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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
      • 162 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 all.

My father had a cardiac operation and was under the impression that axa ppp healthcare would be paying for it as he had a policy with them.

 

After the operation axa ppp healthcare turned around to say that it would not be covered

as my father went in to the doctors once (around 4 years before) because he complained of chest discomfort due to some gas.

 

 

This turned out to be utter nonsense and non related and we thought the claim would be upheld.

 

Axa then turned around and said he would now not be covered as he may have been diabetic.

 

We wrote to axa regarding this and they said they would refund the premium, needless to say we were not happy.

 

We then went to the financial ombudsman for an impartial view.

 

The FOS said we had been mis-sold the policy and had my father have known he would not have been covered

he would not have had taken out the policy in the first place.

 

The adjudicator then said that in her opinion axa should refund the premium + 8% interest due to a missell occurring.

 

We are thinking of going to court with this,

I have looked around online and axa seem to have a habbit of finding ways not to pay out,

with alot of people complaining of the same thing happening to them.

 

 

We have a evidence on a cd whereby 2 of the employees of axa are laughing at my fathers condition saying

"thank god theres a chance he may be diabetic otherwise we might have to pay"

needless to say I was not happy after hearing this.

 

I think if all the genuine people axa healthcare have refused cover got together and took them to court

we would have a good chance of winning due to the way they conduct business,

a quick google search of axa healthcare reviews shows all reason this company needs to be taken to court.

 

I'm certainly not one to back down from this, just because I believe axa healthcare has refused genuine people

such as my father after taking their premiums, and if they complain axa healthcare just refund the premium,

but as majority will not they will not even get this back.

I genuinely believe had I not looked into this,

my father would be screwed over by axa ppp which is unfair.

 

Edit: the amount of the operation from a bill we recieved from the nhs was £4500 ish

and I don't think this covers the doctors fee's either.

 

1. My question is

can a company such as axa ppp healthcare mis-sell a insurance policy then when it comes to pay out,

turn around and refund the premium even if they mis-sold it in the first place?

 

2. What would be the next route,

i.e. We have been to the ombudsman,

where do we go next i.e. Small claims court?

 

Thank you for reading.

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if you were to put every payment in this spreadsheet

StatIntSheet v101.xls

 

 

on the day it was paid in

each on their own row

what does this come too?

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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if you were to put every payment in this spreadsheet

 

 

 

on the day it was paid in

each on their own row

what does this come too?

Sorry do you mean payment to Axa ppp healthcare?

If so it would be around £800 which is measly considering the hospital bill alone is £4500+

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yes but if you follow what the fos say:

The adjudicator then said that in her opinion axa should refund the premium + 8% interest due to a missell occurring.

 

 

that means from the date of each payment

you get 8%PA back as well.

 

 

now this could be worth a lot of money

 

 

but we don't know the dates but you do and you can use the spreadsheet to workout the redress.

 

 

no it wont prob be £4500 bt the older each payment

the more int it is worth.

 

 

just an idea but we don't know the dates

 

 

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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yes but if you follow what the fos say:

The adjudicator then said that in her opinion axa should refund the premium + 8% interest due to a missell occurring.

 

 

that means from the date of each payment

you get 8%PA back as well.

 

 

now this could be worth a lot of money

 

 

but we don't know the dates but you do and you can use the spreadsheet to workout the redress.

 

 

no it wont prob be £4500 bt the older each payment

the more int it is worth.

 

 

just an idea but we don't know the dates

 

 

dx

 

Comes to around £800, just put in all of the dates. Really not looking to go down this route, I genuinely believe there must be another way

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If it was NHS, why did it cost you £4500

 

I think you are saying that AXA should have paid this and not that you had to pay the NHS.

 

If you want to pursue this you need Doctors evidence that the medical conditions raised by AXA are not relevant to either the purchase of the policy or the medical issue being claimed for.

 

My theory is that the FOS are looking at miss selling, so you get money back. Had you had a bill from the NHS which you had to pay, then they may have looked more at the claim. The FOS tend to only address losses you actually suffered.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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If it was NHS, why did it cost you £4500

 

I think you are saying that AXA should have paid this and not that you had to pay the NHS.

 

If you want to pursue this you need Doctors evidence that the medical conditions raised by AXA are not relevant to either the purchase of the policy or the medical issue being claimed for.

 

My theory is that the FOS are looking at miss selling, so you get money back. Had you had a bill from the NHS which you had to pay, then they may have looked more at the claim. The FOS tend to only address losses you actually suffered.

 

Yes I had a bill from the hospital for £4500 as it was done privatley.

As the procedure was fast tracked

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Yes I had a bill from the hospital for £4500 as it was done privatley.

As the procedure was fast tracked

 

OK so your course of action is to enforce the contract by taking AXA to court if necessary. You don't want the policy cancelled and premiums refunded.

 

You need to identify whether there was any non disclosure when the policy was taken out, that would have affected AXA issuing the policy. If AXA would have issued the policy, it is a medical technicality as to whether any pre existing medical issues had any affect on the claim being made. This is where you need a medical opinion from Doctors about the issues AXA raised e,g diabetes. If you can get a written opinion, then send AXA CEO a letter before action with the opinion advising that unless AXA resolve the claim, a court claim will be issued against them. You can use the MCOL online court claims system to start it if need be. If you are not confident doing this, find a Solicitor.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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OK so your course of action is to enforce the contract by taking AXA to court if necessary. You don't want the policy cancelled and premiums refunded.

 

You need to identify whether there was any non disclosure when the policy was taken out, that would have affected AXA issuing the policy. If AXA would have issued the policy, it is a medical technicality as to whether any pre existing medical issues had any affect on the claim being made. This is where you need a medical opinion from Doctors about the issues AXA raised e,g diabetes. If you can get a written opinion, then send AXA CEO a letter before action with the opinion advising that unless AXA resolve the claim, a court claim will be issued against them. You can use the MCOL online court claims system to start it if need be. If you are not confident doing this, find a Solicitor.

 

 

Sounds good.

What do you mean by a non disclosure? If axa had known my father may have diabetes they still would have given him the policy but it would be a mis-sell which is what the fos said.

I'm really confused on what to do so thanks for that information, I can assure you, you have added light to the end of the tunnel.

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Sounds good.

What do you mean by a non disclosure? If axa had known my father may have diabetes they still would have given him the policy but it would be a mis-sell which is what the fos said.

I'm really confused on what to do so thanks for that information, I can assure you, you have added light to the end of the tunnel.

 

Non disclosure = not advisng AXA of all known medical history they asked for before he took out the policy.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Was this an emergency operation? It's just I get Axa PPP Healthcare through work, and have been told you need authorisation for treatment before you can get it.

 

I realise that doesn't help but might be worth bearing in mind.

 

How long has your father been with Axa?

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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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