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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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WEIRGO Vs B.O.S(cum)


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I am finally ready to begin claiming my charges back from the bank. I have filled out my request for my statements but I am not sure as to who to send it too.

 

Would I send it to my local branch??

 

Or to the B.O.S. head office??

 

Can anyone advise?

S.A.R. sent 06/10/06

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Hi Weirgo,

 

They have up to 40 days to respond. I sent my letter to them on the 14th of August and the info was there for me when I returned from holiday on the 20th September. So it arrived sometime before then.

 

However..................only 2 yrs worth of statements had been provided, not the 5yrs worth that I had asked for. I followed this up with a letter, to which I've had no reply. I have also telephoned phonebank. The guy said to me that they should arrive within 5 working days.....so sometime this week.

 

Seems that this has happened to a few people with BOS......incomplete info arriving. Stalling us perhaps??

 

But keep at em......stick to the guidelines and timetable.

 

Good luck, I'll be watching your progress with interest!!

Darren :p

 

BOS - WON - £5.6k

------------------------------------------------

Virgin Mastercard - WON - £300

------------------------------------------------

Barclaycard - WON - £200

------------------------------------------------

Lloyds - WON - £1.6k

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After sending my S.A.R. form to my local branch I recieved this letter yesterday.

 

Dear Weirgo,

 

Whilst I acknowledge it is your legal right to apply formally under the Data Protection Act for a list of all transactions and charges relating to your banking history. There is normally a £10 charge for a formal request; however in the interest of customer services this will be provided free of charge.

 

I understand that you would like to recieve information about specific transactions, where manual intervention was required. Please understand that we are under no statutory obligation to record the information you require, thus we are unable to comply with your request.

 

You have requested a copy of duplicate statements for the last 6 years. There is a charge of £5 for duplicate statements however, in the interest of customer service; I have ordered the statements for you for no fee, and should be with you in due course.

 

 

Has anyone else recieved a letter like this one. I had enclosed a cheque for £10 but they sent it back to me....not like them eh!!

 

Would like to know what you think...

 

If I had to take them to court (big IF) how would it be percieved about the manual intervention with regards to charges as they are not stating that they did or didn't intervene??

S.A.R. sent 06/10/06

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I received a letter stating likewise. I would imagine that makes our case stronger as they are not able to prove manual intervention so therefore cannot justify the need for such high 'maintenance costs' on our accounts.

Although this is just my opinion

14/8/06 - S.A.R Request to B.O.S for C.Account + 2 C. Cards Statments. Sent to HBOS, The Mound, Edinburgh (R.Delivery)

18/09/06 - S.A.R. Request Reminder Letter sent to HBOS, The Mound, Edinburgh. Local Branch C.C. (R.Ddelivery)

19/09/06 - 01/10/06 - Requested Information Received - Various Packages and Letters

11/10/06 - Prelim Letter Posted to HBOS, The Mound, Edinburgh. Local Branch C.C. (R.Ddelivery)

 

18/10/06 - Letter Received from HBOS as follows "your complaint will be passed to a Customer Services Manager....get back to you within 4 weeks"

01/04/07 Full Charges Received. Small Claims case won as bank failed to lodge defence. They initially refused to pay up and it was only through contact with a Sheriff Officer that they done so.

Case Closed - Hurrah

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yes this is a fairly standard response from BOS (although they cashed my cheque-claimed it back tho;) ). Don't worry you WILL get your money and don't accept anything less than the full amount-plus 8% interest if it gets to the moneyclaim stage.

Bank of Scotland account

S.A.R - (Subject Access Request) sent 13/7

Request for Payment-sent 11/8

L.B.A- sent 25/8

MC- filed 8/9 Deemed served 13/9

SETTLED IN FULL-9/10

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Thanks folks that clears that up.

 

Can't wait until my statements arrive to see what they have charged me over the years.

 

Keep up the good work

 

Hi wiergo!

 

If you can remember, we sent our SAR letters off on the same day, so far I've not received anything from BoS.

 

How impatient can I be, they have 40 days I guess.

 

I'll keep you posted.

 

MelanieGB

Joint Account

S.A.R - 05/10/2006

Prelim - 08/01/2007

LBA - 01/02/2007

 

Husband's Account

S.A.R - 13/10/2006

Prelim - 30/11/2006

LBA - 14/12/2006

Handed in Court Papers - 30/01/2007

Court Papers returned - 06/02/2007

Court Papers resubmitted - 13/02/2007

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i requested my statements form B.O.S. on the 14th August. They cashed my cheque on the 22nd August. I phoned them on the 18th September for an update on my request and they had no record of it. Despite cashing the cheque.I was informed it would be dealt with. I decided to post a reminder letter that day - 18th Sept. Within 2 days the Statements started arriving in. I got 28 envelopes of statments and 2 huge packages of statements going way back to 1998. Despite only requesting the last 5 years. They were a wee bit slow in responding but I must say I was impressed to receive them all in the week commencing 25th September. It does pay to give a reminder call / letter to them. R. Delivery of course

14/8/06 - S.A.R Request to B.O.S for C.Account + 2 C. Cards Statments. Sent to HBOS, The Mound, Edinburgh (R.Delivery)

18/09/06 - S.A.R. Request Reminder Letter sent to HBOS, The Mound, Edinburgh. Local Branch C.C. (R.Ddelivery)

19/09/06 - 01/10/06 - Requested Information Received - Various Packages and Letters

11/10/06 - Prelim Letter Posted to HBOS, The Mound, Edinburgh. Local Branch C.C. (R.Ddelivery)

 

18/10/06 - Letter Received from HBOS as follows "your complaint will be passed to a Customer Services Manager....get back to you within 4 weeks"

01/04/07 Full Charges Received. Small Claims case won as bank failed to lodge defence. They initially refused to pay up and it was only through contact with a Sheriff Officer that they done so.

