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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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Could i have some advise please?!


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Hi there

 

I am in the middle of a claim against my bank for unfair charges & have been following this section too

 

I took out a 12 month loan with Marks & Spencer last xmas & was advised to take out payment protection (extra £150 on top of loan) now i have just realised that even if i needed to claim during the last year i couldn't because i'm in temporary employment. Does this mean that it was mis-sold to me & can i claim it back. When i put my application in my employer was an agency name.

 

The loan doesn't finish till february as the start was deferred for 3 months so should i wait till i've finished paying off the loan then claim or can i claim now?

 

If i am entitled to claim where do i start? Are there different letters to use than the bank claiming ones?

 

Sorry for all the q's just don't want to get it clear first!

 

Many thanks!!! :D

 

Lorraine x

 

P.S Does this apply to all payment protection on credit & store cards too as i've got loads of PPP on my GE store card again when i was in temporary employment so again useless to me!

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Hi having read your post I can tell you that you have one of the best case points for claiming "all" your ppi payments back, mainly because of the reason you have stated, and the person that sold you the ppi would of known you would not of been covered from the outset. what you have to do now is "cancel" the ppi part of your loan,by writing to the customer services dept or who-ever it says you should contact on agreement, and tell them you have been mis-sold this ppi from the start and want a refund of all your payments made upto this date, yes all ppi 's are the same so claim back on all of your loans if they are not covering you for what you think they are. I have done this many times before and have got every penny back and you are entitled to the same 100% no question about that, letter to send is below change the wording to suit your needs and use some or all parts that you think will help you, you must do this as you are paying extra money out per month for nothing.

So, the sample letter is as follows:-------------------------------

 

Complaints department

Bank's name & address

 

Re: account 999999999999999999999

 

 

COMPLAINT

 

Dear Sir or Madam,

 

I took out the above loan for £x,000 on dd/mm/yy. When I took it out, I signed up for Payment Protection Insurance. I phoned up on dd/mm/yy to ask to cancel it and was told that this is impossible. I am writing to complain.

 

Put in any of the following which apply:

 

When I took out the loan, I was told that I would not have been given the loan if I did not take PPI. I have since been told that this is not true, I cancelled all other payment protection plans for the same reasons listed below and received refunds of any payments that I had made .therefore consider that I had been mis-sold this expensive insurance, which I did not need and which I said that I did not want.

 

I was self-employed and therefore would not be eligible for any payments from the PPI . My situation was known to the person who sold me the loan, however he/she did not point out that the insurance was virtually useless to me so I think that I have been mis-sold the insurance.

 

When I took out the loan, I said I did not need the PPI as I WAS SELF-EMPLOYED, but I was told I should still take it out. As this is not correct, I consider that I have been mis-sold this expensive insurance, which I did not need and which I said that I did not want.

 

And in view of the way I was mis-sold the insurance, I ask for a full refund of the whole premium paid.

 

I remember speaking to the manager of my local branch() with-in days of taking out this loan about cancelling the PPI side of my agreement and he said it was too late now as the paperwork(agreement form) had already been sent to H/O(cardiff) which I have since also learned was not correct as all agreement forms are kept at local level,and all inquiries about this loan would only be handled at the local office

 

Yours faithfully,

 

nb There is no reason why you have to be able to prove that you cant afford the PPI before you cancel it, so in theory you should not need to send an SOA. However, I think it helps because it puts the bank morally in an even worse position if their PPI is causing you hardship.

 

so as said above just use parts or change wording to suit your needs but you get the idea!!! all the best with your claim cheers LES

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