Jump to content


  • Tweets

  • Posts

  • Our picks

    • 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
        • Like

M+S Sent my CCA return to someone else - now offering £20??


thestarinn
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1926 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

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

 

Thanks

Recommended Posts

What an absolute nause!

 

I would possibly spend my time letting the ICO know of this data breach......

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

do you have a full copy of the info they sent the wrong person

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

No, I haven't received anything from M&S regarding the CCA request, which incidentally was sent to Cabot.

 

Cabot replied stating they "have requested the relevant details, which will include a copy of the credit agreement, statement of account and original and varied terms and conditions from the original lender".

 

This reply was dated 26 March 2018.

I then received the M&S letter dated 30 April, but no copy of what they sent.

Edited by dx100uk
spacing
Link to post
Share on other sites

write to M+S ask them for a copy of all the information they wrongly sent to the wrong person

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Under article 17 of the new GDPR coming in force 25th of May, they are obliged on enquiry to inform you of everyone with whom they have shared data. They also obliged to contact the data controllers and to organise the erasure of any data which should not have been shared or which you have eventually asked to be erased.

 

The £20 compensation is insulting – and it is not even compensation. It is simply to cover the expense of registering yourself on a fraud database. I should certainly make a complaint to the ICO. Send a copy of the letter.

 

It's up to you what you want to do – but in the circumstances I would consider setting about obtaining a court judgement for breach of statutory duty in that they have breached the data protection act. I think you should threaten them with this in a letter before claim and tell them that you want a sensible proposal for compensation and that if you do not receive one within the 14 days then you will start a County Court action for breach of statutory and without any further notice. Your chances of success are better than 95%. In fact they would be crazy to defend it – and I feel that it is highly likely that you will get a call from them and a sensible offer.

 

However, they may be stupid just like the conventional banks and preferred to spend hundreds or even thousands of pounds trying to block your claim rather than to settle it for a reasonable amount.

Link to post
Share on other sites

write to M+S ask them for a copy of all the information they wrongly sent to the wrong person

 

an excellent suggestion – you should also ask them to copy you in to every piece of correspondence they have in relation to this – in particular the correspondence that they engage in with any third parties as to the erasure of the data.

 

You will also want to have confirmation from the third parties that the data is erased. You will have to achieve this by sending off SARs to them on 25 May. The whole thing is an incredible nuisance and it is certainly worth some compensation. I suggest that you go for £300 or £400

Link to post
Share on other sites

By the way, don't forget that the M & S bank is subject to BCOBS. A BCOBS judgement against them would cause them enormous embarrassment I can imagine that they would want to go to considerable lengths to avoid this.

Link to post
Share on other sites

  • 3 months later...

I wrote to M&S to tell them their £20 gesture was insulting and that, if I didn't receive a sensible offer I would send a letter before action.

 

Just received a letter from M&S saying "sorry we've caused you upset".

Other details extracted from letter....

 

As the breach of data occurred before 25 May 2018, article 17 of GDPR isn't applicable.

"The ICO has contacted us to confirm they're aware of this breach and that we should deal with the matter internally....."

 

"As your data was sent to another data subject, it wouldn't be appropriate for us to confirm their name to you."

 

"The third party who received your information from us incorrectly notified us of the breach.

They returned the documentation sent to them in error, at our request."

 

"I've applied a further credit of £105 to your M&S Credit card account........and brings your total compensation for this matter to £125"

 

".....if you chose, you could use £20 as payment for Cifas Protective Registration for 2 years".

 

What do you guys think?

Link to post
Share on other sites

  • 4 months later...

dunno copy them the letter and ask them?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...