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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 
        • Thanks
      • 81 replies
    • 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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Missold PPI - Broker Or Lender


elangar
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PLEASE HELP!!!!!!!!!!!

 

In May 2004 we applied for and took out a secured loan. The loan was brokered by Portfield financial services who did the intial application and swift advances loaned the money, the loan was paid back 9 months later when we moved house. Three years later whilst going through our old paper work we found our mortgage and loan redemption paper work that our solicitor sent to us and we must have filed in a safe place (Back of the draw!), looking through it the redemption figure looked very high for the loan and after contacting swift advances they explained that we had PPI cover with our loan and that we should have cancelled it when the loan was paid off. We were shocked to say the least as we had not asked for ppi cover as we knew that we were going to sell the house later that year, although portfield had mentioned that ppi was avaliable when we first applied.

 

We have been in contact by letter and telephone with both companies and they are both saying that it is the other parties problem to sort. We're just not sure which way to turn now.

We have all of the relivant paper work from Portfield and Swift relating to the loan, application and the signed loan document which does say that there was payment protection I really could not say why we didn't spot it before.

 

What we need to know is do we have a case and who do we go after.

 

Please help I'm getting stressed just thinking about it!

 

Regards

Elangar

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hello elangar,

welcome to the PPI forum.

 

In May 2004 we applied for and took out a secured loan. The loan was brokered by Portfield financial services who did the intial application and swift advances loaned the money, the loan was paid back 9 months later when we moved house. Three years later whilst going through our old paper work we found our mortgage and loan redemption paper work that our solicitor sent to us and we must have filed in a safe place (Back of the draw!), looking through it the redemption figure looked very high for the loan and after contacting swift advances they explained that we had PPI cover with our loan and that we should have cancelled it when the loan was paid off. We were shocked to say the least as we had not asked for ppi cover as we knew that we were going to sell the house later that year, although portfield had mentioned that ppi was avaliable when we first applied.

 

We have been in contact by letter and telephone with both companies and they are both saying that it is the other parties problem to sort. We're just not sure which way to turn now.

We have all of the relivant paper work from Portfield and Swift relating to the loan, application and the signed loan document which does say that there was payment protection I really could not say why we didn't spot it before.

 

What we need to know is do we have a case and who do we go after.

 

Please help I'm getting stressed just thinking about it!

 

 

My suggestion would be to go for the Company that are named on the Consumer Credit Agreement. This is the legally binding document as required by the Consumer Credit Act 1974 so that document must be very very accurate or it can be contested. You should have the agreement if you have all the paper work just check to see who the agreement is with. These people with give you the runaround blaming each other trying to put you off the trail.

 

If you are reclaiming PPI you will need to make sure you have a valid case.

 

Please see...

Payment protection | Were you mis-sold PPI? | PPI - rules before 2005

Payment protection | Were you mis-sold PPI? | PPI - the rules

 

plus anything else useful in here...links

 

I would also check out other threads on the issue of mis-sold PPI as every case is potentially different.

 

It is a huge issue and will go on for a long time Good luck with your reclaim if you proceed.:)

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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HI aa

 

Thanx so much for your info - we will proceed hopefully have the result we want!!:)

Will keep site updated with progress!

This is such a nightmare when a company wont admit who's at fault - but we will find out who it is as we have sent in a complaint to FLA to look at our case & advise - we are aware they can't make a company refund us but hopefully we will know which company to go after!!!:D

Kind regards again

 

elangar

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