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  1. Having signed up here not too long ago in my quest to ascertain my rights with regards to whether or not I may have a valid claim against BMW Financial Services and/or the dealership that sold me the car, I now believe that I have been mis-sold PPI. In addition I also believe that the PPI product sold to me was misrepresented by the dealership. My reasons for posting here is to share my thoughts and to receive informed opinions and advice from the experts on this forum as to the validity of my beliefs. As such, any informed opinions or advice on the way forward will be hugely appreciated. Background: I purchased a BMW in April 1999 on a 36-month 'Hire-Purchase Agreement regulated by the Consumer Credit Act 1974'. This agreement was signed at the dealers' premises on the day I took delivery of the vehicle (30th April 1999). Having obtained a copy of the original credit agreement from BMW Financial Services, I see that PPI was definitely charged. I already had all bank statements (bar 3) showing the monthly payment, including PPI, being debited (via direct debit) in favour of BMW Financial Services. I also noted that the Agreement Number was handwritten but all other details were pre-printed, including the PPI Payments (referred to as ‘Credit Insurance premium payable with each rental’). The monthly payment made via direct debit included this premium – a total of 35 payments were made between 4th June 1999 and 4th April 2002 (inclusive). I then raised a PPI claim via resolver.co.uk stating the reasons as to why I believe the PPI was mis-sold. BMW Fin. Services wrote back stating "....can confirm that our records show that you were not sold a BMW-branded policy with your agreement" and goes on to say "You may wish to contact your BMW Centre to check whether you purchased a non-BMW-branded policy from them". The agreement clearly shows PPI being added (paid monthly, not front loaded). The agreement is signed just below a sentence stating "Signature on behalf of BMW Financial Services (GB) Limited accepting this Agreement". As such, this is where I believe the PPI product was misrepresented (I.e. nowhere was it apparent that there was another party involved other than the BMW dealership (Park Lane) and BMW Financial Services. Following the above I then wrote to BMW Park Lane forwarding the correspondence from BMW Financial Services and the PPI claim case notes downloaded from resolver.co.uk. Received a response from the Compliance Manager stating that my PPI claim was rejected, but no mention as to why I was sold a 'non-BMW-branded' PPI product. The reasons for rejection appear to be standard response, which has no bearing to my circumstances as they were in April 1999, further reinforcing my view that the PPI policy was mis-sold (i.e. they seem to hold that the fact that I was in fulltime employment at the time was a sufficient reason to take out PPI, notwithstanding the fact that I had life, critical illness and sickness cover from my employer, and had good grounds to be certain that I will not be made redundant, and if I was, then my remuneration package would have covered the outstanding balance). It appears to me that the dealership has implicitly acknowledged that they sold the PPI policy, but there is nothing with regards to it being a 'non-BMW-branded' product. As such, where do I stand with regards to the following, and what would be the best way forward; Pursuing the PPI Claim - BMW Park Lane have not stated that the correspondence I received reject my PPI claim was their Final Response, which I gather needs to be the case before I take the claim to FOS. Until 26th June 2017 I did not know that I had being sold a 'non-BMW-branded' PPI product since there is no indication whatsoever in the agreement I signed, and I don't recall BMW Park Lane even discussing the PPI policy with me. Their recent response also indicates that they did not know my circumstances, and did not attempt to understand them before adding PPI to the agreement. There was now clear way of refusing the PPI product when signing the agreement. Any and all advice gratefully received. Thanks in advance.
  2. I had a student bank account wIth natwest which has an over draft and a credit card. The overdraft is owing and the credit card is within its limit but natwest wanted to whole payment. A lot of the balance is charges! My graduate account was automatically changed into a graduate account even though I hadn't graduated (my studies took longer as I was ill) At the start of 2011 I went to natwest inquiring about a graduate loan. I wanted 10k to pay for rent, buy furniture and a car. I'd been living in Kent with my partner and we were relocating to my home town. The guy at the bank said this doesn't sound like enough and I should consider 15k. He also told me that paying back a larger amount looks better if apply for a mortgage. I stupidly was excited by this prospect and took the 15k loan. I had a conditional offer of employment that they took as evidence of income to pay it back. I eventually got this good job and was paying back the full amount every month. Until I fell really ill with a long term condition and heart condition etc. I entered into a payment plan which I was paying. Then for NO reason at all my account was mistakenly sent their collections department. Natwest admitted it was mistakenly sent there but while it was there I couldn't make a payment. It took them months to get it back from collections. During which they counted the late payments and my payment plan ticked away. They wouldn't let me enter another plan as I'd had one for 12 months. They harassed me, sent me 4 or 5 letters a day and called me all the time. I eventually had a seizure the day they sent me letters about lawyers etc. I have entered a debt management plan with step change and the most of my £150 payment goes to the loan They send me letters regarding my secured mortgage. Which is loan obviously isn't. I had nothing to secure it against! I have loads of defaults on my credit file because of this, which was immaculate before this loan. What can I do?! I really feel like they messed up but don't know where to start. Any help would be GREATLY appreciated.
