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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
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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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'thegfb vs Sainsburys Bank - PPI'


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Quick update...

 

HBOS have been in contact with the FOS and supposedly overturned their rejection of my claim back in April 2012. Unfortunately I moved house between making the initial complaint to them and then to the FOS so they didn't have my new address on file and I never received their letter.

 

They have today sent me a cheque for approximately £1400 however this is considerably less than my calculated claim of about £2800. They claimed they sent me a letter to my new address last month admitting the PPI was missold but I never received it, I only got it forwarded on to me by the FOS.

 

Just to check my calculations are correct, the statutory 8% pa is calculated from the date of each repayment instalment right? What I have done is basically calculated the days between each payment to the redress date (supposedly 11/01/2013) and multiplied that by a daily interest rate, worked out simply as (8/100/365) which is 1/365 of 8%. My stat interest calculations come out at over £900 (it was about £31.95 per month, paid back between 2004 and 2008 + the settlement of about ~£526) but the breakdown in their letter is about £30 stat interest!!

 

I'm very tempted to cash the cheque and get the FOS to get the rest for me as it is already with their offers team and I am moving house soon so could really do with the money but my sensible side says that if I do that then HBOS will be ********s about it. Should I just send the cheque back with a letter saying why I think it's not enough? The letter from HBOS is a clear admission that the PPI was missold, not one of these 'goodwill offer with no admission of liability' type letters.

 

:sad:

thegfb vs Natwest PPI - WON - £5.5k refunded October 2011 :-D

thegfb vs Sainsburys Bank PPI - referred to FOS 15/09/2011, WON - £2.7k refunded February 2013 :wink:

thegfb vs Capital One PPI - Complaint sent September 2012, dragging their heels :roll:

ongoing...

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

Thanks for all your advice so far :D

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Grrr... formatting :(

thegfb vs Natwest PPI - WON - £5.5k refunded October 2011 :-D

thegfb vs Sainsburys Bank PPI - referred to FOS 15/09/2011, WON - £2.7k refunded February 2013 :wink:

thegfb vs Capital One PPI - Complaint sent September 2012, dragging their heels :roll:

ongoing...

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

Thanks for all your advice so far :D

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Congrats at getting them to admit it was miss-sold. With regards to accurate calculations can I suggest you check the figures using ims21 spreadsheets for single premium ppi. links in his signature.

 

Can I ask on what grounds you claimed it was miss-sold. About to claim for other half and would like as much info as possible.

 

Good luck

 

Intend

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Hi intend,

 

It was missold as it was never explained how front-loaded PPI worked. I actually didn't realise I was borrowing more money simply to insure my own repayments, it's madness when you think about it and I would never have agreed to it had I fully understood.

 

If I had fully understood, I would have put the extra 25%-odd into a savings account each month and if needed to use it to cover repayments in the unlikely event, it would be there. I also had other means of supporting my repayments should I have been out of work. It was nearly 9 years ago now but I certainly don't recall being asked any questions at all regarding eligibility for PPI when I applied for the loan.

 

I have posted the cheque back to HBOS with a polite but direct letter telling them that they need to refund me the full amount within 7 days and I will disregard any extra interest accrued (it's going up about £0.42 per day), if they don't then I will take them to court if necessary, they have already admitted they are at fault and they don't have a leg to stand on.

  • Confused 1

thegfb vs Natwest PPI - WON - £5.5k refunded October 2011 :-D

thegfb vs Sainsburys Bank PPI - referred to FOS 15/09/2011, WON - £2.7k refunded February 2013 :wink:

thegfb vs Capital One PPI - Complaint sent September 2012, dragging their heels :roll:

ongoing...

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

Thanks for all your advice so far :D

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Hi, this is where I've sent all my correspondence:

 

Halifax, PO Box 761, Leeds, LS1 9JF.

 

They have been obstructive the whole way from sending my SAR in, then despite giving me information on it when it came to making my PPI complaint they tried to tell me the account never existed. They then dragged their heels, denied misselling and only admitted it once the FOS were involved. Then they make a pony offer... expect a long battle ;)

thegfb vs Natwest PPI - WON - £5.5k refunded October 2011 :-D

thegfb vs Sainsburys Bank PPI - referred to FOS 15/09/2011, WON - £2.7k refunded February 2013 :wink:

thegfb vs Capital One PPI - Complaint sent September 2012, dragging their heels :roll:

ongoing...

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

Thanks for all your advice so far :D

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Thanks gbf - the SAR we got was far from complete but enough info with our records to accurately calculate the claim. Like you was not aware of significance of upfront PPI - only choice OH was given was the level of cover - was pressured to take out Gold cover and finally opted for Silver as total monthly cost lower. Thanks for support - in it for the long haul.

 

Intend

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  • 3 weeks later...

They've sent me a cheque today for £2700-odd, I know I'm entitled to a bit more but I'm gonna take it because I stand to lose more if I don't have it soon because it'll be tight getting a new house.

 

I will inform the FOS that I'm accepting it but still not satisfied that I've been redressed in full, they will probably say that's it but they might still chase the extra few hundred pounds.

thegfb vs Natwest PPI - WON - £5.5k refunded October 2011 :-D

thegfb vs Sainsburys Bank PPI - referred to FOS 15/09/2011, WON - £2.7k refunded February 2013 :wink:

thegfb vs Capital One PPI - Complaint sent September 2012, dragging their heels :roll:

ongoing...

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

Thanks for all your advice so far :D

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Well done gfb took a long fight but at least you have a result now

 

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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Thanks aa, nice to see you back.

 

This can now be added to PPI successes thread and sig will be updated, just Cap One left to defeat now :)

thegfb vs Natwest PPI - WON - £5.5k refunded October 2011 :-D

thegfb vs Sainsburys Bank PPI - referred to FOS 15/09/2011, WON - £2.7k refunded February 2013 :wink:

thegfb vs Capital One PPI - Complaint sent September 2012, dragging their heels :roll:

ongoing...

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

Thanks for all your advice so far :D

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