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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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Skintboy v HFC (PPI)


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Greetings to you all.

 

This is my first (and probably last) PPI claim and I could do with a few pointers.

 

Firstly, it isn't really PPI at all. I have had a Current Account Plus with HFC for years. For all that time I have been paying £1 per month for insurance. I have, of course, seen it on my statements and although I have asked about it on several occasions over the years, They always talked around it and never gave me an explanation.

 

Getting on for a year ago, HFC closed ALL current accounts. I requested a copy of the credit agreement in December 2008 and so far they have produced nothing at all: however, in the course of one of my many telephone calls to them, I asked what this £1 is for. They eventually (and reluctantly) told me it was Life Insurance to cover the debit balance on the account. :eek:

 

A couple of weeks ago I received a letter from HFC saying that they had cancelled the policy and would like to refund the 'premiums' for the last 6 years + 8% interest. Unfortunately they messed up the calculation and the total for 6 years was just over £57 :lol:.

 

This, finally, is the point of these ramblings. Can I claim ALL the premiums back or is it restricted to 6 years? Can I claim interest at their own rate rather than 8% ? and, in the absence of an agreement, how can I find out how long I have had the account? I think it was opened about 1985 but I really don't know.

 

Cheers, T. :cool:

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Hi Skintboy

 

My first thoughts are that they have admitted liability, and I am guessing this is to do with them being fined for this sort of carry on.

 

You could send a full SAR, but unsure if this would get you the really old historical stuff, if they even have it.

 

You could work out an estimate based on £1 pe rmonth for X no of years and just ask for that, plus any interest they charged you PLUS the 8% statutory interest....get to a figure you would be prepared to accept and see what they say!

 

If they don't want to play, tell them you will just ask the FOS for their decision and report them to the FSA for not complying with the terms of their fine *am sure they got a substantial discount on the fine for agreeing to contact folk voluntarily and settle claims etc

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 Dipply,

 

Thanks for the quick response. I agree completely about the SAR. I'm absolutely certain that they don't have the old stuff, otherwise they would have sent me the CCA and I would start paying them again.

 

I could calculate a SoC from, say, 1990 which I think would be fair to them and see how they react. Personally, I prefere the courts to FOS. It seems to concentrate their corporate minds and it is a lot quicker.

 

Watch this space.

 

Cheers, T. :cool:

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Personally, I prefere the courts to FOS. It seems to concentrate their corporate minds and it is a lot quicker.

 

Watch this space.

 

Cheers, T. :cool:

 

Very true :lol:

 

Well, theyve admitted liability so its really just a haggling issue now. Daft question but I don't suppose at any point, them deducting that £1 at an inconvenient time put you in OD or caused a charge of any kind? :p

 

(as that is the sort of ridiculous thing that happens to me!)

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 used to happen to me all the time too :rolleyes: but I'm a good boy now.;-)

 

There will be a time for the charges, but as it is a bank account, it will have to wait for a bit until the banks get a third boot in the ring (so to speak). :lol:

 

God speed the day.

 

Keep the faith.

T.:cool:

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  • 2 weeks later...

I have now produced a Schedule of Charges for this insurance lark. I did get confirmation from HFC that the account was indeed opened in 1985.

 

I had to do the spreadsheet in 2 parts because there wasn't one long enough for all the entries, 288 :eek:. It is amazing how the interest adds up.

I have deceided to just claim interest at 8%. If I followed my usual practice the total would probably put the claim in Fast Track and I can't be bothered with the grief; mind you, if they get stroppy about it I will up the anti :cool:.

 

Back to my original question though. Is there a problem with claiming back as far as 1985? If there is a 6 year limit I have the option of claiming for 6 years at the contractual rate (maybe with interest in restitution as well).

 

Any input would be appreciated.

 

Keep the faith.

 

T. :cool:

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  • 3 weeks later...

Greetings all.

 

I have sent HFC a preliminary request for repayment of premiums and interest @8%. I dare not claim interest at contractual rate, the sum would be enormous. Their 14 days are up on Wednesday and it will be time for the LBA.

 

As I said in my previous post, I have asked for the return of premiums going back to 1985. Can I do that?? I've read through all the stickies and can't find a definitive answer.

 

Any advise would be most welcome.

 

Cheers, T.

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No harm in trying to get it all back IMO :)

 

They may kick off and give you back six years worth but I have seen something that states it is six years back from 2007. If I find the detail I will post.

 

I managed to claim back to 1997 on loans with PPI added. Went via the FOS and had settlement of over £10K four months after submission to the FOS. The biggest problem was getting the information from the bank.

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Thanks Alanalana. LBA will be in the post on Thursday morning.

 

I messed around with a spreadsheet @27.7% back to 1985. The first payment of £1 attracted intrest of £345.00 :eek: and getting on for £2k in the first 6 months. I think I'll settle for 8%.

 

I don't think HFC have any paperwork at all for this account - certainly not that old: nor do they have an agreement. It should be quite a laugh when/if it goes to court.

 

Thanks again for the support.

 

T. :cool:

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