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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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welcome finance and ppi **WON**


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Hiya still looking through poc of other users. Still cant find one. Could someone just clarify that i would do the claim in charges seperately from the mis sold ppi?

Its only i have had another letter today from the fos asking for more info so i know they are hopfully now dealing with this. So i dont know whether i should now wait and see what the outcome of the mis sold ppi is going to be or just press ahead with reclaiming the charges.

 

We have asked wcf to tell us exactly what each charge is for. We have asked over the phone and sent it in writing recorded. No response.

 

Im really worried that the fos is going to come back to us and say prove it was mis sold because at the end of the day its our word against theres i suppose.

 

This is so confusing. Its the first thing i think of in the morning and last thing at night.

 

If it wasnt for this site i would have never ever realised that ppi doesnt have to be taken out to get the loan. Also it was only reading through other peoples threads that have had loads of charges made us do the sar which showed we had all these charges. We were completely unaware of these.

 

Its scary really we could have got to what we thought was the last payment on our loan and still had throusand in charges left to pay.

 

will keep you posted

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if it is welcomes word against ours , then we should all come together and show FOS that it is no coincidence they have done it to so many.... maybe list of names with agreement numbers or something similar sent to fos as a blanket for them to investigate welcomes practices....

 

reidnet would be my choice or hell has no fury!!!!

Only direct action by the masses will work....

 

Look at all successes they have never come from negotiation!!!

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Good thinking Fergal!

I'd be in it for sure

Halifax settled

Halifax (again) settled

Nationwide settled

Natwest settled

Don't forget to donate to this site, they gave us the backbone to put up a fight, we've learnt how to reclaim our rights and proved banks are all nothing but........ rubbish <wink>

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Count me in any list for missold PPI be welcome, they have had me twice!

Completed:

RBOS Charges - £2435 settled in full :)

RBOS Default Removal - Removed :)

Carphone Warehouse Default Removal - Removed :)

Welcome Finance Default Removal - Removed :)

Viking Direct CCJ - Removed :)

Littlewoods Default - Removed :-o

 

Ongoing:

N Hunter SAR

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Hiya, Right ive had my final response from welcome regarding the charges. Still no list of what they are all for just shows on my statements as charges. Ranging from £5 to £100. Ive requested a list of what they are and a breakdown of how they are made up. Never receieved this info.

 

I sent them another lette giving them 14 days to provide this. Still no word from them.

 

The fos is dealing with the mis sold ppi so should i contact them about these charges or start a claim through the courts?

 

If i start a claim through the courts i still cant find a poc for the claim form. Been looking for ages.

 

any help would be appreciated

 

karen

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Karen, what was their final response on the charges issue?

Completed:

RBOS Charges - £2435 settled in full :)

RBOS Default Removal - Removed :)

Carphone Warehouse Default Removal - Removed :)

Welcome Finance Default Removal - Removed :)

Viking Direct CCJ - Removed :)

Littlewoods Default - Removed :-o

 

Ongoing:

N Hunter SAR

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Hiya, Right ive had my final response from welcome regarding the charges. Still no list of what they are all for just shows on my statements as charges. Ranging from £5 to £100. Ive requested a list of what they are and a breakdown of how they are made up. Never receieved this info.

 

I sent them another lette giving them 14 days to provide this. Still no word from them.

 

The fos is dealing with the mis sold ppi so should i contact them about these charges or start a claim through the courts?

 

If i start a claim through the courts i still cant find a poc for the claim form. Been looking for ages.

 

any help would be appreciated

 

karen

 

Hello Karen,

 

If the fos is dealing with the mis-selling of the ppi, then you must be patient and wait to hear the outcome, it can take up to 8weeks, if you get no joy from them, then you need to issue a court claim using the N1 hard form copy. You will find it in the bank template letters on the front page. Have a look at Phatrum link for a poc.

 

Egg Credit Card Ppi May give you an idea.

 

As for the charges that they will not give you a breakdown on, if this was part of the SAR, then you must send them an non-compliance letter and then if they do not respond, you must report them to the Information Comissioner's Office and file a claim at court. Also do these charges as a seperate claim,

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Dear Hellhas, sorry to jump in on this thread. I have pm'd you and reidnet asking for your advice; start of my thread is:

Lloy dsTSB-RENEGE on their initial PPI Refund offer

 

Again, sorry to hijack this thread.

 

Spurs9

 

Hello spurs,

 

Just pm'ed you:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hiya thanks for advice.

