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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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Ex wont sign Blackhorse PPI reclaim settlement form


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If it's a Joint policy, regardless who had the most income and paid the loan, then any PPI claims would be split 50/50.

 

If your ex-partner decides to pay you their share then that is up to them.

 

Because the loan has been sold on, any PPI will now go directly to the account holders and not to reduce or offset the balance.

 

Is this loan secured? If not

then the loan that has been sold on, both you and your ex-partner are jointly liable for the debt, the DCA can go after either or both but because you have been seen to be the one that is the most contactable then the DCA more than likely will choose you.

 

Stigman

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NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

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She said she is entitled to half of the ppi but she is not responsible for the loan payments

 

So she wants her cake and eat it too - she cannot have it both ways, if she is on the agreement then she is entitled to a 50/50 split of the PPI but she also is jointly responsible for the loan. Or she is not responsible for the loan and therefore is not on the agreement and cannot claim PPI.

 

However, PPI and ex-arguments aside - because you are living at the property, it is in your best interests to deal with this because the loan is secured.

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

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I will call Blackhorse tomorrow and try and resolve it by requesting a final figure from them and tell them

 

If Blackhorse have sold the loan then it is very unlikely that they will accept a full and final.

 

They will just refer you to the DCA who purchased the loan.

 

Any full and final settlement must be in writing, it must also stipulate that the charge will be removed, that any outstanding balance will be written off and not sold on to any third party.

Without that, I would not part with any money for a full and final settlement.

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

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Sorry, Stigman. I was referring to the ppi refund amount, not the loan settlement amount. Or are you saying the DCA is now responsible for the ppi refund?

 

Just for clarification - any reclaims of charges or PPI always claim off of the original creditor which in this case is Blackhorse.

 

For the debt which is now sold, you will have to come to an agreement with the DCA unless you had a repayment schedule agreed in writing with blackhorse before the loan sale & although the DCA's do not like it & throw their toys out of the pram the DCA has to honour it.

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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I queried the loan amount that the DCA is claiming

 

Have you all of the Blackhorse statements or can you still access your Blackhorse online account to obtain them and print all statements off?

 

Is the DCA adding charges and/or interest?

 

If not then you will need to send Blackhorse a SAR request, these do cost £10, the template letter is on the top tool bar in the Library section, you will get back all statements, logs, notes, copies of letters etc.

 

Have you checked your Credit File to see if the debt is listed, if it is if Lowell's have updated etc.

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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