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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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Cap One PPI - What to do next?


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And when you do send it to FOS, an argument that I have seen used previously with some success on activation calls.

 

I completed the application form and noted that this insurance was not appropriate for my circumstances,

I therefore made an informed decision not to select it.

 

 

Capital One have alleged that a telephone conversation took place shortly afterwards and that I opted to take out this policy.

 

 

I can confirm that no such conversation around insurance took place.

The policy was unsuitable when I completed the application form,

there had been no change to my circumstances in the short period before the alleged sales call took place

and I would have had absolutely no reason to change my decision regarding the insurance.

 

 

I re-iterate that no discussion regarding insurance took place over the telephone,

had it done so I would have maintained my informed decision to decline the policy as one which I neither needed nor wanted.

 

And another just for Capital One cards

 

I also note that Capital One was fined by the regulator for systemic failures in PPI Sales processes between January 2005 and April 2006. Whilst this sale did not fall into that period there must be significant doubts around the sales practices and culture of the organisation in previous years. Given the scale of mis-selling identified I believe that it would be unsafe to rely upon Capital One's self diagnosis of historic sales practices as appropriate and compliant

Edited by Andybars
typo
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good call

 

 

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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Excellent info there... Thanks

 

Only difference with me it that my circumstances DID change between application in April 2000 and the alleged sales call. BUT... I will use the info in my covering letter... Thanks again.

 

G

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  • 3 months later...

My FOS details have today been sent, after talking to them on the phone

they said they will take it on and that in their opinion I have a good case for recompense.

 

It's been a long slow battle for me, mainly due to ill health (still)

but the help I have had on this forum is amazing

and I want to say a BIG thanks to all those who put themselves out to help 'me'.

 

As a kinda' final post (maybe not) I just have 2 questions or requests for further info:

 

My application to FOS is almost £4000 now with accruing interest (from the spreadies)

they say it can take up to 2yrs to go through...

so my question is,

do I still accrue interest or is it now frozen as a 'claim for the amount at present'?

 

 

That's the one question regarding PPI (promise)

 

 

So, NOW...

I want my pound of flesh from Cap One for all the problems they have given me over the last 10 yrs.

 

... I want to now instigate claiming back my expenses.

 

I mean over charges (which they had a field day with me)

 

Simply, where do I start this new venture?

and my NEXT claim from them?

Edited by dx100uk
post edited - behave - dx
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interest will cotinue to accrue, pers I would wait until your ppi claim is upheld, and then claim the charges back as further redress, as you would not have incurred them but for the ppi that was wrongly charged to your ac, that stops them from arguing as to the validty of the charges

Edited by theoldrouge
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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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