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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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Blackhorse PPI claim rejected


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Please I need some help, I took out a loan awhile ago that am still paying for it and decided to claim my PPI back, I called Blackhorse and filled in the questionnaire that was sent to me but to my amazement today I received a letter stating "In your questionnaire dated you said

  1. You were not informed of the features, benefits, exclusions and limitations of the policy
  2. You were told that taking out the policy would increase your chances of getting the loan
  3. It was not made clear that the PPI policy is optional
  4. You advised that we automatically included PPI in the quotation
  5. You were pressurized into taking the policy

Their conclusions are "In light of my findings, I feel that our adviser acted fairly and reasonably throughout the sale, I have found nothing to suggest that you were compelled into the taking out the policy. I believe that the information provided at the time of sale was a fair presentation of the features of the policy and explained the policy exclusions and the total cost of insurance. I am also of the opinion that it was clear, fair and not misleading therefore allowing you to make a fully informed choice. My review has not highlighted any failings with the sale that would lead me to believe your decisions to purchase the PPI policy would have changed."

 

What can I do now as I need your help please

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Please I need some help, I took out a loan awhile ago that am still paying for it and decided to claim my PPI back, I called Blackhorse and filled in the questionnaire that was sent to me but to my amazement today I received a letter stating "In your questionnaire dated you said

  1. You were not informed of the features, benefits, exclusions and limitations of the policy
  2. You were told that taking out the policy would increase your chances of getting the loan
  3. It was not made clear that the PPI policy is optional
  4. You advised that we automatically included PPI in the quotation
  5. You were pressurized into taking the policy

Their conclusions are "In light of my findings, I feel that our adviser acted fairly and reasonably throughout the sale, I have found nothing to suggest that you were compelled into the taking out the policy. I believe that the information provided at the time of sale was a fair presentation of the features of the policy and explained the policy exclusions and the total cost of insurance. I am also of the opinion that it was clear, fair and not misleading therefore allowing you to make a fully informed choice. My review has not highlighted any failings with the sale that would lead me to believe your decisions to purchase the PPI policy would have changed."

 

What can I do now as I need your help please

 

typical of BH

 

speculating upon what should of happened rather than what DID!

 

they were not there!!

 

write and complain and make ref to section 56 of the cca

 

Consumer Credit Act Section 56. refers...

— (1) In this Act “antecedent negotiations ” means any negotiations with the debtor or hirer—

(a) conducted by the creditor or owner in relation to the making of any regulated agreement, or

(b) conducted by a credit-broker in relation to goods sold or proposed to be sold by the credit-broker to the creditor before forming the subject-matter of a debtor-creditor-supplier agreement within section 12(a), or

© conducted by the supplier in relation to a transaction financed or proposed to be financed by a debtor-creditor-supplier agreement and “negotiator ” means the person by whom negotiations are so conducted with the debtor or hirer.

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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no

 

template letters only get temple answers.

 

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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Share on other sites

They always say that :)

 

As someone else commented, trying to get a PPI refund with some banks is like trying to catch a monkey in a tree. You are going to have to outsmart them by getting them to contradict themselves. The first thing to do is to get as much paper evidence against them: the original Credit Card Agreement, copies of all statements, your request for a PPI refund, their "final response", dates when items were sent and received by post (recorded by next day delivery or registered post). Sometimes the bank agents are so eager to get the commission from PPI, they just ticked the box in for you. Or they put in small print that negated the logic, so by opting out by not ticking the box, they actually opted you in. Or maybe they just filled in the form for you and asked you to sign the lines marked with an X. Doing these always counts against them.

 

You'll need all the above documents for several uses: to make a complaint to the Financial Ombudsman, a complaint to the Information Compliance Officer or a small claims court. The more documents you have, the more often they contradict themselves: They'll say their records don't go back more than 6 years, yet they will be able produce a CCA from 20 years ago. They'll give you monthly statements from a SAR, but mix up the dates, so they give you 2005 instead of 2008, but said the records were no available. All that works to your advantage in the end.

 

With the CCA, your request for a refund, and the banks final response, you can make a complaint to the Financial Ombudsman. However, as there are over 1000 complaints/day coming in, it will now take a year for them to get to your case. The bank statements are useful in order to determine how much of a refund you are owed.

 

 

Use the Data Protection Act to get past bank statements. Very often, banks try and weasel out of this by just giving you a subset of the statements you requested. Sometimes they do this even after multiple requests. By law they have 40 working days to respond to your request from the day it was delivered to their offices. If they refuse, only partially send you information, or provide no explanation why they can't provide you with the data, you have them trapped on a branch and can make a complaint with the ICO. Several court cases have used this to demonstrate that the bank was either incompetent or deliberately obstructive.

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