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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.  

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      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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    • 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.

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      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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Wording of PPI Claim


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I come up with the following which I've kind of based on a letter by reidnet ,

 

What are the thoughts

 

 

 

 

 

 

MY ADDRESS

 

 

 

 

 

Customer Response Team

Cards Customer Services

XXXXXX

XXXXXXX

 

 

Wednesday, 03 January 2007

 

 

 

 

ACCOUNT NUMBER: XXXXXXXXXXXXXX

 

Complaint and Request for Return of PPI Insurance Plus Interest.

 

Dear Sir/Madam,

 

 

I took out the above Credit Card on or before 01/01/1999. When I took it out, I signed up for Payment Protection Insurance. I telephoned to cancel the PPI insurance and was told that this was not possible.

 

 

When I took out the Credit Card, I was told that the Insurance would cover the card payments and balance should I become ill or unemployed and would not have taken the card had this not been the case. I have since found out that this is not true. I therefore consider that I have been mis-sold this expensive insurance, for the following reasons: -

 

1) You did not take any action at all when I tried to cancel the Insurance in 02/2000, even by way of acknowledgement or action

2) You did not take any action at all when contacted as to my claiming on the policy, even by way of acknowledgement or action on or after 10/10/2001

3) Still charged this insurance after being notified that I was ill

4) You did pass the balance onto a Debt Collection Agency, which was not necessary,

5) That you did not seek to ascertain the position of the above Debt Collection Agency, in respect of it’s trading position

Which I do not need and which I said that I did not really want.

 

 

The cost of the Policy was £xxxxxxx plus £xxxxxx Interest making £xxxxx

 

I request a refund of the policy fee plus any interest paid on the fee.

 

If in the investigations into the item 5 above, prove that there actions were illegal I shall also be seeking the outstanding balance for yourselves.

 

I would appreciate a reply to this letter within fourteen days. If you reject this complaint, I would be grateful if you could explain whether you provide an internal appeals process. If you do not, please supply me with a final response letter, so that I can take up the matter with the Financial Ombudsman Service, and if need be make a claim via the small claims court to recover the PPI insurance fee + Interest + costs.

 

All correspondence should be sent to: -

This is a solicitors address as I’ve found they take thing a bit more serious and respond much quicker, even if it is a refusal (as they all are)

 

 

 

Yours faithfully,

 

 

 

xxxxxxxxxx

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Hi,

Just a couple of things m8, Under the sections 1 - 5 there is a line Which I do not need and which I said that I did not really want. which looks to be out of place.

Am I correct in thinking that you tried to claim off the PPI and they never responded to your claim at all ? If this is the case I would enclose copies of any evidence that you had in fact tried to make a claim. That would strengthen your complaint I feel.

As for them still taking the policy payment during a claim, Im not 100% sure on this one but I think that would be acceptable, A bit like car insurance where if you make claim you still have to pay the policy. Maybe someone will correct me there if Im wrong. Maybe this would be in the Terms and Conditions of the policy, so may be worth while having a good read through them too.

Good Luck

Ian

 

 

Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

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The item 5 relates to them using a suspect company , I'm going along the lines of they have a "Duty and Care" obligation ( in that they passed details on to a company who may or may not be illegally trading. Unfortunatly they never sent any acknowledgement the claim in any way

they took the PPI for a further 4 months stopped taking it for about 3 months and then handed it over

I do agree with the reasoning of still taking it. if they had paid(or were paying) out

I've found that putting care of a law firm really speeds up response times

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Hi Guys-

 

There are two points here-

 

 

1. "As for them still taking the policy payment during a claim, Im not 100% sure on this one but I think that would be acceptable, A bit like car insurance where if you make claim you still have to pay the policy. Maybe someone will correct me there if Im wrong".

 

Hey Reidnet, this particualar type of insurance, which also comes under 'General Insurance', is NOT covered in the same manner as car insurance.

Meaning, if you have a car accident etc., you continue to make your car insurance payments because you know that you can make another claim (just in case the unlikely happens) Of course, you may lose one's no claims bonus but you can make another claim!

But PPI differs, even though one continues to maintain/pay the monthly premiums (or the premiums are automatically taken) it is nigh on impossible to make another Claim on the PPI because this particular insurance is bound with Unfair Contract Terms.

 

Credit Card PPI is quite a conundrum....originally unde the GISC ...and now supposedly regulated by the FSA!?

 

2. Most respectfully stivis,

 

"I've found that putting care of a law firm really speeds up response times".

 

It is not correct to state the above, unless it is true!

Please do not take offence but we must all be whiter than white, when dealing with these financial institutions.

 

Love AC

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Hi Guys-

 

There are two points here-

 

 

 

Hey Reidnet, this particualar type of insurance, which also comes under 'General Insurance', is NOT covered in the same manner as car insurance.

Meaning, if you have a car accident etc., you continue to make your car insurance payments because you know that you can make another claim (just in case the unlikely happens) Of course, you may lose one's no claims bonus but you can make another claim!

But PPI differs, even though one continues to maintain/pay the monthly premiums (or the premiums are automatically taken) it is nigh on impossible to make another Claim on the PPI because this particular insurance is bound with Unfair Contract Terms.

 

Credit Card PPI is quite a conundrum....originally unde the GISC ...and now supposedly regulated by the FSA!?

 

 

Love AC

 

 

Thanks for that AC, As the policies I have been working on are Single Premium policies , I was unsure how a claim etc would be affected on a monthly paid policy - Thanks for the above information.

 

Of course a monthly paid policy is far easier to cancel without to much financial loss. Try cancelling a mis sold single payment policy then the fun really starts, I paid £3388 for a single policy , of course over the 5 year term you also pay in the region of £4000+ in interest. After 3 years when I wanted to cancel my PPI i was offered around £95.00. That is why Im heading to court with my claim.

 

And you are correct that they make these policies dam near impossible to claim from with so many hidden terms and conditions

 

Ian

Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

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I've found that putting care of a law firm really speeds up response times

This is done quite legitimately I should have clarified this a little better .the firm knows exactly what I am doing, and are most helpful they simply don’t do court work, but the handle other stuff for me. The other thing is that I am no longer at the other addresses that card etc accounts, If they question The firm will certify who I am and that the requests are genuine, They do get my address when I file a claim, on a DPA letter to the same bank not using the Firm address 30 to 40 days

Using Firm address 10-14 days and I’ve tried the both on about 8 occasions…………. I do appreciate that not everyone has this facility, but it works for me

There did not seem to be any point in explaining that matter , but now I have

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Hi stivis,

You could well be right that using a law firms address will speed up their response times, It certainly is more official and they may think that the law company are in fact handling your claim etc.

 

I would do the same if I was in a position to do so.

 

Good Luck with your claims too..

 

Ian

Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

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