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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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Nationwide LoanCare PPI help please


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What you always need to have in your mind is that this is not about your affairs, it is about the way a bank mis-sold a product. These questions may be gearing up to to a suggestion that you would have bought an alternative policy which would mean that the bank would lessen the amount it has to pay out if and when your claim is successful.

 

If it were me I would write back and tell them that had they carried out a demands and needs assessment at the time then they would have the requested information on file. If they are now asking for this information then it would seem that the assessment was not done and that adds a bit more strength to your claim.

 

Tell them again that they put this insurance on the account without your partner's knowledge and that again would reinforce the view that no needs assessment was carried out.

 

Tell them that your partner was employed with full sick benefits etc for a period of x months. If you wish you can tell them who the employer was but there is no need to go into detail about hours worked etc.

 

Tell them that the savings question is not relevant to this claim.

 

Finally tell them that if they continue with what appear to be stalling tactics and do not refund the premiums and appropriate interest within the time scale laid down by the regulator then you will be passing this to fos and advising them that in addition to your original claim, it has now come to light that no demands and needs assessment was carried out and indeed how could it have been if the PPI was added without the borrower's knowledge.

 

You can tell them that you are aware that a case fee from fos will cost them another £850.

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It's not stalling. They are asking questions which are necessary in order to fully assess the complaint.

 

It's in his best interests to answer. They cannot refuse to take it any further if he doesn't. However, in that instance they will assess based on the info they do have. Which means he could be doing himself out of a potential uphold if there is material info which he does not provide.

 

They may well have had most of this info at the time but you have to bear in mind it was 9 years ago and the person dealing with the complaint wasn't there at the time. They may no longer retain the records.

 

There is a perception on some sites that anyone who makes a complaint is automatically entitled to a full refund without question and that it is not fair when the bank do what they're supposed to do and actually investigate the case. However, the fact is that you are raising an allegation of wrongdoing against a member of their staff. And they're not going to hand money over unless they believe that on the balance of probabilities there is some substance to it.

 

All very commendable if you actually place your trust in a bank to do things properly.

 

We know that they are not to be trusted and there is plenty of evidence around here to back that up.

 

To trust a bank to get things right is sheer folly.

 

Always ensure that you retain the upper hand and control of the situation. Do not let them box you into a corner and do not let them have the wriggle room to get out of repaying a mis-sold product.

 

If the bank no longer have the records then that is their problem, especially as we know that banks retain records for far longer than they will tell you. (oh that's a trust thing again isn't it?)

 

To the OP....keep at them.

 

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the whole "banks conspired with the FBI and Elvis to shoot John Lennon" thing is inaccurate.

 

Yes I'd agree they were probably not involved in those events.

 

Nationwide was not really one of the worst culprits in the PPI scandal

 

The degree to which they were involved in the scandal is irrelevant....the fact is that they have mis-sold products.

 

Claimants should always be mindful of banks using tactics to refuse a claim in order to mitigate their payouts and I think that the success rate that CAG has in guiding people through their claims speaks for itself.

 

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