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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
        • Like

Welcome PPI claim pre 2005 *** SUCCESS ***


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no that's the discount you got for paying it early. [interest rebate]

 

you settled the loan on XXX date

 

you paid them £XXXX to settle the debt

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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no that's the discount you got for paying it early. [interest rebate]

 

you settled the loan on XXX date

 

you paid them £XXXX to settle the debt

We paid them £11,055.92 to settle on March 6th 2006

They charged £469.91 Penalty Fees

The gave -£745.80 Insurance Rebate

A fee rebate of £335,41 (no idea what that was for)

A fee rebate of £59.71 (again, no idea)

'Interest posting' of -£0.94 ?

'Correction' of -£153.21 - which they seem to have 'written off' somehow.

 

What have I missed ?

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so 18.276% of that £11k is for PPI and should be included on the spreadsheet as a PPI payment on the date you paid it.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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so 18.276% of that £11k is for PPI and should be included on the spreadsheet as a PPI payment on the date you paid it.

 

dx

 

[ATTACH]50363[/ATTACH]

 

Like that ?

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yep that looks better

 

i'd expect their other bits rebates you mentioned to then be taken from that total

 

should be close now

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

yep that looks better

 

i'd expect their other bits rebates you mentioned to then be taken from that total

 

should be close now

 

dx

 

£6,200.15 as per the spreadhseet, less the bits detailed in #52, gives a total of £5,489.24.

 

Their offer was £5,915.10, above the calculated total here, so we're going to take it while we can.

 

OK, so that's less £487.88 to HMRC, leaves £5,427.22 for them to pay us - but I'll reclaim the 'tax' as soon as I can and we're able to get my missus a replacement car. She's already looking on-line :-D

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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there you go got there

 

well done

 

give us a call when the money arrives and i'll mark th thread

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

there you go got there

 

well done

 

give us a call when the money arrives and i'll mark th thread

 

dx

 

Great stuff - will certainly update the thread when they cough up :-)

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Congrats on getting an offer that meets your expectations.

 

Thanks. It's not the end of the issue though, there are other possibilities to reclaim invalid insurances on the same loan agreement. That will be in a different thread though, this one is just for the PPI and once we've worked it all out properly their offer is within reasonable range of my figures so we may as well accept, or spend another year arguing about it via the FOS for the sake of a few quid.

 

We have some more claims to start on yet, several more came to light when we got the SAR for this one. If we spend £10 on a SAR and reclaim £200 of charges then it's well worth it. That's what the Barclays one ended up being - http://www.consumeractiongroup.co.uk/forum/showthread.php?421662-BC-penalty-charges&p=4508482&viewfull=1#post4508482 - which we should hear more about soon.

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  • 3 weeks later...

And..... money is in the bank this morning - ** SUCCESS ** :-) :-) :-)

 

The second part of the story for the MIF and insurances is ongoing at http://www.consumeractiongroup.co.uk/forum/showthread.php?422956-Hillards-v-Welcome-MIF-amp-insurances-re-claim

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Thank you ims21 for updating the title.

 

A question relating to this: Welcome have deducted 'income tax' from the award of £487.88, against the £2,439.38 interest at 8%. I have asked Welcome for some sort of documentation for this that I can send in to HMRC to get that tax back as I'm on Disability allowance plus a pension and don't get anything near to my full tax allowance. With an overpayment of tax on my pension last year I am only just able to claim that back as it is classed as PAYE. This is a one-off, so can I claim it this year, or have to wait until next April ?

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Hi hillards

 

it is standard now to deduct basic rate tax from the 8% interest element.

 

If that is shown on the offer letter and given your situation with regard to benefits I would contact HMRC sooner rather than later and send a copy of the offer letter to them. See what they say.

 

You may be able to accelerate the refund given your circumstances.

 

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...I would contact HMRC sooner rather than later...

 

I'll give the tax office a call and see what they say. The offer letter does show that they will deduct 20% of the interest but there's nothing to tie that to my NI number or a tax office code to enable HMRC to find the money, that was my reason for asking Welcome to give me something in writing.

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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OK, tax office are always helpful. They need me to get a letter from the DWP about my ESA, showing how much I was 'paid' in the last year as they don't issue a P60 for that and the details take so long to reach HMRC. They will then update my account and can look at making a refund of the tax paid on the PPI. At this stage they cannot say if it would be this year or if I have to wait until the end of the tax year, next April...

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Further checks with the tax office show that although I am not in full time employment, my ESA payments are taxable, as are my small pension payments. Together they account for almost 85% of my tax allowance for the year so I may not be able to to reclaim all of the 'tax' that Welcome deducted.

 

I was asked to get a statement of my ESA payments and send that with a copy of the award letter and breakdown. I'm waiting to hear back from the tax office, letter sent today, and guess perhaps 65% if I'm lucky. Better than nothing, and we have already had a sizeable payment so can't grumble.

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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