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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.

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      Many thanks 
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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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Advice please regarding PPI claim


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Could someone give me some advice regarding the below please? I've also attached the letter I received from the Ombudsman. I've tried to be as detailed as possible but please let me know if I can provide any further information.

 

I started pursuing my PPI claims a couple of years ago by writing to the bank. When the bank rejected my claim, I went to the ombudsman to further my claim . I told the ombudsman that I felt that I had been pressured into taking up the PPI to ensure that I was accepted for the loan, I was under considerable financial pressure, and had I not been able to borrow the money, things looked like they would have unravelled fairly rapidly.

 

In the meeting at the bank I was in an environment I am not comfortable in and I am dyslexic which puts me at a disadvantage when reading forms etc. During the meeting the subject of PPI was brought up repeatedly, and I felt that to turn it down would be to prejudice my application, at no time was it made clear that there was no link between a loan being offered and my taking up PPI. In fact to my mind, securing my payments reduces the banks risk and therefore makes me a better candidate to lend money to.

 

None of this is reflected in the notes of the bank, and the letter from the ombudsman dated 5/12/14 makes much of the fact that at the bottom of the form PPI is listed as optional, now in a situation where I am in an environment in which I am uncomfortable an having difficulty rapidly absorbing written information, and not unusually for someone applying for a loan needing the money sooner rather than later, I signed.

 

The ombudsman's letter says that my pre existing joint problems are not of any consequence as I had only had 5 days off in the previous few years, and that my claim that my family would assist if push came to shove was uncertain, and therefore the insurance was appropriate . I would suggest that as the insurance only covered the interest ,and I believe was for a limited period , that it would be of limited value as the type of work which I do is physical, the potential of a bad joint problem is that I am no longer able to continue my occupation at all,in fact the condition of my Knees at present is making this look like a distinct possibility.This would not be helped a great deal by the PPI. The statement that my family was not certain to help me is philosophically true, but statistically far more probable than being able to successfully make a claim on the insurance.

 

In terms of the history of my claim with the ombudsman, it is coming on for two years now, there was an initial phone call in which I laid out my case as I have here, it was intimated then that this was the type of case which they would support . I filled in the forms received a letter sometime later saying again that this indeed was a case they felt they would be able to uphold, sometime elapsed I received letters saying how busy they were but I was not forgotten .I wrote to them to notify them of a change of address, they wrote back immediately acknowledging my letter, but sent it to the old address.

 

Eventually I received a letter from the adjudicator saying that they would be writing to HSBC recommending that they settle with me, some time later the adjudicator wrote back to say that HSBC had declined and it would go to the ombudsman , and could I send any further information I thought relevant, I wrote back reiterating my case.

 

At some point I wrote to the ombudsman to say I had again changed address, they wrote strait back to the old address, I rang them to see why they had sent the letter to the old address, and was informed by a very pleasant member of staff that although they acknowledge the letters immediately they don't actually read them for a number of weeks...

Finally I receive the letter dated 5/12/14 , so after nearly two years, and every indication from the offices of the ombudsman that my claim was going to be upheld , I receive a letter completely to the contrary, which if they had said in the first place would have been acceptable, but not after two years and a lot of positive indications. None of this helped by the fact that my job is looking very insecure and my knees are in big trouble I feel the treatment of my case is rather poor, if not cruel.

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