  3. Hi, I hope I'm posting this in the correct forum and I hope someone can help. I'm a sole trader. In May, I had a phone call from a company called Big Green Book who act as a business directory. I didn't want to buy their membership but the salesman gave me the impression I could pay a percentage of the annual fee and get a taster of the service, with another payment in a month's time. He also said that there were many businesses, looking to acquire my product, who posted business opportunites on their website. I agreed, thinking I'd get a month's trial and a lead or two. I paid roughly three months worth as a first payment. I received an email with a receipt and a PDF attachment detailing how to set up my listing. Stupidly, I did not read to the bottom of the document where it states "You have entered into a fixed term 12 month contract and thus there are no cancellations or refunds at any point." This, however, was not pointed out at the time of sale. As I said, I thought I had a month's trial. It turned out the there were no opportunities for my business within that month. Indeed, the opportuities posted were nothing to do with any product I supply. I decided not to continue with the membership. A month after signing up, I received a call asking for the second payment. I refused, stating the reason above. After a bit of hesitation, the caller said I should put that in an email. I sent the email requesting that they cancel my membership and refund my payment minus one month's pro-rata membership fee. The reply I received stated that they "do not operate a wait and see policy on membership fees, your agreed split payments are clearly stated on the invoice." I checked the invoice and sure enough there is no mention of a trial period. However, I am adamant that this was the impression given by the salesman. We have exchanged emails with me stating that I think I have been mis-sold and them claiming I haven't. It's not huge amount of money but it's the principle at stake here. I refuse to be pushed around by this company because of their salesman's method of sale. I wouldn't dream of doing that to my customers. Can anyone help?
  4. Hi, I took out a HSBC Business Protection Plan when I took out a business loan. I now believe it was mis-sold as I was told it was compulsory and they wouldn't give me the loan without it. I'm hoping this is the same as PPI? and I am able to reclaim. Would really appreciate it if anyone knows of this product to let me know. I'm one half of a partnership, not limited, and we both had to take a policy in order to get the loan. Your help would be much appreciated.
  5. Hi, I am new to this forum and forums in general so please forgive any lack of etiquette. I am in very serious trouble and have been for years, and will shortly be going bankrupt and making myself homeless in order to get out of it. With what i'm reading and hearing, I may have cases to bring which I've decided to look into before going Bankrupt. I'll try to be as brief as possible. Below is a list of what i have going on and my comments & questions. I appreciate any assistance or advice for any of it. My problems stem from setting up my own business and it subsequently failing in the recession. 1, Mortgage on my home: Spml/Capstone/Ascenden interest only mortgage for 92k taken out in 05. Current outstanding is 97k. Obtained through broker. Late charges throughout the life of the mortgage. Currently in arrears but under agreement and 'safe' for the time being. Could this mortgage be mis-sold?, Are the charges refutable? Is the fact that I have been forced to take buildings insurance with them refutable? 2, 2nd charge on the property with Nemo Finance for 25k 2006. Currently in arrears but under agreement and safe. Charges throughout the life of the loan, current balance still 20k plus. Are secured 25 year loans being scrutinsed for mis-selling? 3, 3rd charge on the property for 25k with Halifax 2006 within 6 months of the above loan. Charges throughout the life of the loan. Same question as above. 4, Santander mortgage on another property taken out in 2004/5. Increased mortgage to 85k. Charges throughout the life of the mortgage. Ran into serious arrears 2011 to 3.5k. Started back in full time employment following the collapse of my business in september 2011. paid Santander 1800 in October and entered agreement. Missed the following 2 months payments due to more pressing debt catch ups with other creditors. House repossessed on the 18th of Jan 2012. Called the head of dept to try and get the repo reversed but was told i would have to settle the entire 85k for that to happen. Advised the woman that the property had been empty for years and that they should have notified me at my home to tell me what was going on. She did not know I had another house and thought she was making homeless. Despite the fact that my Santander bank account is registered at my home address and not at the repo'd house. House was on the market by the end of Jan 2012 for 1 day and was sold for less than half it's value, leaving me with a shortfall of 50k. They are now in pursuit of this money. the whole process from entering agreement, to sale of prop was 3 months. Do I have grounds to sue based on: duty of care to make sure they had actually spoken to me to tell me what was happening, consideration to my change of circumstances i.e. not earning any money until i went back to work in Septemeber, after which I paid them 3 quarters of my 1st months wage. giving me the chance to sell the house for a larger sum, or to a family member so as to not lose (what they thought) was my main residence, allowing the property to sit on the open market and not accepting the first and only offer on it for less than half its value. the property has now had it's refurb (which I had done half of) completed at an estimated 20k and is worth 120k. Santander sold it for 45k. Additional borrowing had PPI attached. 