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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
      • 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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Barclays ppi claim


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Hi weej

 

Stand back a little from this and consider things.

 

Re the PPI you need to have a valid reason for a mis-sell. You stated earlier that..."they did not need, would never have needed, never made a claim and basically didn't question anything and can't even remember this being an option"

 

The question is "why did they not need it and would never have needed it"? the statement "Never made a claim" is not valid unless I have misunderstood you.

 

PPI claims are not the same as charges reclaims, the main reason being that the regulatory bodies that are (and have been in the past) have sorted out redress schemes for PPI redress. They have not done similar for charges claims.

 

Now, if you put in a standard claim for mis-selling of PPI there is are set criteria for what redress would be given if the complaint is upheld. This comprises the following...

 

1 -> a refund of the PPI premiums charged to the account

 

2 -> a refund of any contractual interest charged to the account as a result of those premiums

 

3 -> the account should be reconstructed with the above removed. If the reconstructed account shows that the account would have been in credit for any month then 8% simple interest is awarded on that credit balance for that month.

 

4 -> if the account was paid off and closed then there will be a difference between the amount paid and the reconstructed balance at the time of settlement. 8% simple would be awarded on that difference running from the date of payment to the date of settlement of the claim.

 

5 -> if there were any charges applied to the account which were triggered purely as a result of the above PPI then they should be refunded too along with any contractual interest charged on them and the 8% calculation as mentioned above.

 

To work all of that out you would need to do some work if you are going to try and get to a figure which is anywhere near correct.

 

Don't forget, the banks are not on your side and may well try to stiff you again on any redress they offer. For example, they will almost certainly leave out any charges which were triggered by the mis-sale of PPI.

 

As regards interest rates, I believe this is covered in my description above....you should get back any contractual interest charged as a result of the mis-sold PPI. That means it is the rate they charged the customer. It is not pure compound as much depends on the behaviour of the account.

 

Now, if you want to go for other charges i.e. those which are unconnected with the PPI debacle, there is a different route to take and it may be wise to start a new thread on this subject.

 

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Hi

 

If your neighbour paid the account off in most months then the redress is likely to be fairly low I would guess. The reason being is the the PPI would have been there to protect a balance on the account. If there was no balance then there would not have been a PPI premium in that month a there was nothing to protect if you see what I mean.

 

I understand that employers such as the NHS offered very generous sickness/redundancy and other packages included in the contract of employment and they generally rendered a lender's PPI as pretty much useless.

 

I think the reasons for your claim should revolve around this aspect. The savings aspect is a bit less important but still valid. Most PPI policies would have paid out for six months but if someone had savings which may have covered six months or more then it adds grist to the mill so to speak.

 

Sadly some on here are to be taken with a pinch of salt and you seem to be a wise owl who can pick up on those. If such people were to have been believed in the days of bank charges reclaims then CAG would not be here today. As you have been here since 2006 you will know what I mean when I say it was only due to some who fought for what was right that CAG is here and, although a relative late comer myself, I am proud to be part of this group which has helped bring the banks and other institutions to book and repay their victims the sums of money which they took from them unlawfully, immorally, unfairly and by any other means which they thought fit in order to line their own pockets.

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