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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
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PPI & MBlinkingNA


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Story so far:

 

CCA request made. No agreement sent, but have not disputed this...yet.

 

S.A.R request made. Statements / data sent.

 

Charges reclaimed - cleared most of balance, small amount outstanding.

 

Request for PPI to be refunded sent. MBNA had included a copy of original application form with S.A.R, NO was ticked for PPI box.

 

PPI refund refused.

 

NOW:

 

I need to respond. MBNA have said the following:

 

1. Hubby requested cover over the 'phone in '02, but they haven't recorded call. Staff would know to give correct details to customers about cover. Hubby has no recollection of such a call!

 

2. Verbal acceptance was enough they didn't need him to sign anything as T&Cs gave time to cancel. They have enclosed T & Cs from '06.

 

3. PPI premiums would have shown on statement. Customers are reminded to check statement carefully.

 

4. Further T & c s sent in 07 - could have cancelled then (we had cancelled in '06 and asked for refund which was refused "based on terms and conditions of contract" - at the time we just accepted this).

 

 

My Arguments will be:

 

1. No recollection of 'phone call. Surely if they had a record of a conversation we should have had details in the S.A.R request?

 

2. No credit agreement.

 

3. Did not query payments earlier as did not realise we could - hence mis-sold PPI.

 

4. T & Cs sent were not sent when card was taken out.

 

Please let me know if you have any thoughts or tips ;)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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MBNA are talking a load of b*****cks as usual. How convenient that they say PPI was requested over the phone when there is no proof, I think you have them by the short and curlies. I am still waiting for a response to my first letter requesting PPI and they say they are still investigating. Its taken them nearly 2 months, I dont know how long it takes them to find out they are in the wrong.

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Well, unfortunately for MBNA i haven't had a good week and i'm getting really hacked off with these big, cheating companies. I won't be holding back when i reply.

 

MBNA and Barclays are going to get my full attention over the weekend. Barclays won't even cancel the PPI.

 

We'll get there in the end Pennypenny i'm sure. What will we do with our time when we've resolved our financial issues hey?? :???::rolleyes:

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Hi Hopeful 1, you may have to edit this a bit, but could be helpful, as at least once you have satisfied their complaints procedure then you can contact within your rights the Financial Ombudsman.

 

COMPLAINT

Dear Barclays/MBNA, COMPLAINT

 

I took out the above loan for £xxx / or signed up for your credit card on dd/mm/yy. When I took it out, I did not sign 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.

 

I have been advised that I should be able to cancel the PPI contract at any time and receive a partial refund of the premium that I have paid. I would like to do this.

 

I would appreciate a reply to this letter within fourteen days. If you reject this complaint, I would be grateful if you could explain whether you provide an internal appeals process. If you do not, please supply me with a final response letter, so that I can take up the matter with the Financial Ombudsman Service.

Love and hugs

Hopeful1 ;)

 

 

 

  • Haha 1
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I might start watching TV again:D Or then again perhaps not...

 

MblinkingNA have lost nearly 10k cos they couldn't find my CCA:lol::lol:. After they breached who knows how many of my rights (including ringing my neighbours) I think they deserved it. It was all interest and charges anyway.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Hey Red - i feel liek i'm at home now you are here!! Thank you for the letter. I know that FOS can deal with B'clays cause it's only couple of years old. MBlinkingNA is a different story. I will of course post my progress.

 

Goldlady - 10k? good on ya!! I bet it wasn't an easy fight. I will look up your thread over the next few days. As for time on this site, i am learning to multi task. Inbetween posts tonight i've been watching Sex & the City* and put up a new wardrobe for my little boy!!

 

* I don't know why i watch this because Carrie Bradshaw really irritates me sometimes!

 

So, with this much excitement as an alternative, i think it'll be a while before i leave CAG :p

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Hopeful it didn't even get as far as a thread - it was a very quick victory;). More on the way hopefully (pardon the pun). Irresponsible lending, mis-sold PPI - well time they paid for their rip offs methinks.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Hopeful it didn't even get as far as a thread - it was a very quick victory;). More on the way hopefully (pardon the pun). Irresponsible lending, mis-sold PPI - well time they paid for their rip offs methinks.

 

 

I shall look forward to it all.

 

I think MBNA have made a few "smelling pistakes" too - now it's our turn :D

 

Good night all ;)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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This sounds like the response I have had from MBNA - I "requested" PPI over the phone according to them, but they have no proof and have said so in writing. I cancelled it when they tried to sign me up to life insurance that I hadn't asked for.

 

Currently pondering my next letter...

Loz

I hate Alliance + Leicester

BT: No longer a customer :)

HSBC: £1222 refunded 28/5/06; Second claim of £737-24 refunded 9/11/06; PPI + interest on personal loan refunded 27/7/08

MBNA: £100 refunded on first claim of £112; £208 refunded on second claim for £108 24/9/07; PPI £256-28 refunded 8/4/08

NatWest: £1581-71 refunded 16/12/06; personal loan CCA agreement not provided

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Hi Loz

 

I'm going to base my letter on Red's (see a few posts up). I won't however, but offering them the option of a partial refund, i'm trying for it all. I haven't got anything to lose, anything will be a bonus.

 

I will also be asking why info re phone call wasn't in S.A.R and can i have a copy of the call transcript which details the conversation. Cause without that or a recording (which they've admitted they don't have), telling the court they're psychic aint gonna cut it!!

 

My letter will let them know i am not giving up easily.

 

Good luck with yours. Let us know how you get on ;)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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PROGRESS SO FAR....

 

Not a lot!! Seriously, I have made an extremely thorough response to all the points made in their letter re gimme my (OH's) money back. To be honest, i think my little boy could have made a more convincing argument than the one they've made. But hey, if the composition of the rubbish i received justifies someone's salary than fair play.

 

Let the games commence....:p:D

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Hi Hopeful1, good on your for requesting the whole amount, and not a partial PPI refund. Think that they really are going to struggle to prove that you/OH verbally agreed.

Now I have heard of companies attempting to apply signatures to documents, but not yet heard of voice recording substituting as Hopeful1/OH!!!

Red

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