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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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Are there any self-employed people out there that had their PPI mis-selling complaint upheld by Barclaycard?


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I have two PPI complaints with Barclaycard awaiting a decision on behalf of a friend - on one of them she was self-employed at the time of taking out the card, the other she was employed but then became self-employed shortly after and unaware that the PPI was no longer appropriate as Barclays had never provided any details or policy documents for either policy. The second claim is less likely to be upheld because it's the situation at the time of the sale that is taken into consideration. However as Barclays had failed to fully inform her and she was considering self-employment at the time it was taken out it's still worth complaining about anyway, nothing ventured nothing gained etc. Their time is up this week for responding so I'll let you know what their response is if it helps.

 

I'm also self-employed and I've had no problems having any complaints upheld except for HSBC, which has now gone to the FOS. That was MPPI so I was also nervous about mortgage and current accounts etc if they turned nasty. It's my understanding that if you take them to court they're more likely to end their relationship with you - to be honest the FSA etc can take a dim view but what they can actually do about it I'm not sure. A bank can certainly end their relationship and close the accounts of any customer for no reason at all if they want, as long as they stick to their own published rules about giving notice. Not sure about whether they can do this with mortgages - I'd like to think it was more complicated for them to shut a mortgage down!

 

Personally if you're not in a mad hurry for the money I'd go FOS first, despite the wait (and the 8%, if applicable, keeps accruing during that time). If the FOS don't uphold you can then still go to court - you can't do court then FOS.

Edited by freelance
  • Confused 1

Score Card

 

For myself, family and friends......

 

WIN! MBNA - £8,000 CC PPI + 3 months interest for delayed refund

WIN! RBS - £1,400 CC PPI + 4 months interest added for delayed refund (via FOS)

WIN! RBS - £150 BC (via FOS)

WIN! Creation - £575 Store card PPI + 3 months interest for delayed refund

WIN! Creation - £120 BC

WIN! Ikano - £795 Store Card PPI

WIN! CapitalOne - £1700 CC PPI

WIN! CapitalOne - £110 BC

WIN! HSBC - £2,850 CC PPI

WIN! RBS/MINT - £1,900 - CC PPI

WIN! Halifax - BC - £102

WIN! Barclaycard - £130 BC

Awaiting offer HSBC - MPPI (via FOS)

Awaiting final response Barclaycard - CC PPI

Awaiting final response Morgan Stanley - CC PPI

SAR sent HSBC - CC PPI + Loan PPI

SAR sent GE Money - Store Card PPI - not holding out much hope as very old account

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Share on other sites

Many policies do claim to offer cover for the self-employed. The problem is that the 'exact terms' which apply to the self-employed in the ever-elusive policy documents made it almost impossible for anyone self-employed to successfully claim on the policy. Just because they say they cover something doesn't mean they'll ever pay out on a claim. Most people selling these policies didn't even understand what 'self-employed' meant, let alone asked any questions about the nature of that person's self-employment, explained the terms or any exclusions or provided policy documents. It's also a standard response of banks, when confronted with a mis-selling complaint, to just blindly quote that they do 'cover self-employed people' regardless.

Score Card

 

For myself, family and friends......

 

WIN! MBNA - £8,000 CC PPI + 3 months interest for delayed refund

WIN! RBS - £1,400 CC PPI + 4 months interest added for delayed refund (via FOS)

WIN! RBS - £150 BC (via FOS)

WIN! Creation - £575 Store card PPI + 3 months interest for delayed refund

WIN! Creation - £120 BC

WIN! Ikano - £795 Store Card PPI

WIN! CapitalOne - £1700 CC PPI

WIN! CapitalOne - £110 BC

WIN! HSBC - £2,850 CC PPI

WIN! RBS/MINT - £1,900 - CC PPI

WIN! Halifax - BC - £102

WIN! Barclaycard - £130 BC

Awaiting offer HSBC - MPPI (via FOS)

Awaiting final response Barclaycard - CC PPI

Awaiting final response Morgan Stanley - CC PPI

SAR sent HSBC - CC PPI + Loan PPI

SAR sent GE Money - Store Card PPI - not holding out much hope as very old account

Link to post
Share on other sites

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