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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 
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      • 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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Balck Horse, Welcome Finance and Ge Money, Lloyds TSB CC PPI


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Happy to hear this news Adamski! It looks as if the other policy with GE might be settled in a similar way, if so, thats great.

 

Sorry could not respond sooner Adamski, but other issues got in the way.

 

The following threads, which are outlined above, have plenty of information and templates which will take you through the process. Although, presumably if you have got this far, you have a good grasp of the issues:

 

FSA update on payment protection insurance (PPI)

 

help with PPI & Welcome

 

PPI - Some Notes for Claimants..

 

It is also good that they are adding 8%, that is obviously in recognition of mis selling, chances are this might happen to the other policy. However, was it a lump sum policy sold at the begining of the loan. If so, the 8% might not be worth as much as it first seems. When the policy was sold, it would have been added to the loan amount, with their interest added on top. That is a substantial amount. In adition to that, you have not had access or the use of your cash, which they have now admitted was mis sold. You could consider settling for a higher rate of interest on the refund ie at the rate of interest whih they had charged you on the loan, at whatever rate that was. Now is probably an ideal time to negotiate this, with the option of FOS as a fall back. However, the decision is yours and it depends on your individual circumstances.

 

Re the other policy, if things are more problematic, you have the option of the FOS, once you have gone through their complaints process. Approx 4 out of 5 legitimate claims are settled through intervention by the FOS.

 

What amount are they repaying?

 

Glad to hear your news and very well done!

 

Regards, Kenny:)

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