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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
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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.
      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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Please help-can't work it out!!


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Hi there,me again!

ok i've got prelim sent off+just waiting now.After all these months NW have sent me a letter saying quote 'we cannot locate any further information on your loan accounts'.

does this mean they can't provide original agreement?or won't?

do i have to send them a £1+cca request ?or is the letter enough to say they don't have agreement?i'm going to try for interest back on these loans if no agreement exists, any help please shirl;)

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Hi there,me again!

ok i've got prelim sent off+just waiting now.After all these months NW have sent me a letter saying quote 'we cannot locate any further information on your loan accounts'.

does this mean they can't provide original agreement?or won't?

do i have to send them a £1+cca request ?or is the letter enough to say they don't have agreement?i'm going to try for interest back on these loans if no agreement exists, any help please shirl;)

 

\hiya shirl,

 

I would send a formal cca request, so they can't say that they did not receive a formal request.

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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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  • 4 weeks later...

hi there,its me again!

ok sent off cca request for info on 2 loans-no response as yet but got another set of 6yr statements!!(4 sets now)

got reply to my prelim saying basically push off,not missold etc.they say cant find any paperwork for either loan agreement but strangely they say ive had ppi refunds credited to my 2nd loan account-1st was ppi ref from 98 loan 2 weeks after i signed for 2nd loan -+2nd refund was 2001-iwas not told i had these refunds +they have sent photocopy of 2 a4 sheets showing i had refund-they're not on anything official just basically saying refund to loan acc.anyone could've written these imo.

i rang them+was told not missold-isaid strange that you sent me statements,customer notes etc from 96 to present day but all thats missing is 2 cca agreements-reply to that was 'we only have to keep paperwork for 6 yrs'.

i think they do have them but wont let me have them -why?

im gonna write back+she says she will add it to my prelim +her response b4 she sends it to final response dept-any ideas what i need to put in it besides original??

please help.........shirl:idea: :Cry:

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hi there,its me again!

ok sent off cca request for info on 2 loans-no response as yet but got another set of 6yr statements!!(4 sets now)

got reply to my prelim saying basically push off,not missold etc.they say cant find any paperwork for either loan agreement but strangely they say ive had ppi refunds credited to my 2nd loan account-1st was ppi ref from 98 loan 2 weeks after i signed for 2nd loan -+2nd refund was 2001-iwas not told i had these refunds +they have sent photocopy of 2 a4 sheets showing i had refund-they're not on anything official just basically saying refund to loan acc.anyone could've written these imo.

i rang them+was told not missold-isaid strange that you sent me statements,customer notes etc from 96 to present day but all thats missing is 2 cca agreements-reply to that was 'we only have to keep paperwork for 6 yrs'.

i think they do have them but wont let me have them -why?

im gonna write back+she says she will add it to my prelim +her response b4 she sends it to final response dept-any ideas what i need to put in it besides original??

please help.........shirl:idea: :Cry:

 

Hello Shirley,

 

Just carry on send them the letter before action. You probabley did receive a refund of ppi from the flrst loan to the second, How much was it? Just knock it off what they owe you.

 

You have to be determined to to show them that after one letter and a phone call you are not giving up. After you lba, if they still deny, you will have to start court proceedings

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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  • 1 month later...

hello there again,

I have finally had reply from NW!!

basically they have written back saying the same thing.not mis-sold blah blah.

they say that all copies of paperwork over 6 yrs old has to be destroyed acc to FSA!

so why have i got notes from them as far back as 1996?the only things i havent got are 2 loan agreements for may 98 +dec 99.imo they are holding them back.

as gesture of goodwill they are offering me ppi refunds less the amount they say they already gave me? plus 8%interest making total of £458.i got no reply from my cca request so they are in breach of that as well.

they also say that because they havent got agreements they asked insurance provider for more details and so they dont believe mis-sold(dont know how they worked that out!)

So,do i ring them again?or go the court route??

any help on this please? thanx shirl:confused:

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hello there again,

I have finally had reply from NW!!

basically they have written back saying the same thing.not mis-sold blah blah.

they say that all copies of paperwork over 6 yrs old has to be destroyed acc to FSA!

so why have i got notes from them as far back as 1996?the only things i havent got are 2 loan agreements for may 98 +dec 99.imo they are holding them back.

as gesture of goodwill they are offering me ppi refunds less the amount they say they already gave me? plus 8%interest making total of £458.i got no reply from my cca request so they are in breach of that as well.

they also say that because they havent got agreements they asked insurance provider for more details and so they dont believe mis-sold(dont know how they worked that out!)

