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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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BOS Reply to DPA


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hey All,

 

I sent my DPA request to the BOS on the 14th March and have received a reply today from them:

 

Dear Mr Bathgate

 

We can provide the information requested but to do so there is a £5 statement charge.

Statements will then be provided for the last 6 years.

 

please provide the authority to debit your account or forward a cheque.

 

No action will be taken until we receive this.

 

The majority of transactions on your account are automated and all application of charges is automated.

The only manual intervention around charges would be when a refund is made.

 

Therefore if you require any further information please contact us.

etc

etc

 

 

MMM The bold bit is very interesting!!! Would you guys like a scan of the letter?

 

But what was included was a printout from the system, about 9 pages long with all the details of my account, card limits, cheques book etc, then some details of charges, the more detail about the account, then more charges, then info about after the merge with Halifax. but it doesn't contain all the charges as I know for a fact that they applied nearly £2000 in charges to the account.

 

I'll send off my £5, but its curious looking at other peoples replies saying they had to pay nothing etc. Must depend on how good a customer you were!!!

 

ta for now

 

Tom

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not sure if the wording in the request is relevant, I did not ask for statements but for a complete list of transactions and charges on my account since .......date 2001.

What I received is a set of computer print offs, that thoughtfully group all the charges for each month into one section, and, for the period prior to the Bank of Scotland accounts being transferred onto the Halifax system, photocopies of statements.

No mention of any payment for these, I will see on my next statement to see if they have taken any, I haven't authorised one.

Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr

Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.

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You've got a very good piece of evidence there!

The law maybe reason without passion as Aristotle said, but hey, he said nothing about having fun when getting even!

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal expereince. For legal advice you must always consult a registered and insured lawyer.

 

 

Reputation Points Always Welcome

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I am sure Bookworm would like a copy of that letter. Maybe you could PM Bookworm and see?

Status:

 

Halifax - DPA sent 03/03/06.

Prelim Letter - Sent 27/03/06 ignored.

LBA sent 10/04/06 - Ignored

Moneyclaim filed - 26.04.06

Acknowledgement received 3rd May. Halifax state they intend to defend.

Halifax Settled in Full - 17 May 2006

 

If you've found this post helpful, I would be grateful if you could click on the 'Scales of Justice' button in the top right corner of this post.

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Thanks, Rivendale.

 

As a note to everyone, if you have letters from banks that show anything in the lines of admitting penalty charges, automated systems, that kind of thing, please do send them. If you're not sure, send them anyway.

 

What I would ask you NOT to send is your own letters to the banks. Most of them will be a variation on our templates, and they do not at this stage help establish an argument against them.

 

The address to send them is:

 

[email protected]

 

Thanks in advance, please pass the word around.

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  • 12 years later...

This topic was closed on 03/07/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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