Ive sent the details of the mis sold ppi to fos. I havent contacted the fos about all the charges they have been adding (sorry if i made it confusing above).

Had a letter last week stating that they believe these charges to be fair and inline with there costs.

We did send a sar and thats why we got the statements. We sent a non compliance which was our first request for the breakdown and what each charge was for. Never receieved nothing back.

 

thanks

 

karen

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Hiya can someone let me know if its worth contacting the fos about all the charges that they have failed to let me know what they are for. The fos are already looking into mis selling ppi.

 

Or should i just start a mcol. I need help!!!!!

 

Keep going on to the mcol but i just havent got the knowledge to fill in a poc regarding these charges. Any help would be really really appreciated..

 

karen

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Hiya can someone let me know if its worth contacting the fos about all the charges that they have failed to let me know what they are for. The fos are already looking into mis selling ppi.

 

Or should i just start a mcol. I need help!!!!!

 

Keep going on to the mcol but i just havent got the knowledge to fill in a poc regarding these charges. Any help would be really really appreciated..

 

karen

 

Hello Karen.

 

Can you post up of the thread the amount the charges where and what was the codes that where used.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hiya thanks for the reply. There are no codes at all.

 

On the statement they sent its just loads of £5, £10 some £20, £100 also. The total when we originally got the statements was over £500 but i presume its a lot higher now.

 

thanks

 

karen

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Karen, all the charges you have on your account including recent ones, you will get back...whatever the reason. WF was not allowed to apply them to your account in a first place...so stick to your time schedule..

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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Thank you very much for reply. So where do i go from here. Ive sent prelim letter and lba. Ive requested info for what each charge is for.. Thats never come. So i presume next is court but how do i start court when i dont know what the charges are for?

 

Im a little confused.

 

karen

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Thank you very much for reply. So where do i go from here. Ive sent prelim letter and lba. Ive requested info for what each charge is for.. Thats never come. So i presume next is court but how do i start court when i dont know what the charges are for?

 

Im a little confused.

 

karen

Hello Karen

 

Yes the next step is court. I understand what you mean about not knowing what to put down for charges. Can you post the breakdown of the information for us to see, might give us a clue. Maybe send a letter to them requesting that they comply to your request for a breakdown of the charges and the reason they were applied. Tell them they are failing to disclose information to you and you will repost them to the enforcement authorities. Worth a shot. If it comes to court you can request this information from them and they will have to comply.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Karen, This is worked for me..and i got my charges from WF returned

 

 

I am of the opinion the law is clear on liquidated damages and that, irrespective of your belief to the contrary and regardless of any agreement that I may have signed, the payment of excessive damages will be interpreted as a penalty and therefore the charges you imposed will be unenforceable and should I be forced to litigate, judgement granted in my favour.

 

The fact that your fees do not differ significantly from those charged by other companies operating within the Financial Services industry is entirely redundant however I am most interested in your comment regarding my responsibility for those fees. Given your clear and unambiguous statement that these fees represent the costs to your business and that you have incurred them as a result of my breaching our contract I am sure you will be happy to demonstrate this by letting me have a full breakdown of the costs to which you have been put as a result of my breaches in order to reassure me that your penalties really do reflect your costs.

 

Charges are not legally enforceable if they are penalties. Penalty clauses in contracts in English (and Scottish) law for breach of contract are not legal if the penalty exceeds the actual cost of the breach of either party. The law relating to penalties has been established through case law. The cases date back to the nineteenth century and the courts have been consistent in the way that they have ruled on penalty clauses

 

I am mildly amused by your penultimate paragraph and your apparent misunderstanding of contract law and seemingly deliberate attempt to complicate what is a straightforward issue.

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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Thank you so so much for this. Im going to get this off to them first thing in the morning by special delivery.

 

The last letter i had back from them was from mr scothern, Is there anyone higher up that i could address this to?

 

thanks once again you are a great help

 

karen

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Well, the situation is that Mr S is leaving( he doesn't care and has got a mission to back all the complaints off)...( This is what Ian Orril told me on prelim hearing''''''just about Mr S leaving plans'''''')...

 

I would send all the letters either to Mr Orrill or to Secretary of CEO...also, Ellen gave an advise to send a complaint to WF Parent company:

 

contact details for Cattles CEO (Welcome parent company)

 

Seán P Mahon, Chief Executive

Cattles Plc

Kingston House

Centre 27 BusinessPark

Birstall

Batley

WF17 9TD

 

I just so fed up of WF...i can't tell how much;)

  • Haha 1

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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