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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
      • 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
        • Like

Bathgatebuyer v Halifax Visa PPI


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Hi all, another wee update. Got my mediation appointment through too which is in a few weeks time.

 

Can't believe this year long matter will be over with by the end of September.I'm surprised they've let it get to this stage as if I'm successful, I'm sure the FSA would take quite an interest in them being found guilty of mis-selling. The fines from the FSA can be huge, so why they are persisting rather than just giving me back my £1600 + £300 in interest I don't know, particularly when I read of so many of their cases being settled as 'goodwill gestures' for so much more money than I'm looking at.

Edited by bathgatebuyer

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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  • 2 weeks later...
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Mediation on Wednesday by telephone. If HBoS agree to pay me £2040 then I'll be happy (that being premiums plus interest & legals costs at the present moment).

 

Failing that, it's court, and if I win, a complaint going to the FSA over mis-selling with hopefully a substantial fine of the type that have been handed out to other firms guilty of mis-selling!

 

Nothing as yet in response to my CPR18 request, and also nothing in respect of my letter to customer relations advising that no interest should be accruing on this account while the account is in dispute (as per the PFT guidance) so I've asked for them to backdate £113 into my account reflective of when the dispute started. (I'm only following legislation and good practice guidance!)

 

If I was the Halifax, I'd just pay up tongue.gif

Edited by bathgatebuyer

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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How the heck they get away with not responding to your CPR18 request is beyond me; a blatant breach of Court Protocol ... :(

 

I'm wishing you all the best with this BGB and look forward to hearing about your positive outcome on Wednesday.

 

:):)

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To be fair to them, they've not had it long, so I'm not suprised they haven't responded as yet.

 

('To be fair......' is not a phrase I ever thought I would use with the Halifax!)

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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I've just added the GISC Rules for Private Customer Sales to the sticky at the top entitled 'some useful notes for claimants'. Note that at the time there was no distinction between advised and non-advised sales.

 

Also, been reading through the Treating Customers Fairly part of the FSA website where it pays particular attention to PPI.

 

"Poor practice we found included:

 

  • Not explaining the PPI product clearly, including significant exclusions and limitations of the policy.
  • Failing to ensure the customer was eligible to claim against the product.
  • In advised sales, not finding out whether the PPI policy was suitable for the customer
  • In advised sales, poorly put together statements of demands and needs that did not explain the firm's recommendation or tailor the information to the individual customer.
  • Inadequate systems and controls in place around the sales process. These could result in sales staff not following the firm's own processes, and ultimately for inappropriate sales practices."

Think it's quite clear what is and is not acceptable.

Edited by bathgatebuyer

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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  • 3 months later...

Hello BGB,

 

There has been a resolution but nothing I can comment on owing to a confidentiality clause.

 

If you're satisfied with the resolution that is all that counts.:D

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Hello BGB,

 

Hope it was a good outcome for you:-D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hello BGB,

 

Pleased for you:D

 

So here is my email address, House address, Telephone Number, Mobile Number, Car registration so you can go via cardiff!!, Brothers number etc etc just sneak the details through to one of them LOL:D

 

Pleased for you

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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