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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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Sister was paying PPI before she died


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My sister, who was a spendthrift, died two years ago, after many years of illness, in which her chronic smoking, obesity and diabetes must have been major contributory factors. She had been virtually housebound for several years before her death. She lived alone and died penniless, apparently owing about £10,000 in credit card debt. My elderly mother contacted the credit card company at the time to inform them of her death, but kept none of the correspondence nor any of my sister's credit card statements, so the very little information that I have mainly came from a series of texts I exchanged with my sister about a year before she died.

 

From these texts, it appears that my sister took out PPI many years ago, possibly when she was still working (a rare event in her later years). Some years later when she was arguably no longer capable of working, she suffered a heart attack. It seems that my sister then received a PPI payout, which cleared her (then) £2,000 credit card debt.

 

However, she must have then continued paying PPI premiums after her heart attack until, one year before her death, she admitted to me that she had racked up credit card debt of about £10,000 and was still paying PPI each month, even though she said that she had more or less been led to believe that she wouldn't ever get any further PPI payouts. She told me that she really ought to stop paying the PPI. She said: "I must cancel it [the PPI] but I can't remember how." At that time, all I could do was encourage my sister to contact the CAB. We don't know if she ever bothered to do so before she died, nor whether she cancelled the PPI.

 

What are the chances that my sister would have been due compensation and, if so, from what point in time might this compensation be deemed to start from? I presume that if she received a PPI payout payout after her heart attack, then we could not claim compensation for any premiums paid prior to that payout. However, her health after the heart attack probably made it very unlikely that she would ever have been able to work again and I'm fairly certain that in fact she never did work again, as she was permanently relying on invalidity benefit. A year before she died, she had clearly realised that she was paying PPI for no reason. I have to presume that my sister probably never volunteered any new information at any point about her worsening health and her reliance on invalidity benefit and I presume that the company to whom she was paying PPI probably never asked.

 

Is there a possible case for compensation here? If so, would it be worth claiming, given that she probably owed much more to the credit card company than we would likely be due in compensation for PPI payments.

Edited by conductor71
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Hi

 

You say our sister dies with no estate.

 

In that case, her debts died with her so there is nothing due to the card company.

 

You also say that her dent to the company would exceed any claim she might make.

 

My view is that it is not worth claiming anything on the account because, although they cannot recover from her estate (there isn't one), anything that could come back will be set against the account anyway.

 

There will be no benefit to her estate.

 

Personally I would be inclined to leave it alone.

 

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My view is that it is not worth claiming anything on the account because, although they cannot recover from her estate (there isn't one), anything that could come back will be set against the account anyway.

 

There will be no benefit to her estate.

 

 

Thanks for this opinion. I guess I was thinking that a potential PPI payout might not be able to be offfset against other outstanding debts.

 

Any other views on this are welcome.

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