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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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pjdudley69 v Yorkshire Bank **SETTLED**


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After reading the article on MSE I've decided to try and reclaim charges made by Yorkshire Bank.

 

Four years ago my partner and I split up, leaving me with 2 kids, a mortgage and only one wage coming in. Slowly, I started getting further and further behind and obviously bills still had to be paid [most of which were via DD]. I had an overdraft on my account, but this was regularly being eaten into, and on occasions I went slightly over and was being charged £8 a day and between £20 and £25 for them having the 'courtesy' of informing me. Each month my wage had a big chunk taken out of it to clear the charges and it became a never ending circle.

 

In December 02 I finally had to leave my full time job due to having no childcare [the company wouldn't allow me to work part time] and this took me further into debt. I found a part time job in March 03, but the 3 mths without a wage coming in meant that I was practically always into my overdraft [family helped out when they could] and it's obvious that if the charges hadn't been as high I wouldn't have got into such a spirelling debt. [Thankfully, the debts are steadily going down now!]

 

I posted the DPA Disclosure Request letter first class yesterday, so hopefully I'll hear something fairly soon. I'll keep you posted.

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Advice & opinions given by pjdudley69 are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional. Also visit legal seagulls for more friendly help and advice.

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In December 02 I finally had to leave my full time job due to having no childcare [the company wouldn't allow me to work part time] and this took me further into debt.

 

Going off-topic here, but have you considered going after your previous employer? I don't know what your situation is (how long employed, age of children, etc), but the law was changed couple of yrs ago to help parents who needed more flexibility in their working hours, and employers are expected to have a good reason to say no, so you might want to look into that as well. Let me know by pm if you need some pointers.

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Going off-topic here, but have you considered going after your previous employer? I don't know what your situation is (how long employed, age of children, etc), but the law was changed couple of yrs ago to help parents who needed more flexibility in their working hours, and employers are expected to have a good reason to say no, so you might want to look into that as well. Let me know by pm if you need some pointers.

 

I left in Dec 2002 [my sons were 2yrs & 6yrs at the time] after working there for about 18mths. They gave the reason of not being able to afford to pay 2 part-timers [tax & NI - though I didn't quite get how this would be more expensive!].

 

Anyway, my immediate supervisor started being really off with me after that [when she realised I was going to look for a part time position anyway] and with it being a really stressful time personally, I couldn't take it at work too, so I didn't really leave on the best of terms [lets just say I told her where to shove her job!]. I was just glad to get out of it - going after them was the last thing on my mind.

 

It was a nice thought though Bookworm, just to see the look on my ex-supervisors face lol

Advice & opinions given by pjdudley69 are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional. Also visit legal seagulls for more friendly help and advice.

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I've just come across a 'debit under advice' charge of £6.50 on one of the statements I still have. Can anyone tell me what this means please?

 

Thanks

Advice & opinions given by pjdudley69 are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional. Also visit legal seagulls for more friendly help and advice.

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Ask the Bank

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I've just received the following letter from the bank today [pretty quickly too, I thought].

 

"We refer to your letter received at this office today requesting a Data Protection Disclosure regarding your account.

 

We are happy to provide you with this information but we require £10.00 fee in advance.

 

Alternatively you have requested Bank statements for the period. As we have already provided you with statements should you wish to request duplicates there is a £5.00 per statement charge which we would also require in advance.

 

We await your response."

 

 

I've no problems paying the £10 [my fault, I forgot to send it in the first place], but what information would be supplied in the DPC - would it have all the relevant information regarding charges [i read the FAQs [424hjfg34] but couldn't find anything on this.

 

I can't afford to pay £5 per statement as I get them monthly [for some reason??] and I need about 5 years worth!

 

cheers

Advice & opinions given by pjdudley69 are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional. Also visit legal seagulls for more friendly help and advice.

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The DPA requests details of transactions and charges - these will be enough

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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Thanks Richard. I'll post the cheque tomorrow and enclose another copy of the DPA request letter for their reference [in case they should have lost my previous copy lol]

Advice & opinions given by pjdudley69 are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional. Also visit legal seagulls for more friendly help and advice.

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Can anyone give me a rough idea how long Yorkshire Bank usually take to respond to these requests? The reason I ask is that I sent my £10 for the DPA request by cheque, and when I checked my internet account it came out on the 17th March, but I still haven't received anything. [Typical, I guess, that they keep me waiting whilst their gaining interest on my money lol]

 

Thanks

 

Pam

Advice & opinions given by pjdudley69 are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional. Also visit legal seagulls for more friendly help and advice.

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They have 40 days from the receipt of your cheque to comply with DPA request. Please read FAQs.

 

Patience. Your time will come.

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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Sorry Richard :oops: it's just that when I'm on a roll it's hard to be patient!

 

Consider my wrists slapped :oops:

Advice & opinions given by pjdudley69 are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional. Also visit legal seagulls for more friendly help and advice.

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I requested data held by Yorkshire Bank did not mention statements and included £10 cheque. They replied saying statements not covered by DP request wanted £5 per copy and returned my cheque.

I then asked for charges to be refunded by personal cheque within 14 days or full copy of all charges with the intent to initiate court action.Reply gave expected "customer aware of banks charging policy" excuse but no charges information.

