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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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Mis-sold PPI? Want your money back? use these links to help


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  • 3 months later...
  • 3 months later...

OFT Factsheet on PPI, July 2010.

 

This factsheet looks at the issues that most frequently crop up, when consumers bring disputes to the Financial Ombudsman Service about payment protection insurance (sometimes called “PPI” or loan protection).

 

http://www.financial-ombudsman.org.uk/publications/factsheets/payment-protection-insurance.pdf

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  • 6 months later...
Great information - I'm new to this forum so the first time I've seen it. 70% of PPI policies are missold according to one study, but only 4% of policyholders claim. Yikes.

 

Custard, you will find more current information in respect of PPI reclaims in the link below :)

 

http://www.consumeractiongroup.co.uk/forum/content.php?738-Get-your-PPI-money-now

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  • 4 weeks later...

Mis-selling or Fraud ????

 

By putting so much money aside for pending claims, the banks have self admitted they have been mis selling PPI's

 

Depending how you were mis-sold, will depend on what action you can take against the banks. Most, if not all the mis-selling is actually covered by the Fraud Act 2006

 

Fraud by false representation

 

(1)A person is in breach of this section if he—

 

(a)dishonestly makes a false representation, and

 

(b)intends, by making the representation—

 

(i)to make a gain for himself or another, or

 

(ii)to cause loss to another or to expose another to a risk of loss.

 

(2)A representation is false if—

 

(a)it is untrue or misleading, and

 

(b)the person making it knows that it is, or might be, untrue or misleading.

 

I am sure you will find in the above sections something that is applicable to your own circumstances

 

HAVE THE BANKS DAMAGED YOU ?

You were sold a PPI and you accepted in good faith with the knowledge that you were covered and, should you not be able to pay your loan or credit card, payments would be made. The mis-selling for most people meant Fraud by false representation.

The PPI that you accepted formed a contract between you and the lender, not just the PPI, but the loan itself, the two go hand in hand together. Suffice to say that had the lender actually told you the truth, you would never had taken out the loan or credit card.

 

So, because the PPI claim was refused, you could not afford to pay your loan or credit card.

The banks sent you a so called "final response" letter and then instructed debt collectors to contact you. Despite you claiming that you had a valid claim, the debt collectors harassed you and no doubt in the end placed a bad report on your credit file ??

 

All because the Banks lied to you in the first place. They seemed at one point to have it all their own way, NOT ANY MORE

If your Bank damaged you as the result of their deception and lies, YOU MUST NOW CLAIM DAMAGES AGAINST THEM.

 

1: HARASSMENT: Unleashing debt collectors upon you causing harassment and stress. CLAIM FOR DAMAGES

2: ATTEMPTING TO DESTROY YOUR GOOD NAME AND CREDIT FILE. CLAIM FOR DAMAGES

 

Make it clear to your bank(s) that you are charging them with Fraud under the Fraud Act 2006 which is a criminal offence.

 

Do not let them fob you off, they will try as this is the "back street trading method" they use. Always send your letter to the CEO, you can get the names from the internet. Mark it for his private and personal attention.

The header of the letter should state, CLAIM FOR COMPENSATION

Then list your claim as outlined above. Send your letter by NEXT DAY DELIVERY so you get a signature.

 

If you are still receiving letters from debt collectors, just send them a copy of the letter you send to the CEO. Some debt collectors may have purchased the debt from the banks, ask them, they are obliged to tell you. If this is the case, they purchase the rights to the contract so they are liable especially if they have purchased a debt which resulted from fraudulent activities by the seller, that is the banks,

 

If you want be done with the debt collector, then give them a first and final waring quoting

 

The Administration of Justice Act 1970 S.40 makes it a Criminal Offence for a creditor or a creditor's agent (often a debt collection agency) to make demands (for money), which are aimed at causing 'alarm, distress or humiliation, because of their frequency or publicity or manner'. Equally, a creditor will be committing an offence if they falsely imply that non-payment of the debt will lead to criminal proceedings; or the creditor pretends to be someone they are not e.g. a court official or bailiff. It is also an offence to send a person a document which looks like it has been sent from a court.

 

Doubtful you will ever hear from them again as this is also a Criminal Offence

 

This is like a game of chess. Right now, the banks have made every move possible but you now have the King in your hand and you are about to check mate your bank. For every "fob off" letter you get, send it back to the CEO demanding answers and full compensation.

 

I am currently doing this with 3 banks

 

Do the banks want to go to court being charged with Fraud ? It only needs one case where the court is in favour of the consumer and the flood gates will open, well infact they have already. Just remember how disgraceful the banks have been, your objective is to WIN, it is your right to win

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