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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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Itsme VS Welcome Finance


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hi

 

Have you had a chance to look at the agreement?

 

Thanks

 

Sonway

 

 

Hi Sonway, i would love to, where have you post it ? u can email me a copy if you want...

 

Regards,

 

 

Maria

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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sorry maria she meant me....

 

no not yet.. only just got it

will have a look and post findings asap

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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oh...right...:))) I want to see it as well.

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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hi Maria.

 

the photos werent that good and quite blurry, also didnt show the terms etc.

I have asked her to scan it whole if she/he can.

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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  • 2 weeks later...

Just a quick update:

Sent a new/amended POC( thans to Pam) to Welcome on Friday...

Tomorrow copy of it goes to WF...as per last Mr Orrill's letter they can't wait to receive it:)))

I'm sure they will enjoy reading it... It's absolutely brilliant....

 

 

regards,

 

 

Maria

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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Hi Maria,

I see you are still chasing that Shower of *****, I know you will not give in to them either..Go Get The Girl..lol

 

Thanks for the little kick up the Butt the other night, got me back in full fighting mood again, And there may be some very Interesting News tomorrow Afternoon / Evenning.. I will PM you with the Info..

 

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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Hello:)))

 

Ian, i u r more than welcome...we all need you...strong...as usual....you keep PPI forum together..u help people survive when they do not know where to go...overcharged and stressed

U helped me when i started:))) and i will never forget it...

 

will look forward to hear great news from you..and if they are not as great...keep fighting...i'll be here for you

 

 

with all my respect:))))

 

 

xxxx

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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puts fingers down his throat

"The only thing that interferes with my learning is my education." Albert Einstein

 

"No-one can make you feel inferior without your consent" - E. Roosevelt

 

 

Don't lie, thieve, cheat or steal. The Government do not like the competition.

 

 

All advice is offered without prejudice.

We are being sued for Libel. Please help us by donating

 

Please support the pettition to remove Gordon Brown as he was not elected primeinister. He was elected Party Leader something completely different.

 

http://petitions.pm.gov.uk/gordan-brown/

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puts fingers down his throat

 

Jamescrap, would you like to explain yourself?!!!

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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good luck with your claim Itsme and thanks for all your positive input, keep up the good work! :):):)

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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puts fingers down his throat

 

Unnecessary comment and rather immature I think.:confused: Maybe look to your own problems, you have obviously asked for help and received it on your own threads. If you can't give support or advise, don't leave stupid comments on the threads, It certainly won't enhance your profile.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Unnecessary comment and rather immature I think.:confused: Maybe look to your own problems, you have obviously asked for help and received it on your own threads. If you can't give support or advise, don't leave stupid comments on the threads, It certainly won't enhance your profile.

 

agree, if the person is as cleaver as his/hers posts and replies..i have nothing else to say...as......NO COMMENTS.......

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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good luck with your claim Itsme and thanks for all your positive input, keep up the good work! :):):)

 

Hello Maybelline,

it's a team work....keeps me going...and i'll try and keep the spirits for all of us:))))How r u doing? what r the news?

 

 

xxxx

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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nothing at the moment but will update as soon as.

 

thanks for the PM reply:)

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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hi-i'm having probs with this co too-got £1285 added to loan for ppi but this policy was never activated-also had £380 charges added -spoken with acting branch manager today-threatened to take them for ppi,charges and cci-phone went silent-leave it with me he replies-ok said i -you've got til 25th-then i'm sending prelim!!!!!!!!!-oooooooooohhhhhhhhhhh-i'm not usually that confident but....

lloyds S.A.R -sent 04/04/200

statements received 11/05/2007

prelim-14/05/2007 -£4987

lba-30/05/2007

n1-20/07/2007

 

Co-Op prelim sent-20/04/2007-£136.50

settled in full

goldfish prelim-27/06/2007

 

capital one -deemed served -01/07/2007

settlement without cci offered 17/07/2007

halifax prelim-17/07/2007

 

aqua--prelim-13/07/2007

 

welcome-prelim-30/06/2007

lba-14/07/2007

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Hello Jub, and welcome...

 

I hope your claim will be a succes and you ll have your refund of PPI soon...

 

U did right thing, but knowing WF i wouldn't deal with the branch/branch manaeger at all....if you wouldn't receive a reply from WF till 25th send prelim to the Head Office, attn: Kieran Scothern (MR S)...

 

 

They prefer to rebate the fees and PPi to the account to reduce the outstanding balance...They will rebate charges straight away if you send them this:

I am of the opinion that the law is clear on liquidated damages and that, irrespective of your belief to the contrary and regardless of any agreement that I may have signed, the payment of excessive damages will be interpreted as a penalty and therefore the charges you imposed will be unenforceable and should I be forced to litigate, judgement will be granted in my favour.

The fact that your fees do not differ significantly from those charged by other companies operating within the Financial Services industry is entirely redundant however I am most interested in your comment regarding my responsibility for those fees. Given your clear and unambiguous statement that these fees represent the costs to your business and that you have incurred them as a result of my breaching our contract I am sure you will be happy to demonstrate this by letting me have a full breakdown of the costs to which you have put as a result of my breaches in order to reassure me that your penalties really do reflect your costs.

