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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
      • 160 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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Hi mate,

 

BH wanted me to Rewrite! all my items, and

 

then a week later i phoned them and said ok! and

 

the Reply i got from them at that time on phone they said they have stop'ed all Rewrite

and i would have to pay all the weeks i missed! and

 

then she went on to say i can hand some of the items back so it lowers the cost each week,

i said no i dont think so as i had paid just over 2 years of the items i had,

 

I wanted to pay so much a week until my Health was better but they would not have it.

( but before all this i did get them to take of OSC off, but they would not take DLC off)

They dont want to help unless its good for them?

 

I will know more by the end of this week as i have been told that a letter is on its way to me,

i will be taking this to FCA and then onto court if i have to,

 

Hey everyone, droppped into CAB to deliver the rest of the forms they required so she can get looking at it properly today she said and phone me later on.

 

 

Now, onto BH. from scanning several other threads it appears DLC can also be removed as there is no law requiring HP items to be insured by the hirer correct? How do I go about getting BH to remove DLC along with the OSC they have said they will remove when I dont have home contents insurance?

 

Another thing, I checked with their advice of possibly downgrading an item but once you factor in the OSC removal from my item, their downgrade would save me around 60p to £3 dependant on the downgrade item but then I'd lose everything I've paid and have to start a new agreement and pay god knows what for that item. This doesn't seem a genuine solution as far as I can see.

 

 

 

Edit: To Marcus (if you read this) how did you go about sorting your BH back on track without resorting to handing in items etc Did they agree to your specific payment plan or did the remove of OSC/DLC help you?

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As weve already said. They are trocking you into a situation that benefits them and leaves you hundreds of pounds out of pocket.

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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Dx hit the ball dead on with his last post.

 

Dont be fooled by what the reps say on here or in stores

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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I've sent another email asking to be refunded for all OSC and also included all the claim sheets for DLC too.

 

I'm kind of confused about their final resolve letter though.

 

They stated they weren't issuing a refund because I've used the OSC services in the past,

unknown to me that I was using it I should add.

 

Even so, I

'm claiming for being mis-sold services I clearly didn't want or need.

 

Surely it isn't my fault if the Brighthouse staff use these services instead of SOGA without telling me

and then claim i cant have a refund because of it.

 

I'm also not being given a refund because I was badly advised by their staff to take out one item

whilst i waited for another to come into stock and then swap them.

 

I was never told this had anything to do with OSC.

 

 

Moving on though, Citizens Advice will be writing BH an offer letter for the cost of all items minus OSC and DLC as they aren't required and I dont want them.

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You used OSC services because they didnt follow the law and allow you free repairs or replacements under SOGA. Due to this, you are still entitled to claim back the premiums.

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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You used OSC services because they didnt follow the law and allow you free repairs or replacements under SOGA. Due to this, you are still entitled to claim back the premiums.

 

Well thats what I thought. I have a feeling they will still deny a refund, but I will be taking it to the relevant bodies this time, whether thats OFT/FOS.

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They can deny one, but you can take it higher.

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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If they say no and its their final response, then you escalate 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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Received the reply I was expecting. Basically stating that because I signed the agreements (because I was told I had to) it indicates their process has been fully followed. They've used the example of me returning the item (because I was told too again) outside the 14 day right to withdraw and this only being available because "I had chosen" to take OSC.

 

Ends by explaining that if I am dissatisfied I may be able to refer my complain to the FOS and to refer to the information enclosed (there is no information enclosed)

 

Time to take this higher up then.

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at the end of the day you had to sign the Agreement or you could not get the item! to me thats miss-selling OSC, take it to FOS & FCA

 

looks like this is standard for BH just a delaying tactic! and they know this,

 

 

 

 

 

Received the reply I was expecting. Basically stating that because I signed the agreements (because I was told I had to) it indicates their process has been fully followed. They've used the example of me returning the item (because I was told too again) outside the 14 day right to withdraw and this only being available because "I had chosen" to take OSC.

 

Ends by explaining that if I am dissatisfied I may be able to refer my complain to the FOS and to refer to the information enclosed (there is no information enclosed)

 

Time to take this higher up then.

Edited by marcus6
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the fca are clearly down on record as stating that:

 

using what amounts to mere speculation that your processes were foolproof

or

referring to the fact that the complaint signed the agreement

and so thus must have read or had the insurance products terms explained to them

or

latterly had paperwork or statements that showed they were being levied the insurance product

................should not be used as a reason to reject a claim.

 

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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Hi dx,

 

so what are you saying? BH can not use >> well you signed the Agreement

 

 

 

the fca are clearly down on record as stating that:

 

using what amounts to mere speculation that your processes were foolproof

or

referring to the fact that the complaint signed the agreement

and so thus must have read or had the insurance products terms explained to them

or

latterly had paperwork or statements that showed they were being levied the insurance product

................should not be used as a reason to reject a claim.

 

dx

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correct

 

because they think they can fob people off

 

PPI reclaims are rejected in their 10,000's like this by the banks.

and people just believe it.

 

i'll find the stuff latter

 

but if you go onto the FCA website and search for the PPI stuff

 

its all there.

 

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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Hi dx,

 

thanks for geting back to us, and yea i'm on the FCA & FOS now.

 

 

There you go AcceptedWalnut get onto the FOS about this.

 

keep us updated ok, and i will do the same.

 

 

correct

 

because they think they can fob people off

 

PPI reclaims are rejected in their 10,000's like this by the banks.

and people just believe it.

 

i'll find the stuff latter

 

but if you go onto the FCA website and search for the PPI stuff

 

its all there.

 

dx

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Can somebody from the customer relations please reply to the email I sent on the 24/10/2013 and the 28/10/2013 please. I've not heard anything since 24/10/2013 and Citizens Advice really need the information I requested to move this forward and get back on track.

 

Thanks.

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Guest Ann-Marie at BrightHouse

Good Morning AcceptedWalnut

 

Thank you for your update.

 

We have requested all the information you require and will have this for you within 24 hours.

 

Kind Regards

 

Ann-Marie

Web Relations Team

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I still never received the information I requested. All I asked was to be told of the total balance remaining on my account and 9 days later I still have no reply.

 

Not that it matters now, I've managed to work out what I needed myself, I'll be passing it onto CAB first thing monday morning.

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Get a formal and full complaint going direct to the muppets , i mean Brighthouse. Lets get the FOS involved too. The more negative publicity we can bring to BH the better. It might actually make them buck up their business practices.

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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I don't know what CAB are doing but it's taking far too long and I had a BH rep at the door last night. My partner invited them in before breaking down in tears because of the non stop worrying over being able to pay this company or that company. BH were very keen to take something or anything they could last night but settled on a rewrite this saturday taking off osc in the process.

 

It was again insisted that we have to have dlc on our account to protect against fire theft and damage so i decided to look at insurance companys which means paying 4x less to cover my whole house rather than just BH's own insurance to cover a few items.

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Yes, look at other Insurance companies to provide household cover for everything. Make sure that it has fire, theft and accidental damage. That should deny BH any reason to add their expensive product.

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Found a policy from Legal & General which for a month works out cheaper to insure the full house than a week of BH's insurance on just their items. None of these quotes mention HP items though but it does cover accidental damage, I dont really want to take out a policy and then BH turn around and say no it's not good enough.

 

 

I've also been in contact with FOS over OSC and DLC, they're sending me some forms and said its definately something they look into for me.

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