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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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Azazal23/ Natwest


Azazal23
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Do you have a record of the talk with the gimp? date time name etc? Does the bank agree that you called them?

Have you something in writing form the LEA that they lost your details?

has the bank now acted and changed your details?

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OK

write a precise chronology of the events in tabular form

 

Date event she said he said

dated event etc etc

date etc etc

 

Come back here.

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I have to go off to the OFT and won't be able to get back to you maybe for a few days.

 

PM me if I haven't responded by Monday afternoon, please

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Oct/Nov 04 Applied for Grant

 

Jan 05

Was informed by (LEA – Local Educat Authority) my application

was lost, and I had to submit a new one, after enquiring about the length of time it was taking. any writing here?

 

Jan 05

Rang Natwest Customer Services immediately and informed them my account information had been compromised, along with personal information such as copy of passport, birth cert etc.. Requested a change of account number and details. Was told not to worry and if I noticed anything unusual to report it immediately. any writing here? name of operative? Number you called?

 

March/April

Direct debits set up on my account for Ebay 3 in total. By the time I had noticed them, they had already gone out of my account. Cancelled them immediately (have copies of receipts) and informed the teller of what had happened was told just to keep an eye on my account. any writing here? name/location of teller?

 

April 05

I changed all my DD’s and wages from my account to a Nationwide account, nothing left to come in or out of my account. Natwest ac still open?

 

May 05

More DD’s set up 4 of them that’s 7 in total by the lots of charges applied, by the 17 May which is when I received a pre-default notice I was £372.29 OD all charges. Plus more money had been lost because some of the DD where paid when my account was in credit. Total?

 

Wrote another letter again stating this had nothing to do with me and I needed immediate action to be taken to stop these DD being set up, and wanted an investigation as to how they where set up after me informing them that my account had been compromised some 5 months earlier. No reply. You say another letter - so what was the earlier one?

 

June 05

Formal Notice of Intention to file default. I no longer had access to my account; cards were frozen as well as Internet bank.

 

Wrote another letter stating my demands for action to be taken, sent it recorded delivery. date? What did you require?

 

As I was working away most of the summer, did not have much time to chase them around. But had no contact from anyone from Natwest.

 

Sept 05

Made phone call to customer services with regards to my account as I had received a statement telling me I was just over £500 OD all charges. Was told someone would get in touch….well by now you know the story..

 

Oct 05

Phoned again and demanded to speak to someone with a brain, and got a guy called Reece Weaver. He asked me to fax what information I had receipts etc.. where and what psotion does he occupy?

 

Oct 05

Got the standard letter back saying sorry where crap and there looking into things

 

Oct 05

Received letter back saying, after looking into the matter they could not see how the bank was at fault as the original DD were cancelled and more were set up after that date so its down to me. They encouraged me to contact Ebay. This is after me informing him I had nothing to do with setting these up.

 

Oct 05

Sent another letter asking if he had understood anything I had outlined in my letters. Asking to see the DD mandates. No reply..

Nov 05 Got in contact with Customer Service Manager, faxed all information I had and re-iterated the situation

 

Nov 05

Letter back saying charges had applied were correct and I should contact Ebay, still not acknowledging my concerns in the slightest.

 

Was shattered, so gave myself Christmas off

 

Jan 06

Back to work, spoke to the customer lending centre on the 21, 24 and 31 Jan - finally getting somewhere (so I though) got a complaints log number and someone was going to get back to me.

 

Feb 1

Graham Walsh from customer care team contacted me, saying he would look into the matter and get back to me in 10 days.

 

Feb 7

Hurrah – finally some acknowledgement, he had investigated the matter on could not trace the original source of the DD, and encouraged me to go to the police and get a crime ref number so they could investigate more.

 

Feb 8

Went to the cops, who found this rather amusing, the fact that I was reporting a crime that was 12 months old. Could give me a crime ref number because of the length of time and the fact they had no real evidence to go on. But did give me a log number.

 

Feb 9

Contacted Graham Walsh again gave him the log number and he said ok, would now look into it and get back to me.

 

March 3

Still waiting, I am no longer willing to co operate with them just want all my money back and god will some compensation for the stress this has caused.

 

OK, so can anyone suggest the next cause of action

 

 

Send A DPA request from the library modified to require discloure of ALL DATA relating to the use of your account since it was opened. Send it recorded to the people you have been dealing with so far - in other words send more than one copy for the avoidance of doubt.

