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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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      • 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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Barclaycard PPI-Denied as ppi was taken out prior to 2001!!!!


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If they suddenly dump money in your account without giving you any clue as to the make up then you challenge them.

 

You cannot be expected just to accept what the bank says (or indeed fos) without having an opportunity to confirm whether the figures are correct.

 

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have a look in the bc forum stickies

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I should be able to post some very interesting news relating to BC in about a week, but in the meantime, this should make everyone laugh....it is laugh or cry and I will not cry over these people. Even though they have upheld the case, have made offer and payment is being processed, the PPI is still active, and they took PPI on our early Feb statement! The FOS were very interested to hear this when I told them!

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As you say, laugh or cry.

 

Look forward to the interesting news :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 3 weeks later...

If you are familar with this case, you will know that BC, verbally and in written response twice to our SAR, including pressure from the ICO, insisted that they only had statements back to May 2004. However, one night I went over every ine of the dot matrix print outs they had sent us....and noticed a very interesting entry:

 

Memo Type Code ARCH ARCH= STMT ARCHIVE COPY REQUEST

MEMO TEXT COPIES TO CORRESPONDENCE PPI GLASGOW JAN01-APR04

That was in November, just after we had raised the PPI complaint with them, before we even sent in the SAR.

Speaking on the phone once they made their initial offer after the FOS found in our favour, I asked how it had been calculated, all innocence, and was told they had statements back to 2001, and from then to start of card used estimates!!!!!!!!!

Thus, anyone doing a SAR with BC, don't listen when they spout the six year line, not true! I have fired off emails to every BC address I could find, and am waiting for a reply. First and foremost, we have told them we want the statements back to Jan 2001 sent to us immediately. I am also complaining again to the ICO, and to the FOS as BC caused us unnecessary stress, etc. It is well over a year since we sent the SAR, so I would say they are just a little bit guilty of non-compliance!!!!!!

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Thanks Slick

 

Have details of their offer through, do these amounts make a slittle sense to you all as me?

 

Premiums Paid: 3796.29

Compound Interest: 3400.94

Simple Interest: 3969.24

 

This is for a card starting Feb 1994, no known statements until Jan 2001 (I have not seen Jan 01 to Apr 04 yet), I have from May 04 to current.

 

With my HSBC offer, the CI was much much more than the SI, has anyone ever seen it where the SI was more?

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whwn did the card close

if its been closed for many years then the SI will be more than the CI

if there was inly PPI on it for a while.

 

did you ever work out what your avg ppi was PCM?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Card/PPI opened Feb 1994,

used regularly,

then a lot between 1998 and 2002,

 

had some zero balance years on it between 2007-2010,

PPI cancelled about a week ago.....

 

..Can't really work anything truly indicative out as only have statements back to May 2004,

and some of those were 0 balance,

 

so need to get these earlier statements to give me a better indication...

 

...But I really can't see the SI being more than the CI, not with the length of the account and the spending.

 

Don't forget, as they only had statements back to Jan 2001,

they say they estimated from last known statement down to zero in 1994.

 

I guess if there had not been a lot of spending, the years at zero balance would account for higher SI,

but it looks to me like they have used a very low interest rate to calculate the CI?

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you need to request a breakdown then

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes, defo insist that BC supply you with a spreadsheet to show their workings.

 

Without knowing the amounts of PPI, either actual or estimated, it is not possible to check their figures.

 

BC, of course, know this and hope you'll accept the figures without question.

 

:-)

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Just had a call re statements from Jan01 to Apr 2004, "Oh well they might have had them then but not sire how long they would keep them, so they might have destroyed them by now" Seriously? I have said if that is what we get told we will be getting legal advice, would they be outrageous enough to claim this?

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Hi candyapple1,

 

Yes they would!!

 

The banks will claim anything to prevent paying out PPI refunds. If you have the information in black and white from barclaycard then IMO you should pass the black and white info to the Financial Services Authority as well as the FOS. Time to tell everyone about everything on the PPI issue. It is now in the open. It is agreed it was mis-sold on a huge scale by most banks, loan companies, credit card companies, mortgage companies, insurance companies, in fact nearly every financial institution was on the PPI bandwagon. So tell Barclaycard it is now time to pay up and not delay things any further or you will broadcast their delay to all the relevant authorities. FSA, FOS, OFT and the media. Get in touch with your local news paper radio station etc. Time to put the pressure back on if they are playing hardball.

 

If you need links to the authorities let me know and I will post the links to you.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?135060-Mis-sold-PPI-Want-your-money-back-use-these-links-to-help

 

some links may now not work as they were posted up some time ago before I left the site team. Some though may be of use :)

aa

Edited by alanalana
link added

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

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

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Thanks for the messages. UPDATE

 

Received the statements from BC, but guess what they did????

 

In 2002 the account number changed to a new one. However, they have sent statements from the old account number, over a years worth, thus claiming the card balance was zero for all that time! It gets more and more interesting every day!!!!! So next thing to chase up is the correct statements for all of 2003 and half of 2004. Might get everything we need by the end of this year!

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How long are B/C going to be allowed to play games this is the very reason I put mine in the FOS hands. They upheld the claim but just would not send a breakdown no matter how many times I asked.

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How on earth can you check the bank's calculations if they won't disclose them. :-x

 

Not clear if the bank is refusing to disclose calc'ns to the FOS, or the FOS refuse to pass them to the claimant. :???:

 

:-)

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I haven't heard from FOS only acknowledgemnt it will be a while yet before I hear anything only been with them a couple of months. I wrote letter and even spoke to the directors office and still they didnt send thier workings so gave up in the end but did send a lot of paperwork to FOS

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Hi Anney,

 

If this was me, I'd go back to FOS in writing and insist they or the bank send you the calc'ns which you require and which you're fully entitled to.

 

:-D

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                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

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Hi Anney and sorry to Candyapple for hijacking.

 

Sorry, of course you have to give the FOS time to respond - I was confusing the issues and thought this was YOUR thread.

 

Yes, wait for the FOS to come back to you and I'll read about events on your own thread.

 

:-D

We could do with some help from you

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                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

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OK, finally have all the CORRECT statements back to 2001. In their offer, they said they worked backwards down to zero from earliest known statement. Good news is, within some of the paperwork they sent us, is the highest balance of the account, which is 7400. However, none of the statements from now back to 2001 go above 5000-thus, the way they have calculated the offer is incorrect! I also have records, again from them, showing three quick credit limit increases, manually rather than periodically created, so I can pinpoint when the balance was that high, as it corresponds with the credit increase. I shall have a busy night tonight redoing the spreadsheet!

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