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    • Strange final response. They say that they are still investigating but they are giving you their final response anyway. Seems like a load of nonsense. Have you got a copy of what you then sent to the ombudsman? Anyway, for the moment although would like to know – it really is all for curiosity because as you have put it into the hands of the ombudsman it's probably not worth doing anything more until you have a reply. I would suggest that when you decide to spend this kind of money in future on a used car, that you understand exactly what your rights are before you make the purchase. When you buy anything – and maybe especially used car you should realise that you aren't only paying for the car, you are also paying for a bundle of consumer obligations which are intended to bind the dealer. You are paying for a vehicle which is of satisfactory quality and remains that way for a reasonable period of time and you are paying for any defects which emerge to be addressed and repaired at the expense of the dealer. We've already pointed out that by purchasing the warranty, they have effectively persuaded you to pay for something for which you have already paid. Very decent of you not to want to cause trouble in respect of defects which manifested themselves within the first few weeks. I have no idea why. For £78,000…. This you say that they were age-related problems – that is still no reason why those defects should have been there or why the dealer should not have been responsible for them. It seems to me that you have a clear case against the dealer/the finance company. We don't have many or any PCP purchases on this forum. However, it seems to me that the finance company is probably responsible for the condition of the vehicle because effectively you have bought it from them and to that extent it should be the same as HP. With a hire purchase agreement, it is as if you bought the vehicle directly from the finance company not from the dealer and it is the finance company which bears all the consumer obligations. I think the only thing you can do is to monitor the situation. Update us when you hear from the financial ombudsman and if you need to take the matter to court then we will help you. In principle it should be straightforward – but certainly there is a risk of a serious bill for costs if you lose. I don't see you losing. Did you say somewhere that the report suggested that the vehicle was unroadworthy? Have you got the advertisement for the vehicle? Does it make claims for the vehicle which are clearly untrue? And by the way, four hours away from you is what kind of distance? Have you read our used car guide? Have you looked at the video?
    • there's one in this thread.. i wonder if its the same, they seem to be identical regardless each time we have a thread with one Vehicle Control Services Privacy Notice, Brooke Retail Car Park, HA4 0LN - Private Land Parking Enforcement - Consumer Action Group  
    • It was really this daft Privacy Notice we were after, but no worries, I'm 99% sure it doesn't count as a NTD otherwise in his letter Simple Simon wouldn't have offered the discount of paying £60 instead of £100. Apologies for jumping the gun earlier. It's a pity your friend paid.  It's neither here nor there if Excel would back down or not.  They are not some statutory authority.  They're just a cowboy private company.  The only way she could have been forced to pay is if a judge had ruled against her in a court hearing, which is highly unlikely given she could have proved to have been elsewhere. I see her "offence" was in May 2023 so logically Excel and their signs were there by then.
    • Thanks for your reply. Their final response was just an email (seemed a bit unprofessional) but FOS seem to have accepted it as their final response. So the issues that I realised within the first few weeks to me at the time seemed like age related stuff and I didn't want to cause trouble and in hindsight I realise I should have pressed harder but I think my heart was being used more than my brain at this point. And yes I now believe extended warranties aren't worth the paper they're printed on, in all fairness to the dealer they did sort these initial issues out when warranty wise rejected them. To touch on your questions, the car was purchased using PCP so deposit with 4 years of monthly payment then a balloon payment at the end or return the vehicle. My pcp agreement was on the basis of 10k miles per year but I think I've currently done 12k miles since Sept 2022 lol. Elite Inspections suggested FOS as stage probably because they're free so I took their advice. When I got the car it had an MOT around 4 months beforehand I believe My MOTS after have been done by private MOT garages (I guess they tend not to comment on panel alignment etc) As for defects from day one - please note they gave 6 month warranty through warranty wise but everything was rejected through them: Passenger side ambient lighting wasn't working (whole trim panel needed to be replaced - dealer paid) Engine would randomly shut the down completely (instead of start stop function) at traffic lights and junctions (software updated in the end - dealer paid) Sat nav screen would freeze/ stay off for a whole journey (intermittent fault, still not sorted/diagnosed) Boot stopped working (new battery needed - dealer paid) The A-pillar trim between the passenger door and windscreen was coming away from the car making a very loud whistling noise as you drive on the motorway ( dealer paid to replace but has come off twice since this repair which shows me the car has potentially bent out of shape so that panel won't go back on) initially was reported within 3 months of ownership and due to part shortages I held out for the parts to come back into stock which ended up taking 6-7 months (TECHNICALLY they had their first chance to fix, and within 2 months it went wrong again but the first repair was massively delayed due to part shortages) Seat belt warning wasn't working (not beeping if you drive without belt on - software reset dealer paid but really put me off from this point as it suggested car had been electronically tampered with) Sun roof was stuck open on one side due to a bent rail around 1 year after purchase - warranty company rejected due to it being pre existing fault apparently. Bodyshop repaired and from this point he pointed out the damage on the car but Alphera just wanted me to deal with Clinkard Clinkard were offering solutions which ended up with me losing nearly £40,000 in a year and them being able to sell another car to me at full price. It was this point I regretted being too nice and trying to keep the peace as it had gotten me nowhere. Advised Clinkard of the cost and opportunity for them to speak to the customer they bought the car from but advised there weren't any issues and advised Alphera too and they suggested that I get the inspection done and here we are now lol Please let me know if I've missed anything out sorry about the essay 😅 email.pdf   Sorry forgot to mention the dealership is around 3-4 hours away from me and was a distance sale and I just went to collect it after transferring deposit/ Finance being accepted.
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      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.  

