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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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Santander PPI Refund Offer, And Another PPI Question


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Santander wrote to me, without any prompting on my part, asking if I was likely to reclaim my PPI. Given that I was told that it was a condition of the loan it seemed to me to be a no-brainer that I was due a refund. Lo and behold they have offered me pretty much what I'd have expected within a few days of me returning my form to them - about £800.

 

But:

 

I defaulted on the account (along with my other unsecured debt) at about the half-way stage when my finances fell apart and I entered into a protected trust deed. Santander say on their refund offer letter that anything they are due to return to me will be used to offset the outstanding balance of said loan, which is significantly more than the refund due. Even if they did not do this, under the terms of the PTD I'd be obliged to declare and pay that to my trustee anyway.

 

The thing is I am due to be discharged from my PTD before the end of the year, which raises two questions:

 

1. Would I be right in thinking that on the date that I am discharged my previous unsecured debts become written off and no longer in existance, other than as a 6 year stain on my credit file? Or indeed should that have happened on the date my PTD became protected (in which case I shouldn't still get 6 monthly statements of arrears)?

2. Is there a legal issue with me neither accepting nor rejecting this offer until my PTD is no longer in force, then attempting to reclaim this mis-sold PPI then?

 

I know that it sounds like I'm trying to have my cake and eat it, but I am working hard to rebuild my financial position which hit rock bottom a couple of years ago and this would help, even if I have to wait months for it.

 

The other PPI question I have is:

 

I've seen lots of conflicting advice on time limits including 6 years since signing the PPI form and 3 years from becoming aware of the mis-selling. I had PPI on a Northern Rock mortgage which I took out just over 10 years ago, but it is only on reading about PPI issues over the last year or so that I've become aware that it too was mis-sold. Would I be eligible to claim for this? Likewise I had Barclaycard PPI dating back about 16 years for which I could say the same thing. Is this worth pursuing? Would it be beneficial to speak to one of these companies who advertise on the radio / tv?

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The other PPI question I have is:

 

I've seen lots of conflicting advice on time limits including 6 years since signing the PPI form and 3 years from becoming aware of the mis-selling. I had PPI on a Northern Rock mortgage which I took out just over 10 years ago, but it is only on reading about PPI issues over the last year or so that I've become aware that it too was mis-sold. Would I be eligible to claim for this? Likewise I had Barclaycard PPI dating back about 16 years for which I could say the same thing. Is this worth pursuing? Would it be beneficial to speak to one of these companies who advertise on the radio / tv?

 

Hi Jock

 

I can't answer the first part of your question but others will be along who can.

 

I can however answer the last bit about PPI.

 

Please please please do not use a claims company....they will charge you a hefty 25%-30% or more to get this done for you and frankly they are not worth it because it is something you can do yourself.

 

There is no time limit on how far you can go back with your claim so both the Northern Rock and Barclaycard are available for you to claim back. What I would suggest, if you want to go ahead with a claim, is to start two threads in the ppi forum, one for each lender and you can get advice and help tailored to each one.

 

The first step for each would be to download the questionaire from the fos website (Financial Ombudsman) ready for completion.

 

Step 2 is to make sure you have all of your statements and the loan agreement fom Norrthern Rock. If you don't have these then you will need to send a Subject Access Request to each of the companies to get a transaction history (amongst other things). This will enable you to prepare a schedule of claim for each one.

 

As I say, start a new thread for each and we can take each one a stage at a time.

 

Regards

 

ims

 

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