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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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Drummy V RBS


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Hi Guys

 

Ok I sent off my letter asking for statements going back 6 years (without payment), for the bank to react. Today I received a letter from my branch (Birmingham) stating that they only keep records for 12 months and will incur a £5 charge for statements. Has anyone encountered this before?

 

Any suggestions on the best way of answering this? I was thinking of replying by saying that, I understand that the RBS does in fact hold records for 6 years and that under the terms of the DPA I am entitled to see the data I requested at a charge of £10 (and include the cheque in the letter), and that if the Bank does not provide the information I require then I intend to report it to the Information Commisioner.....would that sound like a fair response?

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The reason they have said you must pay £5 is because you asked for copies of your statemenst and yes, in that case, they can charge. The best way of getting all the information you need is to use the DPA request. That way it is a maximum of £10 and can take up to 40 days to come through. Use the template in the FAQ section, it has all the relevant information on it.

 

Good luck.

Pam.

 

If anything I've said helps you then please feel free to tip my scales!

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Hi Pam

Didn't word the first post very well. It wasn't statements (in fact I didnt use the word Statement in my letter to them) I asked for details of all default charges for Od's and unpaid DD's over the last 6 years as a DPA request and the response I got was sorry we only keep them for 12 months, which I suggest is a delaying tactic. What I was driving at was whether anyone knew how long they are obliged to keep your details for, as I don't believe 12 months is correct.

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Ok this is the letter I send (thanks to the "templates people")..Can anyone see anyfaults, in the first paragrpah, which is specific to me.

 

 

Dear Axxx Pxxxxxx

 

 

ACCOUNT NUMBER: 1xxxxxxx

May I take the oppurtunity for a very prompt response to my initial enquiry, dated 30th June 2006. However it is my understanding in conversation with fellow Royal Bank of Scotland Customers that the Royal Bank of Scotland does indeed hold the details I requested.

Please supply me with a complete list of transactions and charges relating to my banking history with your organisation for the previous 6 years. Alternatively, a complete set of statements for that period will be acceptable.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

I would be happy to collect the Data from my local branch.

 

 

Yours faithfully,

 

 

 

 

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  • 1 month later...

My 40 day limit expires in a few days, to which I have reminded the bank by letter. Unfortunately I go on holiday in a couple of days. I just hope that the documents have a arrived by the time I return. Has anyone had to complain to the Info Commissioner before and what action follows after it?

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Hi Drummy,

 

I believe the 40 days is from when they receive payment, so just to check this is the date your counting from?

 

I think several people have reported to the Information Commissioners and if you do a search on the forum you should be able to find out a bit more.

 

Stacy

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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  • 3 weeks later...

Well I just returned from holiday and still no statements (although the cheque has just been cashed). Methinks a phone call to the bank tomorrow? Has anyone else experienced this?

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