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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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"no statements in archive" Advice Needed!!!


superburger
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Dear All,

 

Just had statement from RBoS c/card, and this message was included.

 

"please find enc. copies of statement from June 2001 to date. Unfortunatley our archives do not contain records from Jan 2001 to May 2001 for your account"

 

What the hell does that mean? Surely they can't have lost a record of their charges and the like?

 

Can anyone shed any light on this. I really want my statements around those dates as I reckon they charged me a fair few quid around that time.

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I know some banks have claimed they don't need to keep records beyond 6 years, but they haven't even kept them that long!!! But wait, of COURSE they have. Yet another bunch of chancers trying it on.

 

Bang another letter off saying you would like them to respond satisfactorily to your request, but unfortunately you are unable to extend your original deadline.

 

Don't let the beggers start dictating terms, or you'll never win.

 

Seahorse ;)

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hey superburger,

 

is the account still live ? if it is then this is almost certainly a lie, if its not live then its possible but unlikely.

Send them a reminder about the DPA request stating that you will only accept a full disclosure of all data and remind them how long they have left before you lodge a complaint against them.

If they really dont have this info tell htem you will be estimating charge on that period at your own disgression.

 

best of luck

Dont Rush - Take Your Time - Dont always take me seriously

:p

 

If you feel i have helped you then click

Here, if you feel i have not helped you then click Here, if you want to complain about this go Here, if you would like bank secrets then go Here.

 

MBNA - Case Charges+PPI+CI+LA+Damages+costs

RBS Credit Card - Case Charges+CI+LA+Costs

Barclays - Case Charges+CI+LA+Damages+costs

Halifax - Case Charges+CI+Damages+costs

Online Finance - Case Charge+CI+Damages+costs

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I phoned thier c/card centre....

 

First person denied they had a Data Protection Officer!

 

Anyway, got a call back from a RBoS employee. I asked where the statements were and she said she'd "look into it" and suggested that a change of account number might have caused the problem.

 

I suggested this was Bullsh** as the number on the account had changed more than once without them being unable to find the statements.

 

The account is still active, so there can be no way those statements don't exist. But in any case, I reminded her that the 40 day clock was still ticking - so we will wait and see.

 

I was a bit hacked off with the way the statements were sent, in an A3 envelope containing A4 statements which ripped in the post. I told the DPO about this and she insisted they were sent in "secure" packaging. I told her I had photos to show otherwise, which seemed to knock the wind from here sails.

 

I suspect incompetence rather than malice in all of this. But as long as I get my ca. £500 back I'll be happy.

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Superburger if the accounts live then its very very doubtful they would delete anything on that account.

Why would they ?

Dont Rush - Take Your Time - Dont always take me seriously

:p

 

If you feel i have helped you then click

Here, if you feel i have not helped you then click Here, if you want to complain about this go Here, if you would like bank secrets then go Here.

 

MBNA - Case Charges+PPI+CI+LA+Damages+costs

RBS Credit Card - Case Charges+CI+LA+Costs

Barclays - Case Charges+CI+LA+Damages+costs

Halifax - Case Charges+CI+Damages+costs

Online Finance - Case Charge+CI+Damages+costs

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Possible the account was closed and then re-opened?

Telewest v RBS

[url]http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/61214-telewest-rbs.html[/url]

Telewest v A&L

[url]http://www.consumeractiongroup.co.uk/forum/alliance-leicester/61215-telwest-l.html[/url]

Telewest v Halifax

[url]http://www.consumeractiongroup.co.uk/forum/halifax-bank/63775-telewest-halifax.html[/url]

 

If I've helped - hit the scales and rate me!

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edit

Telewest v RBS

[url]http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/61214-telewest-rbs.html[/url]

Telewest v A&L

[url]http://www.consumeractiongroup.co.uk/forum/alliance-leicester/61215-telwest-l.html[/url]

Telewest v Halifax

[url]http://www.consumeractiongroup.co.uk/forum/halifax-bank/63775-telewest-halifax.html[/url]

 

If I've helped - hit the scales and rate me!

