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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.

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      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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First Plus PPI


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Hi. I already have one claim just going to the ombudsman with First Plus. I have discovered however that;

 

My husband took PPI on a loan in 05 with First Plus which we consolidated in 06 (the 06 one is the one underway with the Ombudsman).

 

He paid 7k in PPI on this 05 loan.

 

When consolidated less than a year later he got nothing back. Just a new PPI on the new loan.

 

I have done my SAR and my first letter to First Plus but they have come back with this and I don't know what to do....

 

I note from our records that the loan and Payment Protection Insurance we sold by Freedom Finance Ltd. Unfortunately this means that Firstplus does not have access to the telephone calls made at the time of the application. I am therefore unable to investigate the sale of the insurance. I have however passed details of your concerns to the complaints team at Freedom Finance. As they are responsible for the sale, they will investigate and respond in line with the current complaint procedures.

 

It then goes on to say if I want to talk about this further, am disattisfied with the response or wish to escalate internally, then I am to call them. I have 8 weeks to respond.

 

Now, yes I did go through FF on this first loan and PPI but my gripe is that First Plus didnt refund any of the 7k PPI after less than one year of use when the loan was consolidated.

 

Do I go to Freedom, do I go back to First Plus or do I wait for Freedom to come to me.

 

Please help!

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Hi. I already have one claim just going to the ombudsman with First Plus. I have discovered however that;

 

My husband took PPI on a loan in 05 with First Plus which we consolidated in 06 (the 06 one is the one underway with the Ombudsman).

 

He paid 7k in PPI on this 05 loan.

 

When consolidated less than a year later he got nothing back. Just a new PPI on the new loan.

 

I have done my SAR and my first letter to First Plus but they have come back with this and I don't know what to do....

 

I note from our records that the loan and Payment Protection Insurance we sold by Freedom Finance Ltd. Unfortunately this means that Firstplus does not have access to the telephone calls made at the time of the application. I am therefore unable to investigate the sale of the insurance. I have however passed details of your concerns to the complaints team at Freedom Finance. As they are responsible for the sale, they will investigate and respond in line with the current complaint procedures.

 

It then goes on to say if I want to talk about this further, am disattisfied with the response or wish to escalate internally, then I am to call them. I have 8 weeks to respond.

 

Now, yes I did go through FF on this first loan and PPI but my gripe is that First Plus didnt refund any of the 7k PPI after less than one year of use when the loan was consolidated.

 

Do I go to Freedom, do I go back to First Plus or do I wait for Freedom to come to me.

 

Please help!

 

 

What header is on the Consumer Credit Agreement for the first loan in 2005?

 

If it is First Plus as I suspect it will be then go for them for a refund and as you already have a complaint in with the FOS give them a quick call and tell them what you have discovered. IE an earlier loan refinanced by the second loan that you have submitted a claim for. Tell them there appears to have been no PPI refund on refinancing to the second loan. I am sure they will be very interested.

 

If however the CCA is headed with Freedom Finance which I doubt then you should start a separate claim against Freedom Finance for mis-selling on the first loan.

 

Do you have the CCAs on both loans?

 

aa

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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Hi thanks for your help. I have the CCA for both loans and both are entitled First Plus.

 

I have had a letter from Freedom this morning asking me seven questions. They state they will officially acknowledge my complaint when I answer them.

 

1. on what basis do you believe that the PPI was misold

2. Why do you think the advice was incorrect

3. What did the advisor say to give you the impression that the PPI was not optional

4. What did the advisor say that implied that taking the policy would assist your credit application (I never mentioned this in my letter)

5. What did you tell our advisor regarding your existing levels of cover and why do you believe that this cover would have been sufficient to protect your loan

6. On what grounds do you base your allegation that out advisor had no financial background

7. Why were you not aware that the PPI was added to your loan and would incur interest? This was clearly stated on the statement of price sent to you and the credit agreement that you signed.

 

Now I answered most of these questions in the letter I originally sent to First Plus. Where do I go now? My claim with the FSO has only just gone in for the other PPI. It's all very confusing.

 

Thank you for helping

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Hi thanks for your help. I have the CCA for both loans and both are entitled First Plus.

 

I have had a letter from Freedom this morning asking me seven questions. They state they will officially acknowledge my complaint when I answer them.

 

1. on what basis do you believe that the PPI was misold

2. Why do you think the advice was incorrect

3. What did the advisor say to give you the impression that the PPI was not optional

4. What did the advisor say that implied that taking the policy would assist your credit application (I never mentioned this in my letter)

5. What did you tell our advisor regarding your existing levels of cover and why do you believe that this cover would have been sufficient to protect your loan

6. On what grounds do you base your allegation that out advisor had no financial background

7. Why were you not aware that the PPI was added to your loan and would incur interest? This was clearly stated on the statement of price sent to you and the credit agreement that you signed.

 

Now I answered most of these questions in the letter I originally sent to First Plus. Where do I go now? My claim with the FSO has only just gone in for the other PPI. It's all very confusing.

 

Thank you for helping

 

To help you answer those questions you will need to do some homework. Please have a look through these links and see if your circumstances fit in with any of the mis-selling factors.

 

PPI - Some Notes for Claimants..

 

For claims before 2005 and the FSA ruling from which campaign

How to tell if you’ve been mis-sold PPI

 

Quick check: were you mis-sold? - How to tell if you’ve been mis-sold PPI

 

 

There is much more in here as well.

 

Mis-sold PPI? Want your money back? use these links to help

 

You can answer freedom and see what they come up with but IMO concentrate on the name on the Consumer Credit Agreement it was First Plus and not freedom.

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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Hi thanks for your help again.

 

I have already covered 99% of these points in my original letter to First Plus which they say they have seen at Freedom.

 

I have rehashed the letter and will send it tomorrow. I suspect it will come back with either a general no or a re-direction back to First Plus.

 

I also have an Egg card PPI which I am in the middle of. They have said that my husband must have ticked the box on the online application in 2001 and that cannot be altered by egg staff but he didn't know he had it. I deal with all the payments and banking etc and assumed he knew about the PPI when the online statements came in (I checked them not him). The thing is he had a pre-existing medical condition which would surely have disallowed a claim? The have sent me the ombudsman booklet but I have not told them about the medical thing yet. Do I go back to them with it or go straight to the ombudsman?

 

Im so grateful for any advice, getting a bit over my head now and stress is creeping in.

Edited by rkm123
clarification
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Hi thanks for your help again.

 

I have already covered 99% of these points in my original letter to First Plus which they say they have seen at Freedom.

 

I have rehashed the letter and will send it tomorrow. I suspect it will come back with either a general no or a re-direction back to First Plus.

 

I also have an Egg card PPI which I am in the middle of. They have said that my husband must have ticked the box on the online application in 2001 and that cannot be altered by egg staff but he didn't know he had it. I deal with all the payments and banking etc and assumed he knew about the PPI when the online statements came in (I checked them not him). The thing is he had a pre-existing medical condition which would surely have disallowed a claim? The have sent me the ombudsman booklet but I have not told them about the medical thing yet. Do I go back to them with it or go straight to the ombudsman?

 

Im so grateful for any advice, getting a bit over my head now and stress is creeping in.

 

This would as you suggest would most likely have precluded him from making a claim but you would be advised to try and get a copy of the terms and conditions applicable to the card at the time it was taken out.

 

If you have certified proof of a pre existing medical condition then you should send them a copy it could make them take notice of your claim.

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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