So,do i ring them again?or go the court route??

any help on this please? thanx shirl:confused:

 

Hello Shirl,

 

Sorry been a bit busy, how are you?? Well I hope.

 

So they have offered you a goodwill gesture, that sounds about right.

 

You now need to write to them and state that you are happy to accept the gowg as part settlement, but will proceed to court to get the rest. They are offering you 8% Statuatory interest, you want the interest they applied to the ppi if it is higher. Give them 14days to respond.

a

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 sandra,thanks for reply,

i'm fine +hows you?

my prob is they say they refunded part of ppi on both loans but i have no proof of this.i wasnt aware they had.ive been sent bit paper with these amounts on but tbh it looks like its just been typed up.not on NW headed paper or statement.

they have offered £393 plus£65 int-does this sound like its 8%to you?should be back to 1999?

i dont think i was given refunds so should i insist on carrying on to ask for what i think it is?dont know where they are getting their figures from when they say they havent got info about either of 2 loans! :( shirl

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hi sandra,thanks for reply,

i'm fine +hows you?

my prob is they say they refunded part of ppi on both loans but i have no proof of this.i wasnt aware they had.ive been sent bit paper with these amounts on but tbh it looks like its just been typed up.not on NW headed paper or statement.

they have offered £393 plus£65 int-does this sound like its 8%to you?should be back to 1999?

i dont think i was given refunds so should i insist on carrying on to ask for what i think it is?dont know where they are getting their figures from when they say they havent got info about either of 2 loans! :( shirl

 

Hello Shirl,

 

The normal practice of the nw is that when the ppi is cancelled anththing left, they would refund into the account balance that you owe, therefore reducing the amount owed. Ask for written confirmation when the ppi was cancelled and the amount of ppi and interest that was refunded to the balance on both loans. Also ask for a breakdown of the actual interest that was applied to the loans???????

 

Ok the amount that they offered as a gowg is that for both loans???? 8% interest of £393 from the 12/12/99 is actually £246.18, so they are being a bit cheeky there.

 

I personally would write back accepting the good will offer as part settlement, but you want the rest.

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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hello

right,now im getting mad.i've just rung the woman dealing with my claim.

she insists that her offer is correct+i should only get 8% interest for the year +half that ppi was running on loans.she wont believe it was 15.9% as she says that was APR+flat rate is different+will be 8%.

i say i should be paid interest up to now as they would charge me that.

she insists refund is always paid out on cancellation together with a portion of interest?when i said id been sent paper with 'refunds' on she said that int was on it as well.

i think someone somewhere has just typed up this paper to prove i did get refund +forgot to refund a bit of int as well!!

According to this woman she has no information at all on the loans or ppi or interest rates i was charged so how can she work this out??

So where do i go from here?besides go mad??:evil: :? :( shirl

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hello

right,now im getting mad.i've just rung the woman dealing with my claim.

she insists that her offer is correct+i should only get 8% interest for the year +half that ppi was running on loans.she wont believe it was 15.9% as she says that was APR+flat rate is different+will be 8%. Stop ringing them as it has got you nowhere, but It has put up your stress levels. The will say anything on the phone and baffle you with figures. Do everything in writing and retain copies.

i say i should be paid interest up to now as they would charge me that.

she insists refund is always paid out on cancellation together with a portion of interest?when i said id been sent paper with 'refunds' on she said that int was on it as well. If this goes to court and you win the judge will allow statuatory interest at a daily basis, from the day that you took the loan/PPI to the day they repay you. They have prospered from this money that they should not have taken, therefore this was to your disadvantage and you should be reconpensated accordingly.

i think someone somewhere has just typed up this paper to prove i did get refund +forgot to refund a bit of int as well!!

According to this woman she has no information at all on the loans or ppi or interest rates i was charged so how can she work this out?? OMG THEY STATE THAT THEY NO INFORMATION ON LOANS, PPI AND INTERESTS. I THOUGHT THAT THEY WERE THE BANK. ITS A GOOD JOB YOU DO.

So where do i go from here?besides go mad??:evil: :? :( shirl

 

Hello shirl,

once you have stopped your head spinning around,:eek: gather your thoughts and reply to the conversation, asking for clarification of the issues that arose during the conversation.

 

Something along the lines of. Further to my telephone conversation of what ever date and time, with whoever, I wish to discuss issues raised.If you need help, give us a shout.

 

amount required at 15.9% is £1,286.36

 

amount required at 8% is £967.11

 

Ask how much of the ppi/interest was refunded into the loan. They would not give that back to you, they knock it off the loan

 

 

 

Idiots:evil: :shock:

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 you always come through sandra!glad you're here.

ok gonna do it now-i've got her e-mail address so get there faster.

