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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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PPI advice 77 year old couple RBS loan


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Thanks ims and DJ nice to hear from you, yes it is a disgrace how they have treated this old lady it costs nothing if your on benefits to put a claim in at court done a few for folk in past.

 

To think they rang her up though after the first letter and said we are sending you the sars and we owe you £2,000 that was a couple of months ago they playing games well time for the games to stop the judge actually said when I went to court once that the arrogance of these companies is difficult to comprehend he never said a truer word thanks for all your support

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I am speechless old lady as rung me and said she as had a letter from Bank of Scotland they are insisting she sends £10 cheque for the Sars they cashed this on the 27th May 2011. These are the same cretins that rang her 2 months ago told her the sars was on the way and that she was also due £2,000 back for the miss selling of PPI what do I do with these people they are deliberately trying to run us ragged shall I report them to someone if so whom?

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Hi laura

 

Tell them you are going to lodge a Complaint with the FOS and it will cost them £450 if the FOS look into the matter.

 

You could write a letter of complaint to:-

 

Stephen Hester, Chief Executive

[email protected]

 

Age Concern also have a department thats helps with financial matters.

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Thanks Rebel will drop the executive a letter what a crew hey this letter instead of the ususal Bank of Scotland said HBOS contacted age concern a fair few months ago about the old ladys cha high seated chair which she had off compass who went bankrupt. the chair as never been any good the safety catch fails I am sorry to say that Age Concern never even acknowledged me even though I was advised to get in touch with them

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  • 1 year later...

The conclusion to this above is the old lady got around £3,000 back in PPI however the Bank of Scotland (Halifax) have continued pursuing her for the debt which she as not paid a penny on since her circumstances changed when her husband died near on 2 years ago. Today the FOS have emailed and said the vulnerable team will write to the old lady to arrange a payment with them, I told her I am very disappointed that they not writing the debt off, she is nearly 80, vulnerable, house bound, partially sighted and struggling financially her response was.

 

"Thank you for your email. I understand your disappointment concerning the outstanding loan. As will be explained in my full findings, In accordance with the Lending Code consumers experiencing financial difficulties should be treated fairly and sympathetically by a lender but this does not mean they have to agree to write off an outstanding debt.Halifax has acknowledged Mrs **** circumstances and the account is with the vulnerable customer team so that a repayment plan can be arranged"

 

This is not true the FOS who dealt with my husband`s debt to the Halifax got them to write it off I am annoyed about this as I had assumed the old lady would definitely get the same result

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Hi Laura,

 

Really glad to see you are still sticking with this one and congratulations on getting the £3,000 back in PPI.

 

Did Halifax ever comply with the SAR and provide a copy of the credit agreement? They cannot enforce this debt without a valid credit agreement.

 

As far as the FOS goes, they are about as much use as a chocolate teapot. Most of the case handlers working there were taken on at the time the banks were making thousands of people redundant, so are ex banking staff and have been trained to think in the nest interests of the banks themselves. Have never been a big fan of the FOS, but they are completely useless and unfit for purpose since employing ex banking staff as adjudicators.

 

Assuming they have not produced a copy of the credit agreement, I would wait for Halifax to get in touch and then let them know the debt is unenforceable without the credit agreement and no payment plan will be agreed until they produce a valid copy of the original credit agreement.

 

If they have already produced a copy of the credit agreement and it is valid, then again wait for the vulnerable team to get in touch and offer them £1 a week. They cannot refuse a reasonable offer and this will make things as inconvenient as possible for them.

 

Best Wishes

DJ

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Hi Laura,

 

Really glad to see you are still sticking with this one and congratulations on getting the £3,000 back in PPI.

 

Did Halifax ever comply with the SAR and provide a copy of the credit agreement? They cannot enforce this debt without a valid credit agreement.

 

As far as the FOS goes, they are about as much use as a chocolate teapot. Most of the case handlers working there were taken on at the time the banks were making thousands of people redundant, so are ex banking staff and have been trained to think in the nest interests of the banks themselves. Have never been a big fan of the FOS, but they are completely useless and unfit for purpose since employing ex banking staff as adjudicators.

 

Assuming they have not produced a copy of the credit agreement, I would wait for Halifax to get in touch and then let them know the debt is unenforceable without the credit agreement and no payment plan will be agreed until they produce a valid copy of the original credit agreement.

 

If they have already produced a copy of the credit agreement and it is valid, then again wait for the vulnerable team to get in touch and offer them £1 a week. They cannot refuse a reasonable offer and this will make things as inconvenient as possible for them.

 

Best Wishes

DJ

 

Yes they came up with a credit agreement only in the old ladies name she was under impression it was a joint loans as her others were. I will only offer them a £1 if they get in touch agree think this FOS not doing all they can for the old lady seems that no one seems to want to genuinely help the vulnerable these days:x

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The conclusion to this above is the old lady got around £3,000 back in PPI however the Bank of Scotland (Halifax) have continued pursuing her for the debt which she as not paid a penny on since her circumstances changed when her husband died near on 2 years ago. Today the FOS have emailed and said the vulnerable team will write to the old lady to arrange a payment with them, I told her I am very disappointed that they not writing the debt off, she is nearly 80, vulnerable, house bound, partially sighted and struggling financially her response was.

 

"Thank you for your email. I understand your disappointment concerning the outstanding loan. As will be explained in my full findings, In accordance with the Lending Code consumers experiencing financial difficulties should be treated fairly and sympathetically by a lender but this does not mean they have to agree to write off an outstanding debt.Halifax has acknowledged Mrs **** circumstances and the account is with the vulnerable customer team so that a repayment plan can be arranged"

 

This is not true the FOS who dealt with my husband`s debt to the Halifax got them to write it off I am annoyed about this as I had assumed the old lady would definitely get the same result

Response again from FOS

[sVIEW][/sVIEW]

 

"It would be unfair for me to comment on the case you mention as each complaint is assessed on its individual merits. When I wrote to the Halifax I emphasised the fact Mrs **** was a widow on limited income with deteriorating health and did not understand why she was being pursued for an outstanding loan.

 

I am happy to take any additional information forward to Halifax for it to consider, additionally both Mrs **** and Halifax have referral rights, in that she does not have to agree with the outcome and can ask the matter to be referred to an ombudsman for a final decision".

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  • 3 months later...

Have now asked that the Ombudsman makes a final decision as so far been told that things are looking in favour of Bank of Scotland as I was told by Ombudsman service "She as had the money and an affordability assessment was carried out at the time" I have said the FOS gives recommendations for consideration to be given to writing off debts for vulnerable people. The elderly lady is partially sighted she is 79 she as lost her husband and lots of her income, she is confused. The GP as asked for a Socail Services assessment and then for it to be given to the Welfare Officer at the GP surgery. We are hoping for something in writing from the GP surgery what we can use for the Ombudsman to see as who ever as been dealing with it below the Ombudsman as not been very positive on the side of the elderly lady. I had thought this would have all beeen done and dusted by now, never knew it was going to drag out like this. Bank of Scotland have offered £150 to say sorry for having kept ringing the elderly lady when she had only just lost her husband despite, letters and calls telling them to refrain from doing so.

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