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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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4 wks missed to BH - now demanding good backs - help


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Hi guys,

 

Got letter today from FOS, adjudicators are now investigating the case, They have asked Caversham Finance LTD (trading as BrightHouse) to send them information regarding my complaint so they can look into what has happened!

 

 

I will update as and when i get any news!!

 

Thanks

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It will take a few weeks, but dont be surprised if the adjudicator sides with BH. If they do, then you can escalate it to the ombudsman. Be warned though, that the ombudsman can take 6-9 months before they get to your case.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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It will take a few weeks, but dont be surprised if the adjudicator sides with BH. If they do, then you can escalate it to the ombudsman. Be warned though, that the ombudsman can take 6-9 months before they get to your case.

 

 

Hi mate,

 

yea it says it could take up to 12 weeks, Thats fine if FOS side with BH but i can not see how they can! as when i got all the items from BH my wife was with me, so i have a witness! ( That i was told i had to have OSC or i could not get the item and DLC was just added) i will take it to FCA and then court! or i may just bypass FCA and take it to court.

 

 

There are a number of cases been refunded on here! + BH have new Agreements now? why is that? Thats the Big? all this works for me and my case! at the end of the day i will have my day in court if i have to.....

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If the adjudicator sides with BH, you can always escalate it to the ombudsman instead.

 

Regarding agreements, BH were featured on various media programs and in newspapers last year. Theyve now told people they can remove the insurances, but any new agreements and especially 'rewritten' ones ( which they are trying to force on people who have problems paying), have the insurances removed, but the cost of them is added on as 'interest' instead'

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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  • 1 month later...

HI guys, i got this email back on the 14th of last month! anyone know how long i still have to wait, as i feel they are not moving as fast as i would like or even if they going to move on this or not, i was thinking of escalating this! and start court proceedings?

 

This is the email i got! >>>

 

Dear Mr xxxxxxxx,

 

I am writing further to your email to my colleague, xxxxxxxxxx

 

The Financial Ombudsman Service isn’t free to look at every complaint we receive. The Financial Conduct Authority, which regulates the financial services industry, sets the rules about what products we can consider.

 

The agreements you hold may fall outside these rules - because they may not be the type of product which is regulated by the Financial Conduct Authority.

 

Before we can consider the issues you have complained about we have to decide if this is the case. This will take some time because the rules are particularly complex − and we might need further information from you or the business involved. But we feel it is important to spend time now to clarify the position which will mean we avoid any confusion at a later stage.

 

We will contact you again as soon as we have an update.

 

Yours sincerely,

 

 

 

xxxxxxxxxx

 

Lead Adjudicator

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Fos can take up to 6 months to reach a decision, depending on their workload and complexity of the case.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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  • 4 weeks later...

Hi guys,

 

I sent an email to the Lead Adjudicator! that i'm dealing with to ask for an update, ....not sure what to make of this, i know that BH come under the FCA now, but when i was with BH they came under FOS,

 

This is the email i got back >>>

 

 

Dear Mr ******

 

 

 

Thank you for your email.

 

 

 

Unfortunately, we are not yet in a position to confirm whether your case is one which we can look into.

 

 

 

I know your case has been with us for a number of months now and I am sorry for the delay but we are still looking into the issues involved.

 

 

 

If a case does not fall within our jurisdiction then we have no power to look at the merits of the matter, or to make any recommendations to the business concerned. We are currently reviewing the agreement you hold, in light of the rules which set out our powers (The Financial Conduct Authority’s DISP rules, which can be found online .

 

 

 

We appreciate your patience while we are looking into the matter and we will be in touch with you again as soon as we have an update.

 

 

 

Yours sincerely,

 

 

 

********

 

Lead Adjudicator

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  • 2 months later...

Unfortunately it can take up to 2 years or more to obtain a decision from the FOS !

 

You could send them an email asking what the status of your complaint is !

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Hi citizenB,

 

Do you know if anyone else has gone down this road with BH?? i'm happy to wait and see what the FOS come up with, the longer it takes the more they will see how BH is run,

and the fact BH just side stepped my claim with a standard letter just shows they don't give a dame..