5, HFC personal loan taken out circa 2005 for 7500. current staus is 12500 owing. I paid a company 500 to see if this had been mis-sold which took about a year. They came back and said it was enforcable, but they got my ppi back. Since then i have not recieved any demands for payments but do recieve a yearly statement telling me the balance is 12500. I do not know why they do not chase me for this anymore. 6, Halifax current account, charges totalling at least 6k over the last 10 years. Already put a claim in but was told by them that they were fair and the court case ruled against payouts. Is there any point in attempting to reclaim this money? 7, Santander/Alliance & leicester bank account, Charges througout the life of the account. Apologies for the convoluted way this is written, I am currently putting together a more concise and detailed history of my circumstances in order to submit to somebody that may take up any or all of these cases. I am finding it all a bit overwhelming and want to find out if people think I do have relevant grounds to bring cases. Also, how would I go about this? Does anybody know a good manchester based law firm that deals with this? Please help. My wages don't cover outgoings and I only eat 3 weeks out of every month to maintain my current status. Any help is appreciated and i can go into more detail on any points above if requested. I also would like to know if it is possible to sell the house I live in now for less than it is mortgaged for ( and therefore not covering the 2nd and 3rd charges) as I know from experience that if I hand the keys back, they will simply gice it away and chase me for more shortfall. Best Regards,
  6. Hi kaz320, I have just written out a long winded message detailing where I am upto, only to be told I don't have a high enough score to send it to you and then it was lost. Pretty infuriating but there you go. I have an interest-only mortgage with Spml/ascenden/capstone. it was sold to me by a broker in 2005 for 92k. it now stands at 98k. What can you tell me about mis-selling of mortgages of this type? Do you know of cases that have been successful? How do I go about it? I am going to be chasing them for charges also, but this is a seperate issue Any help greatly appreciated. Regards, D.J.F.
  7. Hi all, In 2010 I bought a sports car for a price representative of a vehicle of its type in top physical condition. I was advised by the dealer that it had recently had an engine rebuild so I had to drive it gently for 500 miles to bed it in. The car was ultra-high performance and was really an enthusiasts-only model, so I did not view it as unusual that it would have a rebuild after 59,000 miles. One month and two breakdowns later - both of which involved the car being towed to a garage - I took the car to a specialist in that type of vehicle. They said if the engine had been rebuilt, a blind man did it. Furthermore, the engine mounts were loose or missing, as were the battery mounts, and the suspension was a disaster, PLUS the sump was leaking, some hoses were loose or worn, all the cylinders failed compression tests and different types of spark plugs were used in the cylinders! Bear in mind I had been advised to drive it GENTLY, so I had not known all of this was wrong, I just knew there was something up with the car and it wasn't fit for purpose! The car dealer said they never told me the engine had been rebuilt - but this had been part of their sales pitch (due to it being an extremely high performance vehicle)! At no point did they tell me it came fitted with snow tyres (!) or that extensive work was needed - the independent experts estimated £2,000-£2,500 to completely restore the engine. The dealer refused to reimburse me or accept a return of the vehicle. Two further follow-up letters (along with pages of supporting invoices etc) I sent to them by recorded delivery were returned unopened months later. I had two further car breakdowns including the terminal one where the engine was destroyed and I had to sell it for scrap at a tenth of the price I paid just 7 months before. Since the local Citizen's Advice Bureau never answer their phones ("no-one is available to take your call") and I worked unpleasant hours, and the ladies at my local small claims court warned me dealers just declare bankruptcy, I gave up in despair. Two weeks ago I learned I have six YEARS to complain and demand compensation, so I have put together every supporting document I could beg, borrow or steal, and my case basically speaks for itself. Can anybody advise me if something like this happened to them, and how likely I am to get any money back? I am not going for the full value but will pursue up to £3,000. I am still in financial trouble because of that car. All the helplines I have tried direct me to one another and state they cannot provide legal advice, so what's the point in them existing?