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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Help please need refund on PPI


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We have a secured loan on our property that we took out In feb this year of £22k, we purchased the PPI along with as I was told we would get all our premiums back at the end of 5yrs (which would total approx £4k) so I thought it was worthwhile doing

 

However, we have now decided to sell our house and move which means we have had to get a mortgage to cover paying this off aswell, I rang to ask for a settlement figure but they won't give it out over the phone and have said we have to write for one

 

I have accessed my credit file and notice that the figure outstanding is just over £26k which initially shocked me but then I realised this includes the PPI

 

Is there anyway I can get this refunded on settlement when we move? or will I have to settle the full £26k even though this loan has only been running for 10 months?

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This loan is with First Plus

 

I have just checked my credit agreement and it gives you examples of what you may get back (on the loan and PPI) after set periods of time.

 

This loan was taken out in Feb 07 for 20yrs

 

ppi loan was £4,384.60, interest on the PPI loan is £5,048.12

 

The agreement states that after one quarter of the term is passed (ie 5yrs) amounts payable on early settlement would be:

 

£19,908.63 for the actual loan

£3937.94 for the PPI

 

but I have only being paying this for 10 months!!!

 

I have also read the terms and conditions on the back and section 12 states:

 

'We will send the Payment Protection Premium to Barclays Insurance (Dublin) Ltd and Barclays Assurance who will advise you if your application for PPI is accepted. Cover will begin when the Insurer accepts the risk of insuring you. Confirmation of this will be the insurer issuing the certificate'

 

We have NEVER had any contact from Barclays since this loan was taken out

 

We were NEVER given any information about whether we are suitable for PPI and if we fulfill all the terms and conditions and this was sold to me just by the sales adviser over the phone based on the fact I would get the full premiums back after 5yrs, I didn't realise that I had to fulfill certain conditions (although I am sure I do fulfill these)

 

I am now beginning to think that I should be claiming for the whole premium (+ Interest already paid) back

 

I have not received any certificate from Barclays about the PPI, do you think I could dispute that this insurance has never actually commenced therefore I should be entitled to it cancelling and my full premiums and interest back?

 

Can someone give me an idea of the 1st letter I should be writing in respect of this?

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This is a difficult one as you say that their is no reason the PPI would not be valid and suitable for your needs. I think that the first thing you need to do is make some enquiries about whether you are actually covered - then take it from there.

 

Certainly there are issues regarding the deductions for termination - and that may be something you can challenge. Of course, if they have not processed your application for the insurance, or it has not been approved without you being notified, the issue becomes much more serious.

 

 

 

 

 

 

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I think the only reason why it would not be suitable for our needs is because we both have generous sickness pay from work (ie full pay for a year) which would outweigh the validity of having the insurance anyway wouldn't it?

 

I am going to write a letter to them asking where my certificate of insurance is and a settlement figure and take it from there

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