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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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Ford Credit Europe Bank PPI


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Hi All,

 

I found a letter from FCE Bank showing the agreement number. registration number, overall monthly payment and the date of agreement of 22/07/97. The letter states that my PPI paperwork was included, unfortunatly I was unable to find the policy, just this letter.

 

I then sent a SAR to FCE and they have returned my cheque with a letter stating:

 

Under Data Protection laws we retain account information for six years from the closure date of the account and therefore no longer have the information that you have requested.

 

I have managed to work out that PPI for this car loan was approximately £88.70 per month over 5 years.

 

I do not have a legiable copy of the agreement, hence the SAR, just the letter.

 

Is it worth while sending them a PPI claim based on what I have or do I need more evidence to support my claim?

 

BP

Many of life’s failures are experienced by people who did not realize how close they were to success when they gave up. - Thomas Edison

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They will have records going back to the day they started, DPA doesn't say you have to destroy everything, only personal details no longer required. So they might not know who your granny is, but they will still know that a Mr BigPhil61 had a loan with them.

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FCEAgreementEscLett.pdf

 

Hi,

 

Thanks for your quick reponses!

I have attached the letter above, with all personal info removed.

 

To be honest Ims I'm not sure how I worked it out,

I think I based my PPI calculations on the interest rate charged on one of the two agreements,

I was able to just make out PPI ticked on the other agreement!

 

Long story to be honest, first car was petrol, realised after a month I needed a diesel due to my milage at the time so swapped car, hence two agreements!

 

BP

Many of life’s failures are experienced by people who did not realize how close they were to success when they gave up. - Thomas Edison

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Hi All,

 

I've just rechecked the agreement again and it looks much clearer in PDF format (I now know I should have done this in the first place, applogies to all). It appears (after zooming in) that the agreement was for 18 months, I still can't make out the overall loan amount but in the PPI section of the agreement am I right in concluding that the PPI added to the loan was £173.69 per month?

 

BP

Many of life’s failures are experienced by people who did not realize how close they were to success when they gave up. - Thomas Edison

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Hi Ims,

 

18 x 173.69 = £3126.42 but this figure does not appear anywhere on the agreement. I can just make out from the agreement that the overall figure A + B is £8242.xx? The monthly payment figure appears to be £426.24 just below the overall figure and this lines up with the attached letter that states the overall monthly payments will be £426.24?

 

Further down the agreement it states ' one third of the total amount payable under this agreement, that is £2747.51' which x 3 = £8242.53.

 

 

So I'm really confused as to what the actual payment for PPI would have been, like you I thought the PPI would have been £23.95 but the figures just don't add up!

 

BP

Many of life’s failures are experienced by people who did not realize how close they were to success when they gave up. - Thomas Edison

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Hi Conniff,

 

As stated above its a long story, on the first day of a new job my car (which I had bought specifically to get me to this new job, from my next door neighbour) engine blew up, I managed to get my money back from him, eventually! I called into the job, expalined my situation and told them I would be in the following day.

 

Being stuck for getting to work, as one does I went to the local showroom and asked if they could help me!

 

We are talking of a round trip of just over 120 miles per day, with no direct bus or train, so I felt a good car was needed!

 

Whilst in the showroom after explaining my situation, I was given full details of the new car and how it worked, I was even taken for a long test drive around the city!

 

After being in the showroom/car for over 4 hours I was ready to sign anything as all I wanted was a chance to start my new job the following day!

 

I was not given the option to purchase PPI from elsewhere! It was never explained to me that I would pay interest on it. I had several ways of making payments including savings, family and friends. Also my new job would have given me six months full and six months half pay, if sick from day 1, I had life cover and would get redundancy! Hence I did not need it or want it and I feel that at the time they took advantage of my situation to insist that without PPI I would not get the car loan!

 

BP

Many of life’s failures are experienced by people who did not realize how close they were to success when they gave up. - Thomas Edison

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Hi Ims,

 

I'm having the same problem, but the figures for one third of the total amount payable are fairly clear. If I send in the claim of PPI = £173.69 x 18 months would they not just correct my calculations if they are wrong?

 

BP

Many of life’s failures are experienced by people who did not realize how close they were to success when they gave up. - Thomas Edison

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I'd put in a claim for sure.

 

See what they come back with.

 

It's just nice to be aware of what any offer might amount to but it's not essential. Maybe if they make an offer, their calculations may make things a bit clearer.

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Thanks Ims,

 

I will update once I get a response!

 

BP

Many of life’s failures are experienced by people who did not realize how close they were to success when they gave up. - Thomas Edison

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Hi Conniff,

 

As stated above its a long story, on the first day of a new job my car (which I had bought specifically to get me to this new job, from my next door neighbour) engine blew up, I managed to get my money back from him, eventually! I called into the job, expalined my situation and told them I would be in the following day.

 

Being stuck for getting to work, as one does I went to the local showroom and asked if they could help me!

 

We are talking of a round trip of just over 120 miles per day, with no direct bus or train, so I felt a good car was needed!

 

Whilst in the showroom after explaining my situation, I was given full details of the new car and how it worked, I was even taken for a long test drive around the city!

 

After being in the showroom/car for over 4 hours I was ready to sign anything as all I wanted was a chance to start my new job the following day!

 

I was not given the option to purchase PPI from elsewhere! It was never explained to me that I would pay interest on it.I had several ways of making payments including savings, family and friends. Also my new job would have given me six months full and six months half pay, if sick from day 1, I had life cover and would get redundancy! Hence I did not need it or want it and I feel that at the time they took advantage of my situation to insist that without PPI I would not get the car loan!

 

BP

 

That's what I was hopeing you would come back with. Good luck, you're in good hands.

 

P.S. I can't read it either.

 

As for the SAR, you can always tag on the end of your letter to them - 'for a tenner, I will sent you a copy' :D

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  • 2 weeks later...

Hi All, I have had a response from FCE, they state that all data was deleted 6 years after the account was closed in line with the DPA and therefore they are unable to confirm or otherwise my alleged mis-sold PPI claim, they then state that I can take the matter up with FOS and I have six months from the date of the letter! What information will FOS require in order for me to continue with my claim, do I just fill in the FOS claim form and send it in? BP

Many of life’s failures are experienced by people who did not realize how close they were to success when they gave up. - Thomas Edison

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  • 2 weeks later...

Hi All, I'm still stuck on the above, the agreement is from 1998 will FOS look at my complaint? BP

Many of life’s failures are experienced by people who did not realize how close they were to success when they gave up. - Thomas Edison

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Hi Ims21, Thank you for your response and I will pass to FOS.BP

Many of life’s failures are experienced by people who did not realize how close they were to success when they gave up. - Thomas Edison

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  • 3 weeks later...

Hi Ims,

 

Just to let you know I managed to get a readable copy of the agreement (very long story) where now all the details can be clearly seen! I now feel much more confident in passing my complaint over to FOS. Many thanks for your advice throughout and be assured that I will be making a donation to CAG as soon as I have the monies in the bank!

 

BP

Many of life’s failures are experienced by people who did not realize how close they were to success when they gave up. - Thomas Edison

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