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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
      • 160 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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Who's the BoSs, then ?


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This is actually a family member, with me representing them. However, I will use the first person throughout for clarity. Two consecutive current accounts with BoS (from approx 1985 to 2000), and also a "Scotloan." Sent off the DPA SAR (using std template) and got back a set of statements for just the ONE most recent account covering 1997 to 2000. It took them 40 days to achieve this.

 

I decided to start with just this one account for now, then, as it seems they are going to force me to piddle around. So, I sent a prelim for that one account's charges. Keeps it simple, methinks. At the same time,I sent a demand for the COMPLETE set of data as prescribed in the DPA, and requested in the SAR. After another month, I got nothing. So I lodged a complaint with the ICO online.

 

I have also now sent the LBA with attached spreadsheet, claiming contractual interest compounded daily at the unauthorised O/D rate.

 

While I'm waiting for this to tick by, I got a terse letter from them:-

"I would advise that any request for refunds of charges can only be considered within the last 6 years. Accordingly, your request is declined."

 

So, I sent them this:-

" Request for repayment of charges - Account Number: XXXXXXXX

Thank you for your letter of xx/xx/xx, explaining that I will receive a reply from a Customer Relations Manager shortly. So far, the only direct response to my claim has been a terse letter from a Nick Rogers in Dunfermline, stating that “any request for refunds of charges can only be considered within the last 6 years.”

With respect, I must point out that my original request for refund was made less than 2 months ago, so there are still a further 5 years 10 months to go to consider this request, although I will be very angry indeed if it takes that long.

If, however, what this learned gentleman is actually attempting to point out is that the bank will not refund charges over 6 years old, then he is either ignorant of the law, or is deliberately attempting to mislead us. Whichever it is, I am disgusted that you have seen fit to pass my request on someone who is clearly not able or willing to deal with it properly.

I would respectfully refer you and your colleagues to the Limitation Act. As there has been concealment of the nature of these charges, the Act cannot be applied to them.

Please, if you are unable or unwilling to deal with this matter yourself, will you have the decency to ensure that it is handled by someone who can and will. As a member of the Consumer Action Group, and I can assure you that this kind of treatment does not do the public’s image of the banking industry any good at all.

Please be assured that I am fully prepared to take this matter to court, and will have no hesitation in so doing, if necessary. However, I am prepared to offer you further time before doing so, and will suspend the submission of a legal claim if the bank is prepared to immediately refund fully the charges and interest detailed to you previously. If the bank is not prepared to do this, then be assured that I shall be preparing a case which will include sundry additional claims and costs.

I do hope that you will bear in mind the number of such claims currently being settled by HBOS, and consider that a swift settlement would be the more cost-effective option. I thus respectfully offer the Bank one further opportunity to do this, and hope to receive full payment shortly.

 

Yours sincerely, "

 

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Just adding in a further post, to break things up a bit.

 

I eventually received an email from the ICO confirming that they are investigating my complaint.

 

I have now received a letter from the ICO, which basically states that they have carried out their assessment solely on the evidence I submitted them (scanned copies of letters uploaded to them, with my initial complaint). They have not contacted the bank, but will now inform them that they are in breach of the DPA by not complying fully to my request within 40 days, and will request an explanation. They will also instruct them to confirm that they have sent my info within 14 days.

 

So, I'm now waiting for the data.

 

As regards the LBA, we're skint till after Christmas, so can't afford the fee. I'll show a bit of seasonal goodwill, and leave it until January.

 

Happy Hogmanay, BoS, when it comes !!

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