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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
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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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Material returned after SAR What next?


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I need some help in understanding the information that was returned following an SAR issued on HBOS. This relates to a loan that my wife took out in ‘06 that had 42% of the capital sum applied as PPI.

Specifically, what am I looking for?

 

In summary the useful info I have got is

Original signed contract (showing “insurance” being applied to the loan amount)

Other papers provided at time of contract

Payments made and dates Etc

The not so useful info I have got

A paper (appears to have been issued with the contract, for signature) that states that based on needs have been assessed and we recommend insurance. Precise text below

Information not provided or "missing"

Transcript from the point of sale (via telephone) - there is no mention of this in the stuff that came back from HBOS

 

 

My wife maintains that at time of application, she was she was led to believe that the likelihood of a successful loan application would increase if PPI was taken out. She has no recollection of being told that it was optional and that she could obtain cover elsewhere and she's convinced she was not questioned over her health etc, yet the following appears to show that she’s been asked specific questions

 

One of the papers returned by the SAR (in the contract pack) states:

 

Need

Mrs XXXXXXX you have confirmed that you are working and have applied for a loan. You require the peace of mind that your monthly loan repayment would be covered should your income stop unexpectedly.

Our Recommendation and The Reasons For Making Them

We are advising and making a recommendation to you after we have assessed your needs based on the information provided to us, the product recommended is suitable because it will cover you should your income stop unexpectedly.

 

We recommend that you consider our Creditcare Gold, as you have advised that you do not have existing cover that you wish to use, that would protect your new commitment to us. You have advised that you have taken into account the cost of the insurance, which will be added to your new monthly loan payment on completion of your loan.

 

Given all that, the (signed) contract we have clearly show that the “Creditcare Gold” box has not been checked/ticked

 

These two points are in conflict. Any hints or tips about this?

 

Or this just poor-management by HBOS, that we can use to our advantage?

Edited by Tungata
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Hi

 

So they provided the agreement and statements of account yes?

 

That is all you need to prepare your claim schedule.

 

Forget getting bogged down in the minutia of things....check the list of criteria for mis-selling...there are usually three or ore that apply to most people who have been mis-sold

 

ims

Edited by ims21

 

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Thanks for the response. Sometimes it's always good to have second opinion to clarify what the actual objective is

 

Yes, we do have all the stuff about what the initial loan was, how much was PPI, what was paid and when Etc

 

FOS Questionnaire under construction now....

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