 

Charges are not legally enforceable if they are penalties. Penalty clauses in contracts in English law for breach of contract are not legal if the penalty exceeds the actual cost of the breach of either party. The law relating to penalties has been established through case law. The cases date back to the nineteenth century and the courts have been consistent in the way that they have ruled on penalty clauses

 

I am mildly amused by your penultimate paragraph and your apparent misunderstanding of contract law and seemingly deliberate attempt to complicate what is a straightforward issue.

 

Good luck and keep us posted

 

Kind regards,

 

 

Maria

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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Hi Maria,

 

Any sign of a court date for you yet?? I am still waiting in anticipation for mine! I think that you and i must be their test bunnys, as since we have taken them to court i have read of a few people claiming their PPI back with no problems!

 

Carina x

£914.00 unfair bank charges recovered from NatWest after 1st letter :)

 

£255.00 unfair bank charges recovered from RBS after 1st letter :)

 

Welcome Finance cannot supply original agreement, N1 issued for charges, PPI & interest total over £3k :cool:

 

Woolwich 2 defaults removed, 1 ccj removed. My credit file is now clean :D

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Hello Carina,

 

the deadline for amended POC was today, court and WF received it on 15th...

I am waiting for their defence now....will see what they say first....

 

I have read...those successeful claims..got wery upset( please understand me )...as my claim is no diiferent to others..i just hasn't been lucky enough to get my mis-sold PPI back without this fight....

 

But i am happy for those who successefuly have it back....

It just wearing me off....Not going to give up...

The amended POC looks great(yours is very well done as well)...will see what they come up with...

Let me know when you receive anything from court...

 

Kind regards,

 

Maria

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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MAria,

 

The deadline for our AQ was last friday, so i am awaiting the next step. fingers crossed they will realise they cant win with me, as they have no contract, and pay out.... oh i so need the money for my upcoming wedding! :roll: and if they pay out... i can treat myself :)

 

I do wonder why they pay everyone else out, but not us. I just guess we must be special! :confused::p:)

  • Haha 1

£914.00 unfair bank charges recovered from NatWest after 1st letter :)

 

£255.00 unfair bank charges recovered from RBS after 1st letter :)

 

Welcome Finance cannot supply original agreement, N1 issued for charges, PPI & interest total over £3k :cool:

 

Woolwich 2 defaults removed, 1 ccj removed. My credit file is now clean :D

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you r getting married:)))oh..how sweet:)))) when?

 

 

we are special..:))) I am sure Reidnet feels special toooo:))))only joking....

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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i think the claims have a lot to do with the companys ,i have ongoing 3 claims with different companys welcome ,hfc and bank of ireland and a successful claim against m+s .M+S to be fair took my complaint investigated fully and admitted responsibility and paid me back what i was owed they were very apologetic and quick in getting the cheque to me ,the others hfc and boi seem to be sticking to the it happened before regulation jan 2005 so there isnt really a lot we can do about it .Welcome point blank deny it stating basically you signed the form tough you wont be getting anything back .

PERHAPS ITS A CASE OF THOSE THAT SHOUT THE LOUDEST HAVE THE MOST TO HIDE .

I wish you all good luck with your claims and remember

 

Patience and perserverance have a magical effect before which difficulties disappear and obstacles vanish - John Quincy Adams

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Yeah ..lol Well Im not special in the Eyes of GE Money..lol

 

Im so Looking forward to meeting them in Court Next Tuesday..

 

Which reminds me , I had better get My tickets Organised..lol

 

I will be Away Monday and Tuesday, and not sure what time I will get back from Wolverhampton on Tuesday night. (in court 11am Tuesday..:) ) Im sure that any info regarding the Court meeting will get posted on CAG before I get home..lol

 

Ian

 

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 could you tell me if anybody has been succesful in getting their ppi back in cheque form as opposed to being taken off their account.

my daughter has been told they will refund her £1700 but it will go off her account (car finance)

she has told them this is not acceptable to her she wants the refund from when the loan started, last August, instead of January ,theyve refunded her from here. She also said she wants it in a chq paid into her bank not taken off account.

can they do this?:confused:

any help or advice please

regards :)

30-12-2006--Requested statements from Local Halifax.

02-02-2007--Statements Recieved.

18-04-2007--Prelim sent.

20-04-2007--Reply , Thanks , give us 8wks letter.

02-0502007--Sent L.B.A. & Schedule of Charges

11-05-2007--Recieved reply ,still investigating.

17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.

14-06-2007--Received standard Bog Off letter.

13-06-2007--Took N1 to Local Courts.

26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007

Have till 09-07-2007 to file Defence.

05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.

Have 28 days from date of Service to File Defence.

07-07-2007--Offer from Halifax.

09-07-2007--Rejection letter sent to Halifax. Next day delivery.

10-07-2007--Money put in Account:mad:

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Sorry to hijack your thread itsme

thanks

30-12-2006--Requested statements from Local Halifax.

02-02-2007--Statements Recieved.

18-04-2007--Prelim sent.

20-04-2007--Reply , Thanks , give us 8wks letter.

02-0502007--Sent L.B.A. & Schedule of Charges

11-05-2007--Recieved reply ,still investigating.

17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.

14-06-2007--Received standard Bog Off letter.

13-06-2007--Took N1 to Local Courts.

26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007

Have till 09-07-2007 to file Defence.

05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.

Have 28 days from date of Service to File Defence.

07-07-2007--Offer from Halifax.

09-07-2007--Rejection letter sent to Halifax. Next day delivery.

10-07-2007--Money put in Account:mad:

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