  8. Hi my mortgage was with gmac from 2001 to 2009 hit with dd charges and late paments 50 pounds a month these were added to mortgage arrears i calculated at least £3500 in charges what can i claim back plus interest
  9. I have read of many individuals considering attempting to recover mortgage arrears charges and I have read the FSA's statements on the subject but I have never read of anyone successfully recovering a meaningful amount of mortgage arrears charges back. Have you?
  10. As mentioned in the title i had purchased this car on 16/09/12 with my son. The car is a fiesta 2009 1.6 tdci and all seemed well besides a few scratches to which the salesman knocked £200 off for. All was well until today i took the car to my garage for a full valet which was then i realised that there was a patch of carpet glued over a hole on the passenger side. I then lifted the carpet and to my horror i had then seen holes for which dual controls would have gone. I then also noticed a clean scratch free square shape on the roof where the learner sign would have been. When purchasing the car i had asked the garage who owned the car and they said it was company vehicle hence the higher mileage and on the logbook was the name of a company of which sells and hires cars. I was NOT told it was a driving instructor car at the time. I contacted the garage today and the seller has refused any wrong doing despite him admitting that he knew it was instructors and didnt tell me and refuses to refund my money or even give some compensation:mad2:. Please tell me what are my rights on this and how would i go about them? Thank You
  11. Hi all I'll try and keep this as concise as possible. Basically; I booked a holiday via secretescapes.com, specifying the 16th of July as the start date, the 23rd as the end. Secretescapes did not provide specific times/dates to me before asking for payment. I was unhappy about committing to paying the full amount before receiving this information but trusted it would be reasonable, or correct at least so went through with it. I received a confirmation email from secret escapes specifying, as i'd expect "Check in date: 16th July, Nights: 7", but no flight details The following day I received an email from [edit] with an attached pdf specifying the following flight details. Departure - Gatwick, 16/07/2012 21:00. Arrival - Dalaman, 17/07/2012 02:55 Departure - Dalaman, 23/07/2012 17:55. Arrival - Gatwick, 23/07/2012 20:20 This means I'll be checking in on the 17th of July, and staying for 6 nights, despite having paid for 7. I emailed justholidays explaining that wasn't the holiday they paid for me, to which they said they could amend my flight details to these, but at a supplement of £90 per person ( £180 as two of us ). Departure - Gatwick, 16/07/2012 07:20. Arrival - Dalaman, 16/07/2012 13:10 Departure - Dalaman, 23/07/2012 14:25. Arrival - Gatwick, 23/07/2012 16:40 I replied ( tactfully ) explaining that I should have logically been supplied with this in the first place, and asked if the fee could be waived, to which he said no. I emailed again explaining that it was confirmed that I'd be staying for 7 nights from the 16th and I shouldn't need to pay £180 to get a holiday that I should have been provided with originally. He responded fairly quickly saying that it is "our understanding the flight times were made clear to you prior booking the holiday", going on to say "Could you please contact Secret Escapes regarding this?" ( also mentioning they consider the original package to be 7 nights, apparently spending a night at gatwick airport part of my holiday package , and the supplement is subject to availability and availability will vary ) As it stands, I have now forwarded my email conversation with Paul from at justsunshine to support, asking them that they change the details. Given most companies are more interested in getting away with what they can, as cheaply as they can than providing a fair service, I'd be very surprised if they changed my details to provide the holiday I paid for, but will wait to see what they reply. I appreciate the "business, small print, bs logic" in them considering that checking in on the 17th is the same as checking on the 16th, but the fact is, and the "actual people logic" is my holiday has been reduced to 6 nights, and I'm arriving on the wrong day. Has anyone had a similar experience, or is there anyone that can share any insight, or perhaps help me along the way in getting the holiday I actually booked? I've looked at The Package Travel, Package Holidays and Package Tours Regulations 1992 and think these parts particularly apply to my situation. Descriptive matter relating to packages must not be misleading Significant proportion of services not provided Terms implied in contract If secretescapes refuse to sort this out, is it worth replying citing those regulations? Can anybody help me with what context I should use this in, ie, how can I make it sound like I will ensure these regulations will be enforced, and how can I actually make sure they are enforced?! Would it be worth contacting the office of fair trading? Is there anything else I can do? I'm sick of companies like this taking the p*ss just because they think they can, hiding behind their corrupt terms and conditions and putting the general public out of pocket and causing stress, to benefit the greed driven managers and share holders, and am determined to get what I paid for so am grateful for any help/advice. Thanks Jake
  12. Heya. Me and my boyfriend joined a gym in a hotel close to our house. It was for six weeks as a promotional trial and when the date ended my boyfriend went to cancel it but was told by a very helpful girl at the desk that he can sign on and when he wants to cancel he needs to give 28 days notice. so...he joined again thinking that he could cancel after 28 days. now...when we first joined I signed for the 6 six weeks and he signed for the six weeks, two different documents but payed through direct debit from my bf account. when he signed another contract after those 6 weeks i was not present. now the trouble is that we wanted to cancel , and I found out that there was no possibility to cancel. after long discussion with one of the team leaders there i was offered a suspension of accounts for a year or reduction in the fee. I did not want to go for any options but my boyfriend went alone to talk with the woman and took the reduce membership. he realised that was another of their marketing/seling strategies and we want to know if we can do anything about it?