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You need to get all of the notes of any conversaton which were had in relation to your account.

 

This is why you need compete disclosure not merely of statements

It is not only about charges.

You need to construct a case that the banks were in breach of contract or in breach of their duty of care towards you. As you don't appear to have informed them of the very srious matter in writing but did it verbally, you have a porblem with evidence.

Get a complete disclosure of your account and it might contain information which will help you.

 

Do that, and respond to my questions marked out in brown in my last post and we may try to go forward. It's up to you

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I missed one out, in April i had worte an initial letter to me branch Liverpool University, outlineing my concerns. No reply

 

Have you got copies of this one and also of your other letters and anything from them in reply?

 

Any written acknowledment from the of the problem?

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OK

I'm trying to turn my attention to your problem. Please excuse me as I am really quite sick and my brain is having difficulty working properly.

I am trying to get my train of thought going again.

 

You need to assemble all of the information which you can before proceeding. This means that you will need to send a DPA request to the bank asking for complate disclosure of all information realting to the conduct of your account with them including statements, screen notes and additional file notes and asny other information which is conected to your account to to you as a person.

Send this request off by Special delivery - several banks have been losing DPA requests.

 

You should also get a similar disclosure from the LEA. This means that you must send off a DPA request to them as well but modify it and add "Freedom of Information Act" a well so that the request is a DPA/FoIA request and that gives them 20 days, not 40 days to comply.

Say to them that you want all information relating to your application datedXXX to then and in particular relating to the lost documents which were sent to them on the XXXDATEXXX.

 

Also, can you assemble all of the correspondence which you have sent to or received from the bank about any of this. Make sure that it is in a good orgainsed form and when yo receive the FoIA data from the LEA and the DPA data from the bank, we'll try and make some sense of it all and see what is the best basis for attack.

 

I hope that it goes without saying now that you retain copies of everything you send or receive and notes of any conversation you have about this with names, dates etc etc.

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  • 3 weeks later...

The bank can open a new account within 10 minutes if they want.

You have closed down the account voluntarily after they lead you to believe that this was a necessary first step to opening a new one. I think this is nonsense. It seems to me that the way to have don it would have been to set up a new acocunt and to transfer all of your business to it immedialty and the close your old one. They might even have a mechanism to chane your account number which is all you really wanted.

 

I think that you are being mislead here and that the porblem with opening your new acocunt is not a routine problem but is because it has been blocked by someone - either permanently or until they have completed some investigation. Investigations can take months.

 

Do you have another account to use? Do they have any of your money?

Could you link me to the othread which you have already started on this because we should merge them. It is confusing not to have the whole story in one place.

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I'm not surprised at this story.

 

You sent off a DPA request. What is the status of that now?

I think that yo need the data more than ever now - and there will be much more interesting stuff from the fraud department.

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Did you send the £10? Have you asked for alldata

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  • 2 weeks later...

Well I don't have any faith in the Ombudsman but you may as well start a complain in that direction.

 

You have to get a final reponse letter frm your bank.

 

Write out your comapint to the bank about the way that you have been mislead and that you have been deceived into clsing yuor account.

tell them either to open your account with dfferent numbers as previously requested to to give you a final response so that you can go to the Ombudsman.

 

In a separate letter remind the sternly of the DPA request. Did you send the money? If you haven't then do so.

 

Calcualte the rest of your charges and claim them.

 

If you can point to damage or inconvenience which you have been put to by their deceit you might try and put a claim in on that too - but best to let it go.

 

I think that you'll have to accept that your account is closed. At least get your money back and you'll feel a bit stronger dealing with your next bank.

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Very interesting.

Did you get the name of the person at NW who phoned you?

Did they tell you exactly what was said?

Did they happen to get the name of the person at Natwest who phoned them?

Did you ask them for this information?

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  • 2 weeks later...
its possible, just think its very coinsidental considering the problems im having with Natwest. As i have had no response from them yet, just wondering what there doing in the background..... would the DPA request i have requested disclose any kind of intervention and checks like this

It should do if you have made a full SAR request. When did you make it?

 

Have you made a request from Natinwide also?

I thihk that it would be a good idea and then you may be able to match data or see where somethings might be missing.

 

When did you make your SAR?

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