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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
      • 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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Good News Folks! Ppi Refund Success


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Hi all!

 

I am writing to tell all forum members my success in obtain a FULL REFUND PLUS INTEREST of my Payment Protection Insurance Premiums due to misselling that was added on two loans that I have - backdated from the day the loans were taken out -that is 5-6 years ago for one loan and 6-7 years ago for the second loan.

 

My advice to anyone seeking to claim should do as follows(By the way,this process only applies to loans and not credit cards mainly to the complexity of the calculations):

 

1.Exhaust the complaints procedure within the company.Make sure you keep copies of all fob you off letters etc in a safe place.

2.DO NOT enter longwinded arguments over the phone.In fact do not use the phone at all!

3.Do a SAR - for your records under the Data Protection Act - send your £10 + proof of ID and address etc.

4.When you get the response to your SAR,highlight the amount of the premium plus the interest.

5.Then go down the LBA route etc.

6.One crucial thing you should mention is that the CAB sought to launch the Super Complaint for the OFT to investigate the misselling of Payment Protection Insurance because so many claims are disqualified and the plans are deemed to utterly useless to the consumer.I will be posting more about this later.

 

FINALLY...

 

If anyone has any figures and if any help is needed for calculating the premium plus interest amount,post the figures here but please state:

 

1.Insurance Premium Amount.

2.Interest Rate - not the APR.

3.Start Date of Loan.

4.Amount of Years/Months Outstanding on Loan.

5.Original Loan Term.

 

In some cases the amounts stated in agreement are clearer so all you do in this case is make a copy of the agreement and extract the figures you need from it.

 

Good luck with your claims and kick more a**!

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Hi all!

 

Now sandy I need more information if you want me to help you.

 

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

 

Now pampam,this is what I would do:

 

1.Ask the judge to consider the following ruling:

 

(Court of Appeal Ruling[2005]EWCA Civ956) in the case of London Securities Ltd v Mr.& Mrs.Meadows and Another.

 

 

If there are any defects in the agreement it becomes unenforceable under Section 127(3) of The Consumer Credit Act 1974 because:

 

1.The Protection amount was imposed on the borrower.

2.The Protection Amount plus compounded interest was within the total charge of the credit facility.

3.Late payment fees may have been added - if there are any they should be mentioned and highlighted to the judge.

 

By mentioning these points there should be one out of two possible outcomes:

 

a.The full refund of the PPI amounts plus interest backdated and offset against the loan balances.

 

or

 

b.All the loans being unenforceable as mentioned and your son will owe nothing!!

 

PLEASE NOTE....

 

1.Also,do not forget to mention the CAB and the super complaint that the OFT has been asked to carry out regarding THE APPALLING MISSELLING(these words are very important) of PPI and its impact on consumers in our country.

Plus the fact that your son has no desire to deprive any ban/insurance company of its monies but equally any bank/insurance company should act in fair and professional manner when selling its products.

 

 

2.Whatever the outcome it should sway in your son's favour an he will pay much less or maybe nothing!Although,I personally doubt the latter because it did have other complexities which we do not need to get into.As long as your son gets the PPI refunds he will save alot of money and teach the finance company a good lesson!

 

Anyway,I hope you find this information useful.

 

If you have any questions,just ask.

 

Keep us posted.

 

All the best!

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Hi all!

 

sandy,in reply to your post:

 

1.What you have just stated to dispute the amount owed is the best way forward here.

 

2.Make sure to send the letter by recorded delivery and retain the recorded delivery stub in a safe place just in case you may need it.

 

3.You should also threaten to counter sue for the PPI part included in the loan agreement should the finance company desire to take you to court.

Do not be afraid to tell the finance company this.

 

4.Request that the interest be frozen and offer reduced monthly payments that you can easily afford and stick to them.Do not enter into useless debates over the phone regarding the repayments because they will only stress you out.

It is much better to have everything in writing as evidence should the need arise at a later date.

 

5.If you do not have all your loan account records,do a SAR as I have explained in a previous post within this thread - the main objective would be to make sure that you have the correct amount to be offset against the loan balance because of the PPI.

 

I hope you find this information useful.

 

If you need any more help,just ask.

 

Keep us posted.

 

All the best!

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  • 2 weeks later...

Jackie,in reply to your post:

 

1.You should claim now for the PPI ONLY + Interest on the PPI for the several months that you were repaying the loan.This would be £3276 + Interest at 1.364 per month as per the agreement.The interest on the £3276 is around £120 but do not mention this just in case the company calculates different to the way I calculated it.

 

2.Regarding the claim for redemption penalties/early settlement costs etc for a regulated loan i.e. a loan for £25,000 or less.Simply ask for a revised settlement amount based on the loan without PPI.This amount is to be added to the PPI amount + Interest as outlined in point 1.

 

3.If the company agrees to refund you,post the figures here so I can go over them for you before you agree to accept the offer.

 

4.If you have to issue a summons,don't worry I wil guide you all the way.

 

Anyway,I hope you find this information useful.

 

If you need any more help,just ask.

 

Keep us posted.

 

All the best!

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Hi all!

 

Maria100 in reply to your post:

 

1.The fact that it is a secured loan does not matter.The main thing is that as long as the loan is for £25,000 or less.

 

2.This is because any loan amount of £25,000 is classed as a regulated loan under The Consumer Credit act 1974.

 

Please read through my posts within this thread in order to succeed.If I have succeeded,so why can't you?

 

Don't worry. I will point you in the right direction if you get stuck.

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Hi all!

 

Lynn,in reply to your post:

 

I have a few questions to ask you:

 

1.Was the Payment Protection Insurance compulsory in order to obtain the loan?

2.Did you receive advice from a salesperson experienced in Payment Protection Insurance prior to obtaining the loan?

 

The answers to the abovr questions should hopefully enable me to assist you further.

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kevinlufflum,in reply to your post:

 

I believe that you have confused two issues here:

 

1.SAR (Subject Access Request) is when you request all your records with a finance company,pay the statutory fee of £10 together with proof of address and proof of ID.All the be sent by recorded delivery to the Data Controller of the company.The company has 40 days to respond.

 

2.CCA request is a request to obtain a copy of the agreement that ou have signed with a loan/credit card company.In this case you send £1.

 

If you need more information,please read the other threads associated with each topic.

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maria100,in reply to your post:

 

Do a SAR - Subject Access Request under the Data Protection Act 1998 and send the statutory fee of £10 together with proof of your id and address by recorded delivery post to the Data Controller of the company.

The company has 40 days to comply.A template letter can be found inthe library.

As soon as you receive a reply to your SAR,let me know so I can then assist you further.

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  • 2 weeks later...

Hi all!,

 

Please note:

 

1.Anybody that wants to persue a claim for PPI should follow the steps I have put in the start of this thread.

 

2.It is absolutely essential that you do a S.A.R - (Subject Access Request) and then when you get your reply either post your figures here plus any notes regarding the PPI selling.All required figures are stated in my first post within the start of this thread or send me a PM.

 

3.So things are not confused,I would suggest that each person who is claiming back PPI to start his/her/their own seperate thread.

 

Anyway,good luck to everyone with kicking more a**es!

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reidnet,in reply your post:

 

It is about time as well!

 

I came across certain articles linked with PPI mainly to do with the Citizens Advice Bureau and the Super Complaint that was handed down to the OFT which is duty bound by law to investigate the PPI fiasco in this country.

 

So,this must be the response!

 

It will be very interesting to see what this investigation has actually concluded and the way forward by the OFT in dealing with these matters.

 

Hopefully this will enable us to kick more a**!

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