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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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LYNZFA vs NATWEST **WON**


lynzfa
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How long have you been waiting?

 

The companies you have approached (I presume it is three?) have 40 days from receipt of your payment in which to comply. Some do need gentle reminders however and if you look here

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

you will find the templates that you can use for this.

 

Did you send your cheques via recorded delivery or have you got proof of postage?

 

Perhaps you could detail who you are claiming from and which address you used for the DPA requests.

 

However, I notice that you already know roughly what the charges are, so yes, if you are confident that you can compile a claim then you do not need to wait. If you miscalculated, you can always add to your claim in any case.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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Ok, here is the address for NatWest.

 

National Westminster Bank Plc

135 Bishopsgate

London

EC2M 3UR

 

 

Do you recall (or did you make a note) of when they said they have received your third cheque? The point is, you sent it, if they have not cashed it that is hardly your concern.

 

If the 40 day deadline has expired (from when they confirmed receipt of your cheque) then send them the third letter from this page.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

 

Regarding court proceedings, if you have your statements, or a good idea of what your charges are then you can proceed with the first letter. You can find that here.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-letter-preliminary-approach-repayment.html

 

You can send both letters at once, they go to different departments within the bank in any case.

 

Regarding recorded delivery, it's value is questionable. If you request proof of postage from the Post Office this will be sufficient should Nat West continue to claim that they have not recieved your letters.

 

It is important now that you stick to your timetable, if you give them 14 days for example, then write again on the 15th day and move to the next stage. They rely on the fact that many people will give up or not follow through with court action.

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iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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What's the "Gentle reminder" you speak of?

 

Its here

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

and consists of three letters depending on how far into your 40 day wait you are or if you are over the 40 days then the final letter is a letter before action for non-compliance with the Data Protection Act.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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Hi :)

 

Know how you feel...

 

This is madness and a waste of our time. Call CS department on 0845 6052605 and just asked for last 6 yrs statments and they will send them in the post within a week for a fee of £5.00.

 

See my thread...

http://www.consumeractiongroup.co.uk/forum/natwest-bank/9463-well-here-goes-2.html

 

It worked. Now I have 3 full copies! My account was debited £5 the day after making the call. As for recorded delivery Snatchwest are not signing for them, amazing but true, but proof of posting is the start of your 40 day count down - if you have it.

 

Good luck

 

This is all very well but not everybody making claims still banks with them, how would you propose I get copy statements for example, given that I closed my account in 2002?

 

Madness it may be, but it works.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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Hi

 

Now you sit and wait. (But not for too long!)

 

If the claim is filed then they have 14 days to file their "Acknowledgment of Service" which they will probably do. That then gives them another 14 days in order to file a defence, admit the claim, pay the claim or admit part of the claim.

 

I would suggest you read the Nat West threads and see how others have got on. Nat West will pay you, but be prepared for a battle.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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  • 4 months later...
  • 2 weeks later...

I got a letter from Cobbetts a week before yours, offering me 50% which I duly accepted as part payment only and I have yet to hear anything else either.

 

Try not to worry about it - they will be in touch.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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