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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
      • 160 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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in november 1996 my wife and i took out a loan with hfc bank the loan was for £5000 plus payment protection which was a rolling payment plan i.e percentage of the outstanding loan every month ,never really thought about it until april 2006 when i tried to cancel it eventually the cancelled i then settled the account .the average cost of this per month was £40 i has requested a refund from hfc and recieved a telephone call from their regional manager who states as it was before 2005 (pre regulation)they cant see any way that a refund will be forthcoming that we signed the form and were aware of the payment ,however checking the original agreement which they do not have a copy of the box was electronically ticked for us ,it clearly states however the credit protection ins is optional and will be included as shown if YOU have placed an x in the appropiate box .we never touched it it was preprinted ,i also have a letter prior to the agreement stating that they strongly recommend our credit protection insurance no mention of it being optional ...any comments or thought appreciated

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Hi Crampers,

I see that you have got the standard go get lost reply from them about the PPI. I am fighting GE Money over mis-sold PPI, I got their usual response, you ticked the Box.. Well sorry I did not tick the Box, your agent ticked the box then presented the form to me for signing.

 

I have read somewhere that now they cannot present an agreement with any of the option boxes pre ticked, of course this will not help you or I as this has only came into effect recently.

 

If you were told at the time that if you did not take out the PPI then you would not get the loan, then that is mis-selling as PPI cannot be made a condition of obtaining Credit.

 

It is of course worth complaining to them and fighting for the refund of PPI if it was made a condition of your loan. They will fight hard over PPI well most companies will, though I had one that was settled quite quickly, I am currently fighting GE Money over a mis-sold PPI and this one has been ongoing since October last year, I have a court allocation hearing on the 22nd May regarding this one.. So lets see what they throw at me there..lol

 

I have also posted some notes on PPI in general which may be of some help.

 

http://www.consumeractiongroup.co.uk/forum/ppi/61081-ppi-some-notes-claimants.html

 

If you need any help Just shout ..

 

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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in november 1996 my wife and i took out a loan with hfc bank the loan was for £5000 plus payment protection which was a rolling payment plan i.e percentage of the outstanding loan every month ,never really thought about it until april 2006 when i tried to cancel it eventually the cancelled i then settled the account .the average cost of this per month was £40 i has requested a refund from hfc and recieved a telephone call from their regional manager who states as it was before 2005 (pre regulation)they cant see any way that a refund will be forthcoming that we signed the form and were aware of the payment ,however checking the original agreement which they do not have a copy of the box was electronically ticked for us ,it clearly states however the credit protection ins is optional and will be included as shown if YOU have placed an x in the appropiate box .we never touched it it was preprinted ,i also have a letter prior to the agreement stating that they strongly recommend our credit protection insurance no mention of it being optional ...any comments or thought appreciated

 

Please have a look at this

 

http://www.thisismoney.co.uk/ask-an-expert/insurance/article.html?in_article_i d=417870&in_page_id=136

 

loan payment protection insurance

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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  • 3 weeks later...

official response from hfc/beneficial you were aware of the ppi you signed the form and every statement for ten years stated the cost therefore we cannot uphold your complaint ,they have stated they do not have the original agreement .Anyone any direction for me

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Did you submit a CCA request for a copy of the Agreement ?

 

If not I would do so without delay, If they cannot produce a true signed copy of the Agreement the cannot enforce the agreement. Even though they have already admitted that they do not have the agreement, if you have not Submitted CCR then do so to keep everything nice and tidy for your own benefit. After all it only costs a £1 and could save you a load.

 

Good Luck

 

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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in november 1996 my wife and i took out a loan with hfc bank the loan was for £5000 plus payment protection which was a rolling payment plan i.e percentage of the outstanding loan every month ,never really thought about it until april 2006 when i tried to cancel it eventually the cancelled i then settled the account .the average cost of this per month was £40 i has requested a refund from hfc and recieved a telephone call from their regional manager who states as it was before 2005 (pre regulation)they cant see any way that a refund will be forthcoming that we signed the form and were aware of the payment ,however checking the original agreement which they do not have a copy of the box was electronically ticked for us ,it clearly states however the credit protection ins is optional and will be included as shown if YOU have placed an x in the appropiate box .we never touched it it was preprinted ,i also have a letter prior to the agreement stating that they strongly recommend our credit protection insurance no mention of it being optional ...any comments or thought appreciated

 

Hiya Crampers,

 

HFC are horrible, they are the worse company I have had to deal with.

Unlike some we had dealings with, who rolled over quite quickly to restore our faith in their company:lol:

 

Them Not having the credit agreement is one in the eye for them. but do not tell them you have one.

 

Maybe write to them stating that it has only come to your attention regarding statements by the fsa and oft that ppi should be optional and you were not given any chose. I was deemed part of the agreement and you did not request it (you recall it being x on signing the agreement).

 

They are now stating the re-regulation FSA thing, but before that they were still regulated. Because of these financial day-light robbery before that is why the FSA was set up, to stop them. So I would say stuff to that one.

 

I would keep at them maybe send a cca request and if they don't produce it. maybe stop payments to them (which is your legal right) and then see how quick they jump:D :lol:

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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  • 2 months later...

Dear Sir / Madam

I have written previously in relation to this matter I would feel that a response would be the professional thing to do instead of completely ignoring me ,the end of your last correspondence assured me that if I was dissatisfied that the complaint would be escalated ,is this your company’s idea of escalation complete silence .

In relation to the matter of Payment Protection Insurance applied to the above account we now request that all documentation relating to the account be forwarded to us as is our right under the CCA 1974 we enclose an appropriate fee of £1 I am particularly concerned with the existence of the agreement in the first place ,I demand that you provide me with a copy of the original agreement and the signatures that show that we both agreed to have Payment Protection Insurance applied to the account ,you have 12 days to provide me with the details .I also understand that under the CCA the non existence of the original agreement will make it unenforceable and we will therefore be seeking to recover ALL payments made to the account .

posted today i await

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  • 2 months later...

I would reccomend anyone reading this thread to follow the link to the petition set up to raise awareness of the overpriced selling on PPi, with loan agreements.

 

Petition to: Prohibit loan companies from selling payment protection insurance with credit agreements.

 

spread the word, too many perople are being steered towards taking overproced ppi, in spite of the FSA's efforts to regulate the industry

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  • 2 months later...

hello all i had sort of given up on the hfc thing our agreement ran from 1996 to 2006 and after the FOS knocked back our welcome claim as it was before regulation jan 2005 i didnt think they would want to know ,i have been contacted from a private firm to take on hfc or should i try the FOS first ,hfc have sent me final letter .any help would be appreciated

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Since your last post a great deal has happened regarding PPI, and in particular HFC. I would advise before doing anything that you have a good read through the PPI stickies.

 

Whilst the FOS may not be interested in claims pre-2005, the FSA fine against HFC should make life very difficult for them in court.

 

 

 

 

 

 

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hi again i have just gone through the hfc final response letter and i quote "The optional PPI purchased with your loan was paid for by monthly premium.This is the ONLY PPI product HFC offers with this type of loan and our branch staff are not qualified to comment on any policies which may be available through other providers "

 

Do i have them for not offering the oppurtunity of other providers

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The very fact that the form was pre-crossed would tend to show that you were not given the opportunity to make a considered decision, and you were not properly informed about alternatives. Have a good read through the FSA Final Notice regarding their fine as well.

 

 

 

 

 

 

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