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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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GE Money response


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I'm in a similar situation with GE regarding PPI applied to a store card - I've asked for it back and they have just said "nah, nah..."

 

Check this out, though;

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/61081-ppi-some-notes-claimants-8.html#post1704481

 

 

This is the GISC regulations that GE "should" (I say should, as I'm 99% certain they were regulated when you and I took the PPI out) have complied with - look at the bits that are highlighted in the post, which seem to be the most relevant to you, here.

 

Also read the FSA TCF ("treating customers fairly") posts from the same poster just a few posts after that one - if you follow the links to the FSA website, you'll see on that page, you'll see that the FSA has already taken action against GE in January 2007. They were fined £610,000 for misselling PPI and not "treating customers fairly"!

 

I'm in the process of responding to GE's latest knock-back letter, with copies of the FSA website and the Final Notice issued by the FSA saying just how GE has failed to look after it's customers interests - (which is the Final Notice of penalty, linked above, by the way) I can't wait to see what they say in reply! I can see it now... "we have been fined for having organisational malfunctions that resulting in misselling of PPI being prolific, but we confirm that none of that applies to you and no, you definately aren't getting your money back"... I can just see the Judges face when he reads that... Hopefully I'll get all this sorted without the need to issue Court proceedings. :)

 

You may want to do the same as it's all relevant to you?

 

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Hey Car

 

It may be helpful/useful if you create a thread detailing the case for others to follow ...

 

Hi ya painty,

 

TBH, this hasn't been a priority for me so I haven't had time to pull all the boring correspondance I've had with them together to get a thread started - I only started looking for others in the same situation today. (I need some time management training!)

 

I will get around to doing it shortly, as it's coming to the Court issue stage now.

 

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Good for you Car, you don't mess about, as usual. :)

 

I'm thinking that if you have a PPI claim that's coming to court stage, there are other would-be claimants on this Forum who would benefit from seeing how you proceed - if you have the time to summarise the process and your success.

 

Cheers P x

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Good for you Car, you don't mess about, as usual. :)

 

I'm thinking that if you have a PPI claim that's coming to court stage, there are other would-be claimants on this Forum who would benefit from seeing how you proceed - if you have the time to summarise the process and your success.

 

Cheers P x

 

Done;

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/161813-car2403-ge-capital-bank.html

 

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  • 6 months later...

I'm back on the case now. They have now been sent another letter stating I was a full time student from my course tutor and I also managed to get hold of my NI contributions stating I had student credits so proves again I was a student so could't claim PPI. Since then I have recived two letters stating they are now looking at my claim. The most recicent one saying they are still investigating my claim they have another four weeks to reply back. Hope its good news!!!

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  • 1 month later...
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