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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 
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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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Advice for a PPI Newbie Please?


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I am just getting to grips with the concept of reclaiming PPI, and having calculated what I have paid to various companies, it is all a bit confusing. I have read various cases and stickies so understand the basic processes involved but have some questions which those who have experience may be able to help with.

 

My PPI payments are being paid (or have been paid in the recent past) on Credit Card balances. In the last five years or so I have had cards with the following which have been subject to PPI.

 

Capital One - Purchase Protection Insurace - is this the same thing?

 

Associates (now Citi) Card - varying balances but was never knowingly 'sold' PPI, it was just applied to the balance each month.

 

Citi Card - very small balance, but payments made over several years - no replacement card sent after Citi acquired the Associates card (above). Still get a statement each month though.

 

Providian (later Monument) and now Barclaycard - this was set up over the phone - I needed a CC to hire a car abroad and with a less than perfect history it was about the only one available. I actually remember being told that the payment protection (which appears on statements as Payment Break Plan?) was mandatory.

 

There is no question of my having received sufficient information at the time to have known whether I actually 'needed' PPI, but reading things now, I seem to have been paying under a misapprehension that I had to have it in order to be accepted for the card in at least one case.

 

Now as I say, the process looks straightforward enough, but I have read that one or two of the above will prove particularly difficult. I have had no argument with any of the companies themselves (although have had to accept that the high rate of interest on a couple are the price to pay for misdemeanours in the past), and wonder whether if I chase the PPI issue I will find credit limits cut, cards withdrawn or outstanding balances called in? I still use the cards and wouldn't want to lose that option ideally. Initially I intend to write and cancel the Insurance with each company and ask for copies of the T&Cs relating to each. I will then plan which to go after first and take it from there.

 

Any advice?

 

Thanks

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Capital One - interesting - what did the policy cover, and had you got household cover that would have done the job anyway?

 

The others look to be straight-forward PPI and should not have been compulsory.

 

As far as the last question goes - that is impossible to say. However, the FOS will look dimly on retaliatory action, as they have done where banks have closed the accounts of bank charge claimants.

 

Having said that, if you are keeping within the terms of a credit agreement, then the creditor cannot just call in the loan. The position of a credit limit is not so clear cut.

 

 

 

 

 

 

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Thanks Alan. I have no information as to what the policy covers and what it doesn't, but yes I am already covered for many things. I have a particularly good Permanent Health Insurance scheme at work which covers me on full salary for (I think) up to 18 months, and the normal death in service etc.

 

My mistake with the Cap One - it is on the statement as Payment Protection not Purchase Protection, so it is the same as everything else.

 

Think I will proceed with one and see where it leads before I tackle the others - Citi probably as I don't use that one. It was taken out as an Associates card. Must have paid several hundred out in total on that one alone, and was definitely never given an opt-out.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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