Yorkshire Bank has done me a favour will now get extra 8% from court action that I will now begin!!

 

Wish me luck!!!

 

Geoff

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Didn't you receive any info at all re the charges from them? If they don't send the info I'm buggered cos I won't have a clue what they owe me as I only have statements going back a year, and my charges where mainly in 2002/03!

Advice & opinions given by pjdudley69 are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional. Also visit legal seagulls for more friendly help and advice.

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  • 3 weeks later...

I received the following letter from Clysedale Bank today [always had things on Yorkshire Bank letterhead up until this]

 

DATA PROTECTION ACT 1998

 

I refer to your letter to xxx Branch requesting information held by the Bank under the terms of the Data Protection Act and note that you have paid the £10 fee.

 

Within the terms of the Act we have 40 days in which to provide you with the information we hold. I will forward the information to you as soon as possible.

 

Fiona Hutton

Network Support

 

Am I right in believing that they have 40 days from the time my cheque was received [which was cashed on 17 April so I'll work from this date], or from when Network Support at Clysedale received the details? I've got 27 April marked in my diary as the 40 days being up.

Advice & opinions given by pjdudley69 are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional. Also visit legal seagulls for more friendly help and advice.

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PJDudley - would you do me an enormous favour & tell me how you managed to get them to agree to send you the details.!?

 

I've been battling for over a month (my own stupid fault for not sending in the fee with my 1st letter - lesson learned!) and all I'm getting is the same line:

 

We'll provide you with details up until July 05 for the £10 fee, all details after that are subject to a charge of £5 a month.

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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PJDudley - would you do me an enormous favour & tell me how you managed to get them to agree to send you the details.!?

 

Report them to the Information Commissioner!

 

We had to take this step and ask the Commissioner to intervene, as Yorkshire refused point blank each time. They later backed down when the Commissioner got in touch with them, and the statements arrived through the mail! It took a while for all this to happen but it's worth the wait.

 

Good luck.

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PJDudley - would you do me an enormous favour & tell me how you managed to get them to agree to send you the details.!?

 

I've been battling for over a month (my own stupid fault for not sending in the fee with my 1st letter - lesson learned!) and all I'm getting is the same line:

 

We'll provide you with details up until July 05 for the £10 fee, all details after that are subject to a charge of £5 a month.

 

All I did was send the DPA letter from the Library. I did originally forget to send the £10, but when they wrote to me saying they'd need this, or £5 per each statement, I just sent another letter enclosing the cheque, and a copy of the original DPA letter.

 

Hope you get your details soon. I'd report them to the IC though, if they refuse.

Advice & opinions given by pjdudley69 are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional. Also visit legal seagulls for more friendly help and advice.

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After receiving the letter from Fiona Hutton, I decided to send a reminder yesterday, letting her know that they only have until next Thursday to respond. This morning though, I've received a batch of copy statements. Only problem is, they are copies of ones I've still got, and only going back to August 2005. From reading Jmio's thread, it appears that they are only giving out info going back to July 2005.

 

My problem is that the majority of my charges [save £20] were before then, so where do I go from here to find out what they were?

 

Any help would be much appreciated.

 

Thanks

Advice & opinions given by pjdudley69 are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional. Also visit legal seagulls for more friendly help and advice.

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I've just phoned Network Support, asking to speak to Fiona Hutton, re only receiving statements from August 05. Fiona doesn't work Thursdays or Fridays, but spoke to a nice lady called Aileen who was quite helpful.

 

She said that Clydesdale info only goes back to July 05, but I should have received all the info I requested [going back to March 2000] from Yorkshire Bank. She said she will chase it up and I will receive the info in due course.

 

I did remind her that the 40 days in which to comply where up next Thursday, and she said it might take a bit longer to gather the info, but I told her it was fine as long as I get the required data - after all, they'll be paying the interest on it lol

Advice & opinions given by pjdudley69 are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional. Also visit legal seagulls for more friendly help and advice.

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My problem is that the majority of my charges [save £20] were before then, so where do I go from here to find out what they were?

 

It's unlikely that they will supply you with any further information now so, as I mentioned earlier, I believe that the only way for you now is to report them to the Information Commissioner.

 

We had to report them a couple of months ago as they refused twice to supply even a breakdown of charges, let alone copy statements. The Information Commissioner intervened and the statements followed soon after.

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Update - I received a phone call at 3.40pm from James at my branch. He explained that when I submitted my DPA request it was sent to 2 different depts because the style of the statement had changed [round about last July]. The 'new style' dept sent the statements directly to me, and the 'old style' dept had sent them to the branch, which James received today.

 

I've just been to pick them all up [5 years worth!], so I can start with the highlighters now - if I start now, I might get it done by the end of the month lol

Advice & opinions given by pjdudley69 are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional. Also visit legal seagulls for more friendly help and advice.

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Charges all added up and amounting to £498 + £19.91 interest on these charges. My prelim letter for refund is all ready to go recorded delivery tomorrow morning.

Advice & opinions given by pjdudley69 are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional. Also visit legal seagulls for more friendly help and advice.

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