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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.

      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.

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      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.
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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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Reclaiming Credit Card PPI monthly premiums over past 6 years!


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Hi everyone, I'm new to the board and have just made the jump into the 'reclaim charges territory'. I'm really hoping to get some awesome advice from you great guys :D .

 

I signed up for a new credit card back in mid-2001 just a few months prior to commencing university. However, I've only just realised that I've been paying every month for this PPI on my credit card that I've got absolutely no use for whatsoever. For the period between 2001 and 2007 I have been in full-time education and entirely unemployed. I've (quite ignorantly, I know) only found out that PPI is in fact only useful if you are employed and working. Therefore, naturally, I'm extremely motivated to reclaim all the past monthly premiums I have paid.

 

The things I do NOT accurately know are:

 

>When the PPI was taken out on my credit card (however, I'm almost sure it was at the same time as when I signed up for my card ie 2001).

 

>Whether I knew exactly what PPI was at the time of signing up and how I agreed to the policy ie did I 'tick the box' or was the policy automatically added to my credit card?

 

>The exact terms and conditions of the PPI.

 

>Whether the fact that I was employed during the six months prior to taking up my credit card and PPI makes a difference (however this assumes that PPI was added to my credit card at the same time I took it out)

 

It would be great if anyone could provide me with some advice as to whether I have a justified claim?

 

And what is the best way to start going about the process?

 

Many thanks,

JohnT

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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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Thanks Dx100uk for the link; very useful!

 

In addition to reclaiming the PPI on my credit card, I also have some penalty charges that I want to claim back from my credit card AND bank accounts from the same bank. Is it better to send a single SAR letter for both the penalty charges and PPI or should I send one SAR letter for the PPI and another SAR letter for my current account charges?

 

Also what is the chance that my account+credit cards will be frozen/closed because of my SAR letter? And can the bank request an immediate payment of all my current debt I own them? That is a real concern I have.

 

Thanks in advance.

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i think you can lump the CC & bank A/C's under the one £10 fee then mail barclays HQ in that forums stickys.

 

the PPI can be done by a CCA for £1 what you need is a signed copy of the agreement. or dont you know what you've been charged fixed fee or % of bal?

 

dx100uk

:cool:

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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Thanks Dx100uk, really appreciate. Okay, I will send a single SAR letter (enclosed with one £10 cheque) for both my credit card and account charges to Natwest (not Barclays ;)).

 

My PPI was charged as a % of balance every month. I'm a little unclear over the method you said about reclaiming PPI. I need to send a CCA letter with £1 enclosed? Is there anywhere on the forum that I can read more about how CCA relates to PPI? I only found that CCA sticky which doesn't really relate to PPI.

 

Also, I'd be really grateful if you could quickly address the last paragraph in my previous post:

 

Also what is the chance that my account+credit cards will be frozen/closed because of my SAR letter? And can the bank request an immediate payment of all my current debt I own them? That is a real concern I have.

 

Thanks very much again, really appreciate the help :)

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you need to first get a signed copy of the terms & agreements inc the PPI

ask for this in the cca request.

 

have a read of a few of the threads here

 

dx100uk

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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About three weeks ago, prior to starting this thread I sent Natwest a letter of compaint regarding these PPI charges that I have been paying for the past 6 years on my credit card and asking for a full refund. This is the response I recently obtained from them:

 

N.B. Please note I did not use the PPI template letter or a SAR letter, I just sent a letter of complaint.

 

When you completed your application for a Natwest credit card, you agreed to opt in to Payment Protection by ticking the appropriate box. Whilst I appreciate that you dispute you ticked this box, I respectfully advise that you signed the Terms and Conditions and therefore you are liable for any Payment Protection premiums applied to your account. I am sorry for the disappointment this may cause you.

 

Additionally I advise that Payment Protection has been detailed on each of your statements since you opened your account. May I advise that if you were unhappy with this policy you should have contacted us previously (WHICH I HAD DONE SO ON SEVERAL OCCASIONS BY TELEPHONE OVER THE PAST 6 YEARS BUT EVERY NATWEST EMPLOYEE CLAIMED THE COVER WAS A USEFUL THING TO HAVE, THIS IS DESPITE ME NOT BEING EMPLOYED DURING THIS PERIOD.)

 

I would really be grateful if someone could advise me on whether I should proceed to reclaim the payments despite the above Natwest comments?

 

Shall I still send a SAR letter to get all the payments I've made and whether there is proof that I did "tick" the box?

 

Thanks guys!!

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firstly i'd ignore what they are saying...std letter/get out they all use.

 

i've got a sim situation with monument & MBNA going on.

i would add to the standard SAR that it must include details of the signed agreement inc the PPI policy details & any transcripts of any telephone conversations regarding your enrolment in the PPI scheme.

 

i am currently disputing this with both above Co's. and am asking for a copy of the agreement where 'I' ticked the PPI box, not one automatically filled in by an employee or a computer following my supposed agreement on the phone. [hence the transcripts]

 

now in your case it needs to rest on the fact that you told them you were a student and not employed & ofcourse, there not being a way that you could of claimed even though unemployed. term/conditions vary.

 

i think you have a very good case.

 

dx100uk;)

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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Share on other sites

Obviously as a student you would not have been able to claim from the policy. As no doubt you will have Put Student on your application form I think that this should have been flagged up when the application was processed. But of course even though it had been noticed it would have gone through the system as PPI is a nice little earner for the major Lenders.

 

I would point this out and would point out to them the FSA's Principle of Business..

 

I would also like to bring to your attention the FSA principles for the “Treating customers fairly – towards fair outcomes for consumers .

Principle 7 “A Firm must pay due regard to the information needs of its clients, and communicate information to them in a way which is clear, fair and not misleading”.

Principle 9 “A firm must take reasonable care to ensure the suitability of its advice and discretionary decisions for any customer who is entitled to rely upon its judgement”.

 

 

Hope this helps

 

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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