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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
      • 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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adjudicator decision, need to appeal. help!


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I've had my adjudicator response to 3 historic loans dating back to 95,96 and 98. they haven't found in my favour. In the absence of any paperwork, they're reached their decisions based on other similar cases from the same bank. what would generally be the grounds for an appeal, where there's no paperwork whatsoever?

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so you've sent the OC an SAR?

 

 

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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yep, absolutely no specific paperwork from that era, similarly sent a SAR to their insurance provider, had seen their name mentioned in interoffice correspondence, they claim to have nothing either. all the adjudicators findings are based on what they believe has happened in cases of the same era etc. etc. I have asked for all documentation/information that she used in reaching her decision, but other than that I don't have a lot to appeal on.

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  • 4 weeks later...

I'm at the stage where the adjudicator has found in my favour on two out of three loans (I'm still fighting hard on the 3rd one).

 

On reading through their letter to the bank (the bank has until the 3rd September to reply),

 

I've found the PPI figures the FOS are quoting to the bank are way off from my own knowledge of the loans (£777 as opposed to 36 payments of £35).

 

The bank have quoted all figures supplied to the FOS are from their insurance provider, who I have SARed and been told they have nothing on record. These loans go back to 95/98 era.

 

How much work is it to get the FOS to fall back onto their £1200 "average" figure, which isn't that far off what I actually paid?

 

Any of your own experiences, suggestions would be greatly appreciated!!

 

One last question, is SAR purely for financial institutions? or can I SAR an old employer to get details of their sickness pay scheme?? from the same era btw

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Have you proof of the £35pcm payments?

 

Yes you can sar employers

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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so far , no.

 

I have interoffice correspondence saying that they paid out £237 on the insurance policy for three months, which I don't really want to bring to their attention (£237 being the monthly payment),

 

I have some correspondence showing the capital part of that monthly repayment was £175, but nothing I've found showing the PPI is £35 and the interest is £27.

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ah post gone missing ..or didn' tpost at 14:30 - internet gets dodgy here

 

 

if you aren't going to give the FOS all the info

then you cant expect them to make the right conclusion?

 

 

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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