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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
      • 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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Hubby v Old RBS Advanta, now MINT


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Hubby had an old RBS Advanta Card, which is being paid off at a set amount each month. The balance is minimal, just about £300, so I thought I'd send off a CCA to see if they still had the details. I was opened in Feb 1999. I sent the letter on 11 April by recorded delivery and it was showing as delivered on 18 April.

 

This is the response from Mint, dated 27 April, I've typed it exactly as it was written, so any wrong word endings/tenses are as per their letter:

 

 

Thank you for your letter dated 11 April 2007, which was received in this office on 27 April 2007.

 

Your request for documents contains some misconceptions about your entitlement to information in a specified form and our obligations to supply that information. So that there are no misunderstanding here we will set the record straight on the format of the inforamtion was are obliged to provide you.

 

Your written request for information made was under s78(1) of the Consumer Credit Act must be accompanied by payment of a fee of £1. We are obliged to provide you with a "true" copy of the credit agreement and a statement of financial information relating to the account, namely, the state of the account, amount currently due, with amounts and due dates of future payments that still require to be made. In terms of CCA copy document regulations, the "true" copy requirement can be satisfied by providing a copy agreement at the date the card agreement was made and providing that pus a copy of the current terms of the card agreement. We are not insisting on payment of the £1 (my £1 payment was returned with this letter) and enclose the s78(1) information.

 

Our records show that there is still a balance outstanding on the above account. As you are aware, your account is currently being managed by Mint credit cards. Therefore, you should contact them directly to obtained details of your requirement payments to settle your account. They can be contacted on 0845 300 5109.

 

I trust this above clarifies matters for you. Should you have any further queries, please contact me on ........................

 

What they sent was a copy of the application form. It was obviously from a mail-shot as his name and address details were pre-printed on the form, he then had to choose the card design and fill in other details.

 

The signature box at the bottom, states that "This is a Credit Agreement regulatedby the Consumer Credit Act 1974. Sign it only if you want to be legally bound by its terms".

 

It has a date stamp from RBS of 11 Feb 1999 together with a scrawled signature, although this is unreadable.

 

Also is a computer generated copy of "Credit Card Agreement regulated by the Consumer Credit Act 1974". It has husband's name and address on the top, together with account number and credit limit. It also states on the top IMPORTANT: THE INFORMATION CONTAINED IN THIS COPY OF YOUR AGREEMENT IS CORRECT AS AT YOUR LAST STATEMENT DATE.

 

Just thought I'd let you know what I got back from RBS / Mint.

 

Any comments anyone ????????

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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I'm sure they have to provide you with a 'true SIGNED copy' of the actual contract YOU signed, not just some random copy with T&C attached.

 

I would post in the general debt forum for more detailed info on this, but this thread might be of use if you havent alrteady seen it http://www.consumeractiongroup.co.uk/forum/general-debt/83035-guidelines-requests-original-agreement.html. Plus I was reading this thread yesterday and it also seems quite useful http://www.consumeractiongroup.co.uk/forum/general-debt/84285-ccas-dave-against-world.html.

 

Please don't forget to click my scales if this has helped.

 

Phil

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That's what I thought too Hydra!!

 

I still cannot work out what is where in your photo under your name???

I'd best not try to do it though --- would do myself an injury:D

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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  • 2 weeks later...

Update, as they provided an application form, with the Credit Agreement / CCA bumpf on the bottom, I've decided to send and SAR to Mint, for both accounts, to see if there are any charges to be refunded (I'm sure there will be :D)

 

They'll all be well over the 6 years, but (if I get any statements back), I could always go down the concealment route!!!

 

SAR in the post today -- tickety tock, tickety tock!!!!!

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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  • 3 weeks later...

I received a reponse to my SAR in the post this morning. It's a two liner, please find enclosed a breakdown of the charges applied to your account(s) as requested. I trust this is of assistance to you.

 

Then, one sheet of A4 for each account, showing fees from Jan 01 to present. There aren't any fees :mad: , but surely they need to provide a bit more info than that for a full SAR.

 

I did ask in the SAR -- "a complete list of transactions and charges relating to my banking history with your organisation, from the opening of the accounts to the present day".

 

It just seems not good value for money what they've sent:rolleyes: !!!! Do they do that to everyone??

 

There is a fax number on the letterhead, so I may write to them, stating this information is not sufficient and to forward to me all information held.

 

Any ideas anyone???

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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  • 1 month later...

Update, I've now received a complete response to the SAR. No charges to be reclaimed on this one :(

 

However, what they did send was a copy of a letter from payplan containing not only my name, address and payment details to them, but also that of 15 other people!!!

 

Now how's that for a breach of data protection!!

 

I'm going to write a strongly worded letter to them. If they've sent that to me, how many other people's details have they got floating around all over the country???

 

Any comments or thoughts anyone??

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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Have faxed off a letter to MINT stating how they've seriously breached data protection and requesting a response before I decide how to proceed with this breach!

 

If I have this information, I wonder how many people may have my information!!!

 

When you call you have to go around the houses and answer all sorts of security questions just to find out your own information!! They've just given 15 lots of info away to me!!!!

 

Their response should be interesting!!

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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Have received a letter back from MINT .... very sorry, info shouldn't have been sent ..... blah blah .... gesture of goodwill £30 credit to account ....

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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