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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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    • 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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re PPI OFFER


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I am claiming back my Husbands PPI on his loan they have sent a offer of £1,162.48 WITH INTEREST! This was a FIXED SUM LOAN and they say they will take this off the loan if he excepts, what shall i do? can anybody help please?

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Hi Sonic,

Well it is your Money, so it is up to you how you want the Money paid back, as usual they are applying a condition. Lloyds tried that with me too, I accepted the amound that they offered (Full Amount + Interest) and I requested that the Money was refunded by means of a cheque.. They sent me a cheque.

 

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 there reidnet

 

yes thats what we was hoping for a nice cheque, but as my husband only took the loan out last year would we still be intitled to the money?

 

Who's money are we talking about? your's I think?

 

They took it from you and therefore should return it to you.

Personally I would have the cheque and then you can make the decision of whether or not you paid that amount of the loan.

 

I agree with reidnet, they are still controlling it.

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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Hi,

 

I had this battle with LloydsTSB and unfortunately because my loan accounts were still open they simply deducted the refunds and interest from the amount outstanding. This happened in two of my claims - I received a cheque for the third one which concerned a closed account.

 

I won two of these cases via the FSO. Unfortunately their "brief" is to return the claimant to the position they were in had the mis-selling not occurred. In my case this meant a smaller loan which did not include PPI. This in turn meant that the loan amount was reduced and I could not get a cheque as a refund merely that the loan was recalculated using the original date and the smaller total. I should point out that these were business loans so I don't know if made a difference. Although I would dearly have liked a cheque there are some advantages in what happened. I now owe a lot less and my monthly premiums are much lower so I suppose that I have to accept (very grudgingly) what happened and bearing in mind all my circumstances it was for the best. Ah well, dreams of a good holiday on the back burner again!

 

Keith

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hi there keith

thanks for your reply, i,m not sure what to do now? It does say on the letter that refund will be taken off against loan with interest (on a ex-gratia basis?) what ever that means? and if he wishes to reduce monthly payments then the loan will have to be rescheduled. Also it says if he is dissatisfied with their decision you do have the option of escalating matters within Lloyds Ins?

 

any idea,s would be appreciated

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Hi

 

What happened in my case was they ran a printout of the payments I had made. They then ran another one but making payments as they would have been if the ppi had not been included. They difference between the two is interest due to be refunded plus the actual ppi payments. Thats how they calculated it and to within a few pence it came out to what I expected. My two loans were recheduled once I had the refund but the APR was much much better (4.9% lower) then I had originally so it was better all round for me. Depending on your circumstances it might be worth looking at your APR and seeing what they would offer on a rescheduled loan as over time you might save a great deal of money in addition to getting the refund. If the APR is likely to be higher then clearly its not an option nor is it if you need to have a cheque.

 

If they are making you an ex-gratia payment does the letter say it is their final response? If not they are obviously expecting you to try to negotiate further.

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hi there keith

thanks for your reply, i,m not sure what to do now? It does say on the letter that refund will be taken off against loan with interest (on a ex-gratia basis?) what ever that means? and if he wishes to reduce monthly payments then the loan will have to be rescheduled. Also it says if he is dissatisfied with their decision you do have the option of escalating matters within Lloyds Ins?

 

any idea,s would be appreciated

 

Hello,

 

I think that you have two choices.

 

1. agree to have the amount taken of the loan and that is that, but be aware what does the loan will have to be rescheduled. A new loan with probably a higher interest rate I think. This will recope the amount they are giving you I think. New terms and conditions. Also what was the actual ppi fee plus interest, are they being fair. Becareful and do what is best for you

 

2, Argue with them, that In fact the money was taken from you by their mis-selling of this ppi and that you wish to have the money in your hand. The money that they took for the ppi was yours and the fact that they took it, they deprived you of the choice of how you would have spent it.

 

I am having a bit of a fight with one company who mis-lead me into paying for a ppi 5years ago, which they admit. The payments were extortionate and I ended up being defaulted on the loan. They are now trying to refund me the £5,060 to themselves,:eek: but I am not having it. And I will fight to the death for it(not literally). I was not given a choice by them about this money. I do believe I would have found a better cause for it than ppi.:confused:

 

Have a look at my thread on a mission v ppi.

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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