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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 
      • 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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PPI, RBOS & Loan Statute barred ** TOTAL WIN **


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Further spreadsheet

 

 

You forgot to attach it :)

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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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Hi

 

Sadly that's not the way to do it (I wish it were!)

 

Have you got the statements of the loans to show the payments made and when?

 

If not you will need to SAR the lender to get as much detail as you can. You will not be able to work out the amount you are due back with just the schedule they have given you.

 

I take it you haven't got the original agreements? If you haven't got hem you need to ask for copies in the SAR request.

 

Were your loans all stand alone loans or did one refinance the other?

 

ims

 

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I have attached the letter I received from RBS

Another delaying tactic I assume

I cant remember exactly but I think some of them were refinancing

I will not respond to their letter and ask for full loan agreements

I assume they will still have to comply within the 40 days

I assume my figures are far too high and I would not be due that amount back :-(rbs letter0001.pdf

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Hi

 

You need to write back to them and tell them that you require a full SAR....as they seem to have fulfilled the one where you asked for PPI stuff only, you may need to send another £10.....or was your original SAR a full one?

 

ims

 

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OK so if your original request was for a full SAR you need to tell them that and let them know that if they do not fully comply they are in breach of the Data Protection Act. Tell them that you want the rest of the DAT in 14 days (if the 40 days for compliance is up) otherwise you will take the matter further.

 

If their 40 days is not yet up then just a gentle reminder to them that the clock is ticking and that you look forward to receiving the rest of your data within the time limit allowed.

 

ims

 

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They have tried to say that as my original request was not signed the 40 days starts from when they got my signature on the 20th February.

I did point out to them that waiting to day 36 before informing me they needed a signatureas my original request was submitted on 12th December could be seen as a delaying tactic and wouldnt be looked upon favourably if I decided to take it further and this was when they offered the spreadsheet of loans but I now see that this was a further stalling tactic

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Have spoken to RBS this morning and he says it is unlikely that they have the loan agreements going back to 1997 as per the spreadsheet provided and this is the standard information that they provide

 

Should I push for the loan agreements or just send the letter of complaint and see what happens

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  • 1 month later...

Have received 3 offers so far all with the same attached disclaimer as attached here

My only concern with signing this is the part about they will make any deductions for money owed. As the loans are statute barred I am assuming that they can not make deductions for these

Also they have not included how they calculated the amounts due and as they could not provide me with the original paperwork I had no way of working out if the calculations are accurate

Any advice appreciated

ppi edited2.pdf

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OK of you want the breakdown of the offer you will need to request it from them. They should have provided you with something bit if not you need to ask for it.

 

SB means that a debt cannot be pursued through court...it doesn't man that the debt doesn't exist so if they have spotted that you owe them money then they will carry out a set off IMHO

 

ims

 

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They provided me with a basic which basically says amount of PPI then interest less tax giving a total

They said that as they were linked through various loans this was calculated accordingly

I know there are spreadsheets on here for working that out but as I dont have the figures I dont know if they are accurate

I suspected that they might be able to offest it against the outstanding loan even though it was statute barred but was sure someone on here said they couldnt do that

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