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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 
      • 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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Welcome finance car loan


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Hi Nick

 

Are you behind with payments at all - with welcome chasing you for this.

 

Or is it just clarification around the insurances etc. that you are after?

 

You say its for a car - is it a HP agreement?

Did you arrange the finance yourself or was it aranged through a broker - or the garage you purchased the car from?

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I would suggest sending a Subject Access Request to Welcome - it will - or should - give you the information you are looking for and copies of ALL the paperwork they have on you.

 

Included in that should be something called a statement of Price - that will give you a breakdown of how much of your monthly payment goes to the car - and how much to the insurances.

 

Here is link for template.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?262417-Suggested-SAR-temp-for-Welcome.

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Not sure about the Bankruptcy order - not my area to be honest. Could ask on the legal thread how it may effect you and the agreement.

 

Did you know the insurances were included - did you ask for them?

Was you possibly missold them?

 

Other thing is if it was a Welcome Depot that you purchased the vehicle from then there are almost certainly undeclared commission payments involved - but we can go into more of that later.

 

Send Welcome the SAR as i suggest in an earlier post - and see what thye send back - would not worry about them to much at this stage.

 

nick7602 said:
we have worked out from the figures that 84% to the Car and %16 to the insurances working on welcomes figures

 

 

The statement of price will give you an exact breakdown of the payments. So sending the SAR is your next step.

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was there any other insurances added that you did not ask for?

 

The insurances you are aware of have been missold so you can claim that amount back and hopefully reduce your balance by that amount.

 

I think they can not reposses if you have paid over a third - just check that on your terms and conditions.

 

I cant realy advise on you keeping the car or not - has to be your decision - will be a battle but they can be beaten - also may be undeclared commission payments involved which helps our case - but we need to see the paperwork from welcome.

 

Need to send that SAR off to welcome as soon as possible.

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are you able to upload them onto here - removing any personal details?

 

The agreement

Statement of price

Statements

anything that mentions commission or related to the insurances.

 

For info on how to do this follow the link below

 

http://www.consumeractiongroup.co.uk/forum/content.php?115-How-to-open-a-PhotoBucket-account-and-use-it-to-post-pictures-on-the-Consumer-Action-Group

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Hi Nick

 

For advice on claiming back your PPI may be best to have a read through the forum that i have attached a link for. It's for PPI reclaims and am sure you will find some great help there.

 

As for the car the choice is yours - you have payed over a third - so they would need a court order to reposses - claiming back the insurance would help reduce the balance owed.

Are you struggling to pay the initialy agreed amounts?

 

Here is the link for the PPI - may be worth starting your own thread there for your PPI claim.

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?111-Payment-Protection-Insurance-(PPI)

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You can claim back ANY insurance that has been mis-sold.

 

You also say in an earlier post that this is the 3rd car you have had on this agreement. That is not possible as the agreement is for that particular car.

 

Do you mean it is the 3rd car you have had from them?

If so did they send you the paperwork for the other car loans?

 

If not they have not complied with the SAR request - and i bet their are other insurances you can claim from the previous cars.

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