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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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    • 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.
      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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Welcome Finance Investigation


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Hi guys not sure if anyone has covered this yet but the insurer is still Norwich union and any claims are dealt with by some mob called direct group (to which i have an address for if anyone wants it :D) who will try to use any excuse to get out of paying luckily im not a muppet and had them banged to rights within 2 mins of call after receiving a letter saying naw we aint gonna pay you and a nice little cheque a week llater from welcome for payments already made

 

Keep up the good fight!!!!!!!!!!!!

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:eek: I am in awe! You not only got a cheque from welcome but in a week?!

 

Was the cheque a refund of your PPI and was it from Welcome, Direct Group or somewhere else?

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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Hello everyone

I am new here and this is my 1st post

I have a personal loan with welcome Finance, for about 3 months now. I pay by direct debit and have never missed a payment.

I received letter today from them, called Notice Of Default Sums, for 50£. Reason for this is skip trace. But...why? Please could help me because I cant afford 50£ to pay, for something I dont understand? Whar options do I have?

thank you

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Morning Animal lover, that looks like one of their standard threats. They have stated they have been given a specific instruction from Welcome so defo send postggj's letter so that if they were to start anything, it's their own decision after being informed of the dispute.

 

I would also do a quick letter to Welcome demanding to know why they have authorised litigation proceedings for a dispute that the FOS is currently dealing with (which they probably haven't) - are they purposefully attempting to waste the FOS's time?

 

If they reply that they haven't then start the whole complaints process against Global. Don't give them an inch!:D

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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Hi postggj, all.

 

Although I HATE maths, time to have a bash. Have been doing some digging and would like to pose a 'scenario'.

 

Insurance Premium Tax (IPT) from what I can gather is 5% of the taxable premium. Now there are various rules about what counts as the taxable premium paid but basically, it is the full amount paid in relation to the policy premium - including commision, charges (whether those charges are called 'interest' or not) etc.

 

The only time the interest/commission etc is exempt from the tax is if these are part of a SEPERATE contract with the customer. OK.

 

Now you may think your loan agreement, regulated under the CCA, showing the insurance and the interest charged on it would cover this - but I am not so sure. The premium you are charged is on the same contract as the interest charges - the monthly payments you pay are all together - nothing seperate. OK.

 

So a company should be paying IPT of 5% on the total amount you have paid for your insurance? Hmmmm, have a look at the breakdown the lovely Mr Scothern gave this cagger in post 18. To me £90.64 is NOT 5% of the total amount they paid for that premium.

 

welcome finance and ppi **WON** - The Consumer Forums

 

Then....there is a company called Homeserve who were caught out recently along the same lines. They were selling insurance cover for boiler breakdown etc and along with the premium charged for the policy they were adding £14 admin charge. They stated in their paperwork that this was a seperate contract with Homeserve and were not paying the 5% IPT on that £14.

 

Except there was no actual seperate contract in actual existence and the £14 charge was included with the monthly premium payments - again, all together - nothing actually seperate, whether implied or not.

 

They argued, HMRC went to court and the judge ruled for HMRC. Homeserve now have to pay back all those little 5%'s of £14 on each policy underpaid - which comes in at just under 1 million.

 

Hope that is clear enough lol - now have another look at the figures quoted on the link about. I wonder...............

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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dipply

 

what we have here is dynamite

 

i have just spoken to my pal.

he works in a local insurance office

 

welcome have to pay the 5% insurance tax

to any body fighting ppi claims with these pirates,

 

when they sell you ( force ) the insurance on you, they have to tell you that they get commission

this has to be in the terms and conditions of selling the policy.

this needs to be given to you at point of sale

 

they are allowed to do an addmin charge, but this must be told to you

 

this must be a small one off charge , not paying it through the length of the policy, at the high apr

 

welcome now have some explaning to do

 

gotcha

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Hi guys, really think we could be onto something here? Apparently, as we are part of the EU there is also something called 'Liability of the Insured'. Under EU law for Insurance Premium Tax, if the insurer has not fully paid the IPT due, the insured can actually be held liable for it!

 

Now I know that would be for large amounts and mostly business dealings (HMRC have already tried using this law against a UK company) but it does mean that not only do you have a duty, but it's in you own interests to ensure the IPT on your premium is fully paid. Could be just the doorway we need to demand proof of how much they paid and to who.

 

When my OH asked for his statements etc (not a full SAR) they sent (in error methinks!) lots of paperwork he had never seen before relating to his PPI, all with his signature on, forged. There was one with a breakdown of figures, will have to find this and see if IPT is listed and if the 5% is not fully paid I can go straight to the HMRC and test the water maybe?

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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dipply

 

what we have here is dynamite

 

i have just spoken to my pal.

he works in a local insurance office

 

welcome have to pay the 5% insurance tax

to any body fighting ppi claims with these pirates,

 

when they sell you ( force ) the insurance on you, they have to tell you that they get commission

this has to be in the terms and conditions of selling the policy.

this needs to be given to you at point of sale

 

they are allowed to do an addmin charge, but this must be told to you

 

this must be a small one off charge , not paying it through the length of the policy, at the high apr

 

welcome now have some explaning to do

 

gotcha

 

This is great - how many caggers have already either had to ask about commission and still had no answer, or been told no commission is paid.

 

For all the caggers given the basic policy T&C's on Welcome headed paper, nothing about any of this.

 

Oh dear :D

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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Animal Lover, I cannot wait to see if they reply to you and see what they say lol.

 

Found the OH's paperwork. I think I will have to sit with my local trading standards, and take a packed lunch. There have been so many facts and figures that just didn't add up - till now. There is sneakiness you would not believe. and they have NOT paid 5% on the full amount.

 

If we can prove what they have done with this agreement it should make animal lovers, and others, refunds plain sailing as they will know exactly what to ask for and prove.

 

Will dig out my scanner and get it posted on my thread to show you as I need help going through it all and to make sure I am on the right track!

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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It gets better everyday :D

 

I'll make sure i send regular letters asking for updates on the investigation as they might "forget"

 

They said within 4 weeks it's been a week and no reply so i'll send one towards the end of the week and see what they say.:D

 

Keep up the great work :)

 

I'm not very good at this type of thing but if you need me to do anything just let me know :)

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