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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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Claiming back mi-sold PPI


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Hi

 

I took a loan out from halifax for £9000 and was talked into haveing PPI.

 

Stage 1

 

I have sent a letter to halifax stating that i wont the PPI refunded + interest that I have paid and to have the PPI took off.

Stated on the letter that i was mis sold this ppi and all the other relevent reasons.

 

Stage 2

 

Waiting for their response which they say will take up to 8 weeks.

When they finale write back to say bla bla bla you cannot get a refund what is my next move. need a step by step guide from starting out to finnishing this claim.

 

Stage 3

 

Was told by a friend that if they refuse to refund i should contest the whole loan andd refuse to pay back my monthly payments untill they refund the ppi whats the law on this and whats the process. ie court or more letters please help me.

 

Please help

 

Dave:(

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Hi there. I reclaimed some PPI that I was sold by LLoyds TSb and I got it back plus interest. I went via the Financial Ombudsman route though as well as writing to bank directly.

 

I would not advise you to stop paying the loan, may cancel the insurance if you have not already, as if the policy is useless it is pointless throwing money at it. CHECK the bank's policy on this first ok.

 

I dont know if you have original agreement for loan and PPI, terms and conditions of PPI policy etc - if you dont then you need to get these either via a DPA request of a CCA request. I dont know why you feel mis-sold as you have not elaborated, but if its a clear cut reason then you should not have any problem. Mind you, saying that, mine was not clear cut according to the bank but they still credited insurance and interest which decreased my loan by a third - so its worth progressing. Try not to guess the outcome as its slightly different to getting back bank charges - Banks and PPI's have had a lot of bad press so they may pay out if there is even a slightest inkling they acted inappropriately.

 

Good Luck and hang on in there. Its easy to get despondent about these things and I have felt like backing down soooo many times - but thats what the banks want - Joe Public running scared!! So stick to your guns and search this site as thats how I have done it, and even tho I say so myself, I have been quite successful to date:p

 

Just remember tho - I am not an expert - its just what I have picked up here, so double check before you do anything ok.

 

Sparkly

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When I took out the loan they said unless i take out the ppi cover then i would not get the loan. Was not told i caould have purchased it else where , nor did they say that i did not have to have it if i didnt wont to.

 

i have actually defaulted on the loan a couple of times but have always managed to get back up to date with it.

 

The ppi is still on there cause they are still adding the interest each month to my loan.

 

Sent a nasty letter to them the other day saying that iam contesting the loan on the grounds that i was mis-sold the whole loan because of the ppi.

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When I took out the loan they said unless i take out the ppi cover then i would not get the loan. Was not told i caould have purchased it else where , nor did they say that i did not have to have it if i didnt wont to.

 

i have actually defaulted on the loan a couple of times but have always managed to get back up to date with it.

 

The ppi is still on there cause they are still adding the interest each month to my loan.

 

Sent a nasty letter to them the other day saying that iam contesting the loan on the grounds that i was mis-sold the whole loan because of the ppi.

 

Hello and welcome to the ppi forum,

 

I can see that you are a bit angry and rightfully so, but you need to calm down and get all of the facts straight regarding the mis-selling of ppi.

Have you sent a ca request, if not do so now. to see what you actually signed for. Did you do a SAR?????

 

Reasons for mis-selling Making you take ppi or no loan and not telling you that you did not have to have is a good one.

 

They unfortunately don't have to tell you that you can get it cheaper somewhere else.

 

Please read around the ppi thread for added info.

 

Have you cancelled the ppi yet?????

 

Can you let us know please

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

 

Have not cancelled the ppi on my loan.

I have sent a sar request and it shows that over the last 6 years i have had 3 loans all with ppi.

I sent out another letter to the halifax stating i will not be paying any more money to them untill the ppi has been removed and all the ppi that i have been paying is paid back to me. (this should get their attention).

 

I feel i have been completly ripped off by the halifax.

 

Any advice would be great.

 

thanks

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Hi

 

Have not cancelled the ppi on my loan.

I have sent a S.A.R - (Subject Access Request) request and it shows that over the last 6 years i have had 3 loans all with ppi.

I sent out another letter to the halifax stating i will not be paying any more money to them untill the ppi has been removed and all the ppi that i have been paying is paid back to me. (this should get their attention).

 

I feel i have been completly ripped off by the halifax.

 

Any advice would be great.

 

thanks

 

Hello Pirate,

 

Have the Halifax contacted you yet regarding the non-payment of the loan?

 

Have you worked out the figures yet?

 

Did you get any credit agreements with the SAR? If not you need to sent them a request for these credit agreements.

 

Send this for all agreements Cost £1 each.

 

Your address

 

their address

 

date

 

Dear Sir/Madam

Name

Loan account no/no's

With reference to the above agreements, I would be grateful if you would send me a copy of these credit agreements.

 

I understand that under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a copy of my credit agreement on requests I enclose a payment of £3.00 which represents the fee payable under the Consumer Credit Act.

 

I understand a copy of my credit agreements should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you.

 

Yours faithfully

 

They have 12 working days to comply or breach the cca, if not complied 1 month after that they commit a criminal offence. When you sign the letter do it in a particular way so you would know it again.

 

Mark all correspondence with the heading Account in dispute.

 

 

 

 

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

 

Halifax have responded by sending me a default notice on my loan

 

Now i was under the impression that a default notice cannot be issued when a debt has been put into dispute.

 

Can anyone help me

 

Have also sent off the cca letter.

 

Hello Pirate,

 

Defaults are quite a fashion accessory these days on the site. Loads of us have them. They like to give us these without another thought. It just a robotic manuover by some morons sat by a desk. GGggrrrrrrrrr

 

No joking apart, yes they should not default you if the account is in dispute, but they do want they want anyway. There just following the process of non-payment as far as they are concerned.

 

I have sent this is many a letter, but they will process the default anyway.

Maybe amend this part to your own details.

 

Furthermore, you should remember that a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a correctly executed credit agreement is a very clear legal dispute and therefore the following applies:

 

• You may not demand any payment on this account, nor am I obliged to offer any payment to you.

• You may not add any further interest or charges to this account.

• You may not pass this account to any third party.

• You may not register any information in respect of this account with any of the credit reference agencies.

• You may not issue a default notice related to this account.

 

 

Did the default notice come recorded delivery;) So they know that you got it:confused:

 

There will at the moment be not much you will be able to do now regarding this apart from paying them. but latter there will be:cool: Do you have access to your credit scores, if not may get some

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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