  13. Hi all hopefully someone can help me. Last Thursday I phoned a local holiday company and asked if they could give me a price for a holiday. I had already been given a reasonable quote from another company but just wanted to check I couldnt get it cheaper. The holiday company got back in touch quite quickly and said they had a great price and they could do it for £x. As this was 20% cheaper than the other quote I jumped at the chance and agreed to go into their premises to finalise the holiday booking. I handed over my credit card and the person took the deposit money. Strangely because i didnt have my pin number for my credit card the salesperson took the last 3 digits of my card and wrote on the reciept 'seller not present'. A little unusual as I didnt think they could do this. The sales person then finally showed me the breakdown of the total holiday cost and to my shock I noticed the holiday price wasn't what I thought it was. The price he had quoted my on the phone before coming into the shop was PER PERSON! Meaning the holiday was a lot more expensive than the other quotes I had gathered. When I raised this the salesperson disagreed and said no this was always the case and it was quoted as per person. He literally said as he had taken the deposit money there was nothing I could do to cancel the holiday!! I was so angry with myself I had been niave to accept the price was always as a whole and not per person. But the salesperson never at any time sat down with the total costs and explained everything to me. 4 days have now passed and I have still not received any reply from the shop regarding this and they say they are still trying to get in touch with the cruise company. I have since heard the sales person phoned the other holiday company I received a quote from and asked how much the same holiday would cost. Amazingly they phoned up and pretended to be a member of my family wanting to book alongside us. Has anybody any idea what I can do??? Any help will be appreciated. Regards M
  14. My mother wanted to remortgage the house and get some money to pay off some personal debts my father had left behind. She was booked an appointment by a broker friend to see the someone at Natwest bank. The following week my mother went to the bank in Piccadilly, London with my brother. At the branch the lady opened a advantage gold account stating that she would get a better mortgage offer if an advantage gold account was opened. My brother asked about the charges for the account, the lady at the bank said that there would be no charges until the account was opened and money had been deposited into the account. The mortgage did not go through, so my mother left it at that thinking since the lady said that if no money was put into the account than she don't have to pay charges . Now comes a letter from Apex Credit Management saying that Natwest has passed the account onto them for non-payment of bank charges. How can my mother challenge this since she was mis-sold the bank account was mis-sold? Thanks
  15. I am researching the methods that Lloyds have used to sell investments to their customers. I believe that there may be reasons for concern. If Lloyds, or their acquisitions, Halifax and Bank Of Scotland have sold you an investment prior to April 2010, please reply to this thread so we can discuss and I can give you further information. We may be able to help each other - and others.
  16. Hi chaps, Bought a car from a local car dealer in January 2011. On the date of the sale the sales man said the car had a full service history and spare key which he would pass on to me when he received it from previous owner (a doctor as he pointed out several times) and I, probably naively, thought nothing of it and said fine as I needed the car that weekend to start a new job. After three months of chasing, phoning 2-3 times a week for this history and trying to contact the previous owner through the log book details I have not seen one shred of history or spare key. This surely will have an adverse effect on the value of the car when I come to sell it as it has covered nearly 80,000 miles and a full history would surely make a difference to its value. Not only this, if I knew there was no service history I would never have purchased a high mileage car, previous careful lady doctor owner or not! As 3 months have past and I have exhausted all avenues I was wondering whether I have grounds to ask for a full refund, for mis-selling the car and all the aggravation and hassle I have gone through to retrieve the service history and spare key? Finally, how would I pursue this? Trading standards? Thanks in advance for any help/advice.
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