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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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    • 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.
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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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Need Help With Barclays Ppi


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I took out a loan in Sep 03 and settled it May 06.

 

I rang up on numerous occasions requesting to cancel my PPI but was told as the time had elapsed 30 days this was not possible.

 

I sent them a letter requesting a full refund as I was mis sold the insurance (told i would not get the loan unless I took the PPI policy out, was only 17 at the time) also there is no breakdown or summary of charges in my terms and conditions of the loan.

 

They sent a letter back stating that I could have had the policy refunded and that there memer of staff had made a mistake telling me othrwise (but they are still refusing to pay me it back even though it's there mistake).

 

I have worked out that I have paid over £1500 in PPI.

 

So what do I do now? Do I send another letter threatening to take it up with the Ombudsman, if not what is the next move, is there anythign I can do?

 

Please help.

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Hi,

If you have a letter from them stating that you can have the PPI premium refunded then this looks like they have admitted their Mistake.

 

I would send them a LBA along with a copy of the letter which states that you can have the premium refunded.

 

See what response you get to your LBA..

 

I would also consider a complaint to the Ombudsman, At least it will make them aware of the situation.

 

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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Hi,

If you have a letter from them stating that you can have the PPI premium refunded then this looks like they have admitted their Mistake.

 

I would send them a LBA along with a copy of the letter which states that you can have the premium refunded.

 

See what response you get to your LBA..

 

I would also consider a complaint to the Ombudsman, At least it will make them aware of the situation.

 

Ian

 

My typing mistake. The letter stated they wouldn't refund me my PPI, I think it's disgusting how they can just take you're money, they have taken like £1600 which takes me over 2 months to earn.

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If you were only 17 at the time they have Mis Sold you the policy, I would ring them and state that..and if they dont refund either take it to Ombudsman or Court.

 

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 too can confirm this, should you have tried to claim on the policy, it would have been rejected as you did not meet the requirments for the premium.

 

I would also contact Barclays Insurance Dublin (0500 500 700) and advise them of this breach.

 

If you still have a copy of the agreement and T&C's, then I recommend sending a copy of these, along with your Prelim Request, stating that unless they refund the full amount, you will be reporting them to the FSA for selling a GI product to someone that did not meet the elgability requirements.

 

Good luck :)

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if you signed the agreement before you were 18 then you are not legally classed as old enough to take these agreements out classed as a minor. Therefore any claim would have been invalid.

 

This fact alone should enable you to get your money back.

 

rich

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  • 2 weeks later...

Hi

 

As I understand the law [not a lawyer] a minor may enter into a contract and the contract may be valid, but only for necessities, PPI is hardly that!

 

The contract was void, off to court you go!

 

Bicester1

Bicester1

 

MBNA WON £623

:)

GM Card Won £580

:)

Nat West CC Won £525.08

:)

Nat West Bank Won £2346.60:)

Lloyds PPI LBA

Barclaycard defence received. Trial date 30th July. Barclays missed deadline for servicing and filing of their bundle! Going to try for strikeout or summary disposal

HBOS about to issue N1

LLoys Bank LBA

 

I am not a lawyer. Get trained professional advice if unsure of your legal position. If my advice is helpful please tip my scales!

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I have since found out that i was actually just turned 18 (damn!!)

 

They have said that they won't entertain giving me a refund for my PPI. I told them to check their records to prove that I had called them on several occasions to ask them to cancel the PPi and even went into store and was still told I could not do this. They have said they don't keep records dating back to 2003 and that there are no notes on their system regarding this!! (surely that's not my fault!!)

 

What should I do now?

 

I have paid in excess of about £1500 which I could have cancelled, it worked out around £44 per month!!

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