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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 
      • 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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Openwork Mortgage Broker - Buy to Let


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I can´t see a section for mortgage brokers, so I´ve pu this here I paid a 500 pounds application fee for a Buy to Let mortgage application recommended by a mortgage broker The mortgage was declined by the lender because at the time I didn´t have a continous employment record of 12 months. The initial decline was challenged, and further evidence/questions ensued, resulting in an decline. I have not been provided any correspondance between the broker and lender so I have no evidence of what the lender actually has said. My employment circumstances were disclosed to the mortgage broker, and they admit overlooking the employment criteria on the application. I´ve complained to the broker and they have advised I have exhausted their complaint system and they advise they believe the initial reccomendation was appropriate and I should take it up with the lender. Although I has tried to speak with the lender, I am not their customer and have directed me to the broker. Lastly the broker has advised I can contact the Financial Ombudsman Service but "we will inform them that we believe your complaint falls outside of their jurisdiction as it relates to an unregulated mortgage" I wonder if there are any ideas ?

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I can´t see a section for mortgage brokers, so I´ve pu this here I paid a 500 pounds application fee for a Buy to Let mortgage application recommended by a mortgage broker The mortgage was declined by the lender because at the time I didn´t have a continous employment record of 12 months. The initial decline was challenged, and further evidence/questions ensued, resulting in an decline. I have not been provided any correspondance between the broker and lender so I have no evidence of what the lender actually has said. My employment circumstances were disclosed to the mortgage broker, and they admit overlooking the employment criteria on the application. I´ve complained to the broker and they have advised I have exhausted their complaint system and they advise they believe the initial reccomendation was appropriate and I should take it up with the lender. Although I has tried to speak with the lender, I am not their customer and have directed me to the broker. Lastly the broker has advised I can contact the Financial Ombudsman Service but "we will inform them that we believe your complaint falls outside of their jurisdiction as it relates to an unregulated mortgage" I wonder if there are any ideas ?

 

Anyone with any ideas here ??

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  • 1 month later...

H everyone,

 

Last try to get a little input on this

 

The Financial Ombudsman have written to say they don´t investigate Buy to Let mortgages as suspected.

 

In a nutshell a mortgage broker made an administrative error when making an application for a buy to let mortgage with a lender, leaving me almost 500 pounds out of pocket. The lender subsequently declined the mortgage. The broker has admitted a simple administrative error meant one of the criteria I didn't meet was overlooked despite having the information provided.

 

The broker complaints procedure (which has been exhausted) has decided that the mortgage advisor correctly assessed my mortgage suitability and affordability and has conviniently overlooked the clerical error. The mortage lender has advised they can´t enter into dialogue

 

I´m a bit stuck for anywhere else to go as the complaints procedure is exhausted, lawyer would be very expensive and the ombudsman won´t look at it.

 

Does anyone know if the small claims court would be an option ??

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