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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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Better Calculator Required???


Guest alan703
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Guest alan703

Hello,

 

I'm proposing the spreadsheet guru's out there devise a new one to replace the runningfos one.

 

In my case, if I remove Over limit Fees and Late Payment fees from the monthly payment column, it eventually puts the PPI payment column into a positive black rather than a negative red, thus rendering the rest of the calculations useless after the point that happens. It starts counting the running PPI balance from 0 instead of the last rows value.

 

Before anyone says you cannot claim charges on PPI, I would ask you to read the following information taken from the FoS website. If this is wrong, is there any evidence?

 

If you read the ombudsman case studies, they suggest the bank should re-instate you to the position you would have been had you not taken out PPI. This includes charges as a result of the premiums.

 

http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi/redress.html

 

case study 2:

credit-card account closed and PPI policy cancelled before ombudsman decision

 

So we told the financial business to:

 

reconstruct Ms W’s credit-card account, by deducting the PPI premiums (and the interest or charges that resulted from those premiums) to work out the closing balance without PPI;

 

 

 

So, although credit card "penalties" could be dealt with as unfair and illegal, they should also be able to be dealt with via PPI redress - IF the reconstructed statement shows the account would have been within it's limits had it not been for PPI.

 

Ie my case

 

I received 8 charges totalling £395 in 2004 in late payment and over limit fees on my way to a trust deed

 

My reconstructed statement shows that with the removal of PPI and associated interest, my account was actually in credit from 03/09/03 until the account was closed on 10/03/05.

 

That shows that the over limit charges and late payment fees were a direct result of PPi being added to the account. As the account would have been in credit - No payments would have been due and I would not have been over the limit.

 

 

I would imagine it would be easier to win back your charges this way, albiet the reward may be less.

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Enter the monthly spend and monthly payments exactly as they appear on the card statements.

 

in the PPI premium column enter the sum of the PPI premium and the charge you want to claim back

 

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Guest alan703
Enter the monthly spend and monthly payments exactly as they appear on the card statements.

 

in the PPI premium column enter the sum of the PPI premium and the charge you want to claim back

 

Never thought of that - Thank you mucho.

 

Just compiling a sheet to present to the FoS to claim back EVERYTHING when the FoS act on my complaint. Although I am hoping my unfair penalty charge will be settled before that, for a higher value.

 

At least I've got both angles covered - I think

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