Case Closed - Hurrah

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i requested my statements form B.O.S. on the 14th August. They cashed my cheque on the 22nd August. I phoned them on the 18th September for an update on my request and they had no record of it. Despite cashing the cheque.I was informed it would be dealt with. I decided to post a reminder letter that day - 18th Sept. Within 2 days the Statements started arriving in. I got 28 envelopes of statments and 2 huge packages of statements going way back to 1998. Despite only requesting the last 5 years. They were a wee bit slow in responding but I must say I was impressed to receive them all in the week commencing 25th September. It does pay to give a reminder call / letter to them. R. Delivery of course

 

Thanks mar10funster, I will give them another week or so and then do a reminder letter.

Joint Account

S.A.R - 05/10/2006

Prelim - 08/01/2007

LBA - 01/02/2007

 

Husband's Account

S.A.R - 13/10/2006

Prelim - 30/11/2006

LBA - 14/12/2006

Handed in Court Papers - 30/01/2007

Court Papers returned - 06/02/2007

Court Papers resubmitted - 13/02/2007

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Guest willowb

If they do go over the 40 days and you have reminded them, regardless of any response you may have had, this is the pdf form you can print off and send to the ICO....

 

http://www.ico.gov.uk/upload/documents/library/data_protection/forms/data_protection_complaints_form.pdf

 

 

Let the bank know that you have complained to them.

 

Wxx

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willowb, thanks for the support!

Joint Account

S.A.R - 05/10/2006

Prelim - 08/01/2007

LBA - 01/02/2007

 

Husband's Account

S.A.R - 13/10/2006

Prelim - 30/11/2006

LBA - 14/12/2006

Handed in Court Papers - 30/01/2007

Court Papers returned - 06/02/2007

Court Papers resubmitted - 13/02/2007

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Recieved one batch of statements so far and then a letter from HBOS stating that they had recieved my request (from my local branch) and will be sending out my statements in the coming days. They also debited my account £5 for the service after saying they would provide them for free ( nothing in life is for free eh!!).

 

Not had time to have a good look over the statements, but at a glance something don't seem right. All the charges seem to be for £20....whereas I am certain that all my charges have been for £30. Going to dig out some original statements and see whats what.

S.A.R. sent 06/10/06

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Recieved one batch of statements so far and then a letter from HBOS stating that they had recieved my request (from my local branch) and will be sending out my statements in the coming days. They also debited my account £5 for the service after saying they would provide them for free ( nothing in life is for free eh!!).

 

Not had time to have a good look over the statements, but at a glance something don't seem right. All the charges seem to be for £20....whereas I am certain that all my charges have been for £30. Going to dig out some original statements and see whats what.

 

Hi,

 

It seems you are having more luck than me. I've not heard anything yet, I have sent them a reminder letter today.

 

Melanie

Joint Account

S.A.R - 05/10/2006

Prelim - 08/01/2007

LBA - 01/02/2007

 

Husband's Account

S.A.R - 13/10/2006

Prelim - 30/11/2006

LBA - 14/12/2006

Handed in Court Papers - 30/01/2007

Court Papers returned - 06/02/2007

Court Papers resubmitted - 13/02/2007

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Arrived home yesterday to find the past three years statements waiting for me. Added up all the charges and it came to just under £1500.

 

Has/when anybody has claimed in the LBA in Scotland, do you go for the full figure and when they don't play ball cut it down to £750 so you can pursue it through the small claims court.

 

Or do you have to start with £750 and pursue that and then start again???

S.A.R. sent 06/10/06

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Firstly, you need another 2 years statements (you can claim for 5 years). Then issue requests for repayment for the whole lot and only if they dont settle, then cut down to £750 (or £1500 under summary cause). At worst, you may have to file 3 or 4 claims, but they might settle in full before that. You never know?!

 

j

  • Confused 1

1/9/06 RBS claim #1

8/11/06 - claim settled

17/11 claim #2 started - incl creditcard

30/11 - CC statements received

31/11 - Prelims issued - RBS paying up, only M/C to go)

 

If any of my advice/ info has been helpful, please click the scales:D

 

Please also remember that any advice is given from my own experience and in good faith as a lay person. If in doubt, please contact a qualified professional:)

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Mine was a strange one, i sent away the SAR, and they replied to me a week before the deadline was up offering me £236 as a "goodwill gesture"

 

:lol:

 

I guess they're all different, but i was a bit taken aback what ONE letter could get me.

 

Although i'm holding out for the statements to see how much i'm ACTUALLY owed.;)

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Guest willowb
Mine was a strange one, i sent away the S.A.R -

Although i'm holding out for the statements to see how much i'm ACTUALLY owed.;)

LOL if they're making offers now...it must be quite a bit more!!!;):rolleyes:

 

Wxx

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When I sent off my S.A.R. form I stated that I wanted all statements from when my account opened, no date entered.

 

In the return letter, they replied 'your request for the past six years statements has been passed on blah blah'

 

The point is my account with them has only been open for 5 years!!

 

Think they might be trying to catch people out making them claim for 6 years instead of the 5 years?????

S.A.R. sent 06/10/06

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