So do i give up on the full amount of ppi?its only her say-so that i would have got refund?i still dont think i did.she was trying to find out what info i had re amounts of int+statements from loan but i didnt say what i definitely did have.she was surprised that id been sent bit paper with refunds on.

also if went to court would i be awarded 8%or rate i paid at?

sorry for going on!+thanx again:D shirl

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hi you always come through sandra!glad you're here.

ok gonna do it now-i've got her e-mail address so get there faster.

So do i give up on the full amount of ppi?its only her say-so that i would have got refund?i still dont think i did.she was trying to find out what info i had re amounts of int+statements from loan but i didnt say what i definitely did have.she was surprised that id been sent bit paper with refunds on. What does this say??????

also if went to court would i be awarded 8%or rate i paid at?

sorry for going on!+thanx again:D shirl

 

Hello Shirl,

 

You are just starting to enter into discussion regarding this refund. Do not agree to anything, unless you are totally happy with the amount. You need to keep at them and so them that you are serious. and please remember this is not going to happen overnight.

 

You go for the whole amount to be refunded, but they will argue regarding the refund they put into the account, as they will state that they have already given it to you.

 

Ask them for written clarification of the amount that was refunded to the account. How much ppi was refunded and how much interest. This is about fishing for information to catch them out and they will soon cough up.:D

 

Also ask for confirmation of the amount of interest that was applied to the ppi premium. They may not be so keen to give you this one:eek:

 

If you go for the whole amount at the higher interest rate, you can start with that, you may or may not get this, and then negoiate with them and as a gesture of good will, drop down to the 8% that the courts would allow, if it went to court. This is the lowest you will accept,:cool:

 

Speak soon shirl:D

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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bump please.....

 

Hello Shirl,

 

You must hav been bumping whilst I was typing 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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hi sandra,

bits of paper have typed up info saying acc number-refund +monthly payment of£80 written above+below to make it look like statement -not on NW headed paper just plain.when i told her id been sent this she seemed surprised.i mentioned it to her after she told me id have got int back at same time-i said well int isnt on the paper ive got-she changed subject then;) .anyway ill get e-mail off +await reply:D many thanx for info -ill make sure to ask for all breakdowns, but then theyve got no info:o have they?she said they'd have nothing to gain by holding back info hmmm:rolleyes: thanx again sandra i'll be back!!shirl

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hi again,

had couple e-mails back+forth with NW-hey its much quicker this way!

right theyre still refusing to budge-say their info is from ppi ins co. so must have had refund.i can show you emails if it helps?should i carry on bugging them? heeeeeelp shirl

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hi again,

had couple e-mails back+forth with NW-hey its much quicker this way!

right theyre still refusing to budge-say their info is from ppi ins co. so must have had refund.i can show you emails if it helps?should i carry on bugging them? heeeeeelp shirl

 

Hello Shirl,

 

Who are ppi ins co and what have you had refunded. and how much was 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 sandra,

they wont say who is ins. co.(suspect its theirs)

supposedly ins co say i had refund of £111 on first loan+£254 on second-i have cust. notes from this period but anything to do with loans is missing.

now bearing in mind she says no info,i found out figures for 1st loan by ringing cust. services back in march+was told amt borrowed,ppi,int rate etc-so what next?:confused: shirl

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hi sandra,

they wont say who is ins. co.(suspect its theirs)

supposedly ins co say i had refund of £111 on first loan+£254 on second-i have cust. notes from this period but anything to do with loans is missing.

now bearing in mind she says no info,i found out figures for 1st loan by ringing cust. services back in march+was told amt borrowed,ppi,int rate etc-so what next?:confused: shirl

 

Hello Shirl,

 

Write and ask for written confirmation what the refunds were, when the were refunded and were to??????? They do normally pay any refund into the balance of the loan.

 

Tell them that if they do not supply this information they are breaching the data protection Act by not supplying you with information relating to your account.

 

They do and must have this info. Its easier for them to tell you they don't have it, than to supply it.

 

If they do not comply with this request, I would just start the proccess of reclaiming back the whole amount.

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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so if they cant or wont show me refunds info they are breaching DPA?

i have acc number for this 2nd loan but they say there is no statements-too late.does DPA still apply because it goes back to 1999?

thanx shirl

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so if they cant or wont show me refunds info they are breaching Data Protection Act?

i have acc number for this 2nd loan but they say there is no statements-too late.does DPA still apply because it goes back to 1999?

thanx shirl

 

Hello Shirl,

 

If they have it they have to give it to you. They have to keep data for 6yrs under the dpa or longer if the account is still running. So they may not have the info, but then again they may, but do not want to give it to you

Just ask them for proof of the refunds

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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