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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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ppi claim against Direct Auto finance (Yes car credit)


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Would this be delaying tactics by DAF, my husband had a loan with them ,paid off, but we were mis sold ppi ,we paid this horible comapny the loan off 2010 .We had a relpy for my request for refund on ppi and they state please down load the forms from the Finacial ombudsmen website a quesstionare. i have done this, but not sent this, thought a letter maybe be surfice.silly me.

Are they delaying tactics by them or not going to refund the ppi?

any advice needed

 

thank you:roll:

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Hi there mfl

 

Well it is a delaying tactic.

 

You are under no obligation to fill in a questionaire if you don't want to.

 

However, you have two choices.

 

1 Do what they ask and send them the questionaire and give them a time limit to respond, especially as you have already put in a preliminary letter

 

2 Send them a letter before action and take them to court

 

Depends how tough you want to get with them

 

ims

 

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Delaying tactis again?

I. posted the form as they requested ,this is therir letter of response :

 

We acknowledge the complain you raise and will undertake the detailed investigation concern raised . This process will take time an we undetake the complete review with the 8 week time frame established by the FSA and under the DISP rules.

Please note we will not reponse to any chasing letters while the investgation being undertaken.

 

mmmmm dont know what to make of that.

Any advice?

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Hi mfl

 

Havng opted to send in the questionaire, 8 weeks is/was the time frame suggested by the fsa (in fact they have extended it now).

 

Yes are going to use that time frame to investiage which they correctly say is in accordance with the FSA guide.

 

Sit back and wait for the response but mark in your diary when the 8 weeks is up.

 

ims

 

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  • 1 month later...

Its been eight weeks now that i waited, but i phoned FOS to find out were I sttand with DAF i was advised now that DAF have ceased trading ,no correspondence from them, I was advised to go to Finchial services compensation services and more forms to fill out it seems that i am in limbo with this and nothing any advise thanks.

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Hi still no letters from either DAF or Financial service compensation service, but now i'm on the case now for ppi claim from Lloyds TSB loan I took out and now fully paid. lloyds have a special PPI claim line telephone number (Lol) very helpfull just to let people know if not, already the turn around for replies is 16 wks , but i have nothing to loose , but hay ,if you dont ask .... :-)

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Help needed again on this I find this very strange FOS that DAFwere no longer trading but now i recieved a letter dated 26 july came TODAY and a big fat no by them basically they say, we decieded to purchase the ppi when we purchase the car and we had an option to take out alternative ppi if we wished and we said we like thier service ? Also they are saying that we complain now about the ppi when the ppi was taken out sevral years ago , trouble is we had no choice were we mis sold ppi should we still claim,Alsao basically they said i should contact FOS within six months date of this lettter confused not sure who to trust i thought FOS help us consumers.

iI also noted that DAF have done the same tatics with another claimant on this website help and advice needed thank you

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  • 1 year later...

Hi to all I am going to ask advice on this again I know it been some time away on this but I had no free time on trying to get my PPI back from this company .

As I see from other threads it seems since this time quite few have tried to claim back form yes cc /daf, but in my case after 18months of a rejection letter is it still possible to try to claim back ppi from them I have the original signed documents the loan has been paid finished and it was taken out in 2005

Regards

MFL

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You will find it very difficult to go to fos now since you are well past the six month deadline for doing so.

 

You could try to get the company to re-open the claim although this is doubtful unless there is new information you can give them as to why it was mis-sold.

 

Your other option is to use in court but then the onus of proof of mis-selling (or the civil burden on the balance of probability) would be on you as the claimant.

 

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You will find it very difficult to go to fos now since you are well past the six month deadline for doing so.

 

You could try to get the company to re-open the claim although this is doubtful unless there is new information you can give them as to why it was mis-sold.

 

Your other option is to use in court but then the onus of proof of mis-selling (or the civil burden on the balance of probability) would be on you as the claimant.

 

Sorry to butt in but I am in the same position regarding taking them to court. Could misselling be proved by lots of paperwork showing that people were forced to take out the PPI and warranties or would that not stand up in court?

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I would think it depends on what this paperwork is and it's source.

 

The article 'The Yes Car Nightmare' from This is Money and various review sites from people who have all had the same problem or the Whistleblower programme.

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Hi ukdarrenfan I'm from Surrey as well the paperwork is the original credit agreement with the loan and the PPI insurance plus extras we queried this at the time before signing the agreement and were told if we did not take this out we could not the get the loan , I'm aware of the yes car credit nightmare programme ,this programme should be foundation that the companies cannot refuse your request on a refund on PPI because of there underhand tactics, ad FOS I don't think they would be quick to deal with loan companies only with banks misspelling that my opinion .

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