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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.

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      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.
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      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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Roscodog18 V Loans.co.uk


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I have sent of a prelim to loans.co.uk asking for a refund of my PPI premium plust contractual interest... I was told that PPI was a condition of the loan!

I received a letter thanking me for my letter which tells me they will respond within 4 weeks.............I'll let you all know what happens.

 

Has anyone else dealt with loans.co.uk? I know that the FSA fined them £455,000 for mis selling PPI in October 2006

"What counts is not necessarily the size of the dog in the fight; it's the size of the fight in the dog."

Dwight D. Eisenhower

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loans.co.uk are a credit broker and dont lend any money as such.

however, if you look at your credit agreement it will say that the PPI is optional and they may use this against you as you signed for it.

To be honest i think they will likely just give you the money to avoid any argument or any further investigation

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Thanks for the reply,

 

Kennsington mortgages are the lender, they refered me back to Loans.co.uk.

I was told that without the PPI I would not get the loan and I was informed that all conversations were recorded..........

 

Roscodog

"What counts is not necessarily the size of the dog in the fight; it's the size of the fight in the dog."

Dwight D. Eisenhower

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Thanks for the reply,

 

Kennsington mortgages are the lender, they refered me back to Loans.co.uk.

I was told that without the PPI I would not get the loan and I was informed that all conversations were recorded..........

 

Roscodog

 

Hello Roscodog, All conversations were recorded and have they given you copies. If not ask for them. Did you do a SAR if you did, then they should have provided copies of these calls.

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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  • 3 months later...

sorry for the slow update..........loans.co.uk deny doing anything wrong...so in early /December I sent an SAR under the data protection act.........ignored ...so i called ther informationion officer 3 weeks ago......we will get the info to you but we are having a problem with the telephone conversation recordings.....the very thing that will prove that the PPI was mis sold.....coincidence....I think not........fast forward to now..I claim on my PPI as I am now not working........surprise surprise I am not covered for this........and now I have a letter confirming that the policy I was told I had to have to get the loan is worthless as it does not cover me for being out of work......Time to take them to Court.....or is the FSA a better bet?

 

Roscodog

"What counts is not necessarily the size of the dog in the fight; it's the size of the fight in the dog."

Dwight D. Eisenhower

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sorry for the slow update..........loans.co.uk deny doing anything wrong...so in early /December I sent an S.A.R - (Subject Access Request) under the data protection act.........ignored ...so i called ther informationion officer 3 weeks ago......we will get the info to you but we are having a problem with the telephone conversation recordings.....the very thing that will prove that the PPI was mis sold.....coincidence....I think not........fast forward to now..I claim on my PPI as I am now not working........surprise surprise I am not covered for this........and now I have a letter confirming that the policy I was told I had to have to get the loan is worthless as it does not cover me for being out of work......Time to take them to Court.....or is the FSA a better bet?

 

Roscodog

 

Hello Roscodog,

 

What a interesting chain of events, they mis-sold it, they can't prove they didn't and it was worthless.

 

It is the Financial Ombudsman Service that you would ask to investigate your claim, but they will only look at it if the loan/cc was taken out before I think 2004/5:rolleyes: If it was before that, your route would be to issue via the court.

 

I would certainly report them to the Financal Service authority, the Office of Fair Trading and Trading standards:D More black marks against their name.;)

 

Keep us posted: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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  • 2 weeks later...

I finally got the documents requested in my SAR but only a recording of one conversation......not the one where I am told that the PPI is condition of the loan:mad: However in the recording I do have my wife clearly states that we do not want or need PPI......the sales rep goes on to quote including it anyway.

 

The documentation supplied clearly says both my wife and I are self employed ( I had a limited company but was the sole shareholder) ..........but our PPI covers redundancy......not when you are the only shareholder in the company ( I have the rejection letter) :mad:.

 

So I think I have clear evidence that the policy was missold on at least two seperate issues.

 

Final demand for repayment of PPI plus interest in the post tomorrow.

 

Is Court or FSA, FOS the best course of action? The loan dates from late 2005.

 

Thanks

 

Roscodog18

"What counts is not necessarily the size of the dog in the fight; it's the size of the fight in the dog."

Dwight D. Eisenhower

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I finally got the documents requested in my S.A.R - (Subject Access Request) but only a recording of one conversation......not the one where I am told that the PPI is condition of the loan:mad: However in the recording I do have my wife clearly states that we do not want or need PPI......the sales rep goes on to quote including it anyway.

 

The documentation supplied clearly says both my wife and I are self employed ( I had a limited company but was the sole shareholder) ..........but our PPI covers redundancy......not when you are the only shareholder in the company ( I have the rejection letter) :mad:.