 

Unfortunately it can take up to 2 years or more to obtain a decision from the FOS !

 

You could send them an email asking what the status of your complaint is !

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Hi all,

 

I just got a letter from BH today, they have sold my Account to a DCA on the 1/08/13 but there letter is dated 12th/08/2014, i did not think they could do this why there is an on going complaint.

 

I will be letting FOS know about this as they did say to let them know if anything like this came..

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Nope. They should have NOT done that while the account is in dispute and there is an official complaint. However, this is Brighthouse and they dont seem to care much about the rules.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Nope. They should have NOT done that while the account is in dispute and there is an official complaint. However, this is Brighthouse and they dont seem to care much about the rules.

 

It will help my case if i have to take them to court, but then saying that it should help my case with the FOS i will see what they have to say about this.

 

Thanks

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  • 8 months later...

Hi all,

 

Well i got a letter back from FOS? They have said that they can not help as its to with OSC & DLC and as they are add on's , it can only look at the miss selling of the agreement and not the miss selling of add on's? To the said agreement! i think they are wrong? But i'm not going to waste any more time with this, i will be taking it to court now,

 

If anyone can help me with this? Ie, if you have gone down this road and won, drop me a PM, of if you can help anyway that would be good.

 

 

Thanks

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Hi all,

 

Just to let you know, a letter before court action will be sent by the end of the week, i have to do this by law, as it lets them know i plan to take them to court and why? And it gives them opportunity to settle before court, and it also lets them know what i am willing to settle for if we don't go to court, but it will also have in the letter what i plan to claim if this goes to court.

 

 

Watch this space!

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at the end of the day they can wave their arms around all they like

 

what you have not got you cannot pay

 

if you've been with them that long

 

its a bout time you dumped them!!

 

you've prob paid 3-5 times the market value of items anyhow!!

 

why not pay them by your internet bankingsite?

 

did you get that cancelled OSC back?

 

should have

 

why have you the other ins?

 

you DO NOT need house insurance you can still cancel it and get it back

 

dx

 

 

Sorry for butting in but the sly way Brighthouse do it now with there 5 star service which really does hike the price up and includes insurance regardless of what they say to disguise it there is no way out for the customer to reduce what they pay per week :(

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So what is the point in claiming OSC & DLC if it gets us nowhere. seems to me as if the fos doesn't care hence Brighthouse and others like them can get away with this type of thing again & again. are these regulators etc scared to fight these company's? Brighthouse wins again!

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You can reclaim it. They're just trying to find loop holes in regulation and law to avoid paying it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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So what is the point in claiming OSC & DLC if it gets us nowhere. seems to me as if the fos doesn't care hence Brighthouse and others like them can get away with this type of thing again & again. are these regulators etc scared to fight these company's? Brighthouse wins again!

 

What the FOS have said is, its not something they can look at as the FCA sets out what they can help with, so i would have to get FCA to look into it or take them to court, i plan to take them to court, i just have to get all the info for the case "ie" info from the consumer credit act and the OFT act, then i will be going to court.

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  • 1 month later...

Hi all, it took a bit of time to get the letter sent, but i have done it and it got sent on the 4th so they have until the 2nd of july to reply,

 

watch this space?

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  • 3 weeks later...

Hi all,

 

well i got a letter of BH , it reads

 

Dear Mr xxxxxxxx

 

OUR Ref XXXXXXXX

 

Further to your contact received on 5th june 2015, we are sorry that you are unhappy with the service we have provided.

 

We are conducting a thorough investigation into your concerns and, once this has been completed, we will write to you again.

 

Please find enclosed a copy of our internal complaints procedure for your information. please take time to read this as it explains how we will deal with your complaint and when we will contact you again.

 

 

 

 

OK!! the thing is how long should i give them to get back to me?? as the next step is "court", should i give them 1 month or less??

 

Thanks

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They have 8 weeks from when you first complained

 

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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They have 8 weeks from when you first complained

 

Dx

 

 

It was not so much that i complaind, it was a letter before court action? would it still be 8 weeks?? to wait for there investigation to be done?

 

m6

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sorry was on a small screen

if you sent it back in april

it is long ago

typically LBA's say 14 days?

 

 

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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