS refused to adjudicate the case,

in other words make a rulling declaring whether i was right or wrong

and whether Experian were actually mis-selling insurance (which they ARE!).

 

the FOS will deal with any similar cases on a case by case basis.

 

after my success and my new found wealth of £150

 

i urge others to make their claims

 

if you have ever had a Credit Expert membership,

 

its £6.40 per month + 8% interest, so its worth it if you have had it for a few months.

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Hi TFD and thanks for the useful update.

 

No surprises about the FOS decision. If the case is settled by you accepting an offer, the matter ends there.

 

Even if the FOS ruled on your case, it would not set a precedent for other cases.

 

I hope this encourages others to look to Experian for refunds.

 

:-)

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Well done for seeing this through. This insidious little practice needs pulling up.

 

Hopefully Experian will have changed their application forms now to reflect their poor practice.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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This is good news indeed :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I'm thinking of having a go with them also,

 

Letter this morning saying they are moving everyone's membership over on the 14th August to their 'new improved service' with direct access to their award winning customer service team so you can speak to one of their experts to get help and understanding, managing and improving your score.(0800 number)

 

A new improved Victims of fraud service with direct access to your own dedicated fraud case worker if you think you have been a victim of fraud.

 

You also have the option to move to their alerts only service, which costs £3.99 per month and will send you alerts whenever there are certain changes to your report.

 

Their new Terms & Conditions they say are for 'housekeeping purposes' (for example to remove references to insurance) and they don't negatively affect your rights or responsibilities in any way.

 

 

Aye well :)

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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  • 1 month later...

I spoke to experian this week and they said I do not have the identity cover fraud crap insurance.

 

My membership is £9.99 and that's without any insurance / ID protection, If I had that level it would be £14.99 a month.

 

My membership once was £6.99 but had to pay for each report I wanted. Now £9.99 but don't have to pay for reports.

 

So is 9.99 the new price with ID / Fraud and they are pulling the wool over my eyes or are they right it's without and the £14.99 is with protection.

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Hi,

 

They keep pushing the £14.99 but I noticed they say "Customers who have been with us for a while may be on a different package. If you have any questions about your package or price then please call us"

 

I'm not exactly sure how their pricing works, I just cancelled mine and I'm going for the £2 whenever I want a look offer :)

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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