 

So I think I have clear evidence that the policy was missold on at least two seperate issues.

 

Final demand for repayment of PPI plus interest in the post tomorrow.

 

Is Court or FSA, FOS the best course of action? The loan dates from late 2005.

 

Thanks

 

Roscodog18

 

Hello Roscodog,

 

Good news then:grin: Interesting about the recordings of the calls, ask them again for it and get written confirmation from them that they do not have it, if they don't ask for a certificate of destruction for it. This will let them know that you know what you are talking about.

 

Now as regards who you complain to:-

 

Make a complaint to the Financial Services Authority, they will not investigate the case, but will file the complaint against the company and if they have enough cases, they will investigate and fine them hugely:grin: They have just fined hfc thousands for mis-selling ppi. couldn't have happened to a nicer company.:p

 

If your loan was taken out late 2005, You can approach the Financial Ombudsman to investigate your case, but they can take some time and I believe they are upholding 80% of cases in favour of the creditor. Its free

 

You can issue court proceeding against them, but you need to ensure that your particulars of claim are water tight and that you have a good case, which you have. This will involve court costs, but they are claimable from the defendant.

 

If you approach the Fos and they do not uphold in your favour, you can them get them via the court, but unfortunately not the other way.

 

Good luck to you in whatever you decide:grin: and again if you need help ask.

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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Thanks hellhasnofury,( your advice is invaluable)

 

I amennded my letter to include a request for them to fully comply with my SAR or a certificate of destruction.....and detailed the clear mis selling of PPI on two counts.........I gave them 7 days to refund or FOS and FSA complaint.

 

I think I have a clear cut case..........

 

roscodog

"What counts is not necessarily the size of the dog in the fight; it's the size of the fight in the dog."

Dwight D. Eisenhower

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  • 4 weeks later...

Having provided loans.co.uk with proof that we had life insurance in place when we took out the loan in question I have now recieved a letter offering to refund the full PPI premium plus they will contact the lender to get an exact interest figure which will also be refunded.

 

Sounds like a result? :)

 

Roscodog18

"What counts is not necessarily the size of the dog in the fight; it's the size of the fight in the dog."

Dwight D. Eisenhower

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Having provided loans.co.uk with proof that we had life insurance in place when we took out the loan in question I have now recieved a letter offering to refund the full PPI premium plus they will contact the lender to get an exact interest figure which will also be refunded.

 

Sounds like a result?

 

Roscodog18

 

Hello Roscodog,

 

It is sounding like a very good result,:-D Are you asking for contractual or statutory interest on top of them returning the ppi premium and interest they charged you:-D after all it was money that they took from you, you could have had that money sitting in some account that attracted large amounts of interest:-D

 

Please let us know when you get it:-D

 

Well done, excellent news :-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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I asked all along for contractual interest to be added.........the letter states that this is their policy and I sent an authorisation leter by return so that the lender can release the exact interest figure that has been charged.:)

 

Roscodog18

"What counts is not necessarily the size of the dog in the fight; it's the size of the fight in the dog."

Dwight D. Eisenhower

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  • 4 months later...

I havn't been on for a while..........could a mod please change the title to 'WON'

Paid in full inc. contractually interest.

 

Roscodog

"What counts is not necessarily the size of the dog in the fight; it's the size of the fight in the dog."

Dwight D. Eisenhower

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I asked all along for contractual interest to be added.........the letter states that this is their policy and I sent an authorisation leter by return so that the lender can release the exact interest figure that has been charged.:)

 

Roscodog18

 

Roscodog18

 

It's probably too late for you now but I think you've misunderstood the question posed by hellhasnofury in her previous post.

 

If you've been mis-sold PPI then there is no doubt whatsoever that you are entitled to reclaim any interest incurred as a result. Clearly, this interest will have been charged at the contractual rate.

 

However, should you get as far as court and win you would also get statutory s.69 interest as a matter of course. Furthermore, you could also - and this is, I think, what hellhasnofury was intimating - ask for compounded contractual interest at the same rate as the loan company charged you.

 

The argument is, essentially, that the loan company was unjustly enriched at your expense and that this represents an equitable remedy whereby you recoup what they have, in all likelihood, made by lending out money of yours they should never really have had at an extortionate rate.

 

I've got a claim against NatWest for mis-sold PPI totalling little more than £500 back in 1998. When contractual interest is added to this and compounded it takes the claim to almost 3.5k.

 

Fred_Funk

NatWest: seeking unlawful charges + interest incurred as a result of those charges of £4,292.82 and contractual interest (compounded) of £4,559.41. Court claim issued 16.01.08; acknowledgement of service filled by Cobbetts on 30.01.08

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