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If you don't get the data you require. Ask them to explain exactly how they have come to lose your data. You should have a case to take them to court for non-disclosure.

 

Put pressure on them. It's just delaying tactics.

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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  • 2 weeks later...

Well, their deadline is up opn 26/2 and on 24/2 I received a letter saying they still can't find statements for 6 months is 2001.

 

So, what do i do about this? Does anyone know what the legal position is?

 

Should I just start the ball rolling with my claim and do another one if/when these 'missing' statements turn up?

 

Has anyone else been in the same boat?

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If you don't get the data you require. Ask them to explain exactly how they have come to lose your data. You should have a case to take them to court for non-disclosure.

 

Put pressure on them. It's just delaying tactics.

 

As I said above, do that. If you wish, start your claim accordingly for the statements you do have. You should now also be filing for non-disclosure. Have a read around - plenty of info on non disclosure (lots in the barclaycard forums!).

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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I'm not sure. But to be honest, the can't just lose them! They have an obligation to hold on to your records. I would start by sending them a letter to explain exactly what they have done with your records.

 

In the meantime, do a bit of research into filing for non-disclosure and what can come of it.

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Just had a thought about this. Just wanted to point out that I don't really know how long they have to hold on to your records for, but bear in mind 2001 is 6 years ago. When they received your letter, I believe they should at least have had 6 years worth of your data therefore, they should have had May, April and March (assuming your letter went to them in February). Assuming that they hold data for longer than this - again I don't know how long banks are obliged to hold on to your data for - then you should also be asking what happended to Jan and Feb.

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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well, their times up, so I phoned again asked why i couldn't have my information.

 

The DPO told me some story about changed account numbers and different computing system, she even implied that I should estimate my charges for my claim against them (which started today - can't be arsed to wait for RBS to mess around.)

 

I called the ICO and the guy I spoke to said that she may mean their records are on microfiche - in which case they have to supply them to me.

 

If it's a computing thing, and they genuinley can't find the data, then it's probably a breach of the DPA. He also said if they're in the business of losing financial records

 

So, I sent them a letter (extract below)

 

To further surmise, I must insist that you provide a detailed explanation of how my account details prior to June 2001 are stored. Furthermore, if they are held in a relevant filing system, such as microfiche, I expect my data to be supplied within seven days to fulfil your legal obligations under the DPA.

 

If they are not stored in an accessible fashion by such a system, then I must insist that you offer a detailed explanation of why this is not the case, as I believe it puts you in clear breach of the DPA and possibly in breach of any number of areas of accounting, taxation and financial law.

 

If you chose not to respond to my satisfaction within seven days of receipt of this letter, I reserve the right without any further notice or warning to report you to the Information Commissioner, the Financial Service Authority and to begin action in the County Court to force you to comply with my SAR. Furthermore, I will draw your actions to the attention of XXXXX MP for WHERE I LIVE

i'll see what response they come up with then see what the best thing to do is. Unless anyone's got any thoughts?
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So they can't fob you off, include something about give me specific details as to why you can't find my records if you can't find my records.

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Yes, I put a bit in somewhere else about giving detailed explanation of how they saw fit to lose, alter, modify or destroy date pre June 2001.

 

I wonder what the position would be if they had actually lost all my records since before 2001?

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  • 2 weeks later...

Well, after giving them a week to come up with some good answers they have written back to say

 

1) They were on microfiche.

2) They should have been transferred to an electronic filing system

3) They weren't and the records have been destroyed.

 

i tend towards believing that they have honestly managed to destroy them.

 

Does anyone have any idea what this means for me, or for RBS. I am not very impressed with them!

 

I have already written to ask for charges back, and included an estimate for the missing months.

 

Any thoughts?

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  • 1 year later...
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