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    • You should start putting everything in writing. Even the ombudsman, to begin a serious complaint by telephone is quite frankly crazy. I hope you have taken a copy of at least the advertisement that you have posted above.  I don't suppose that you kept a copy of the original AutoTrader advertisement.  How much in writing have you got of anything? I would suggest also that you telephone the ombudsman tomorrow and ask them for details of the complaint that they have received from you and tell them that you want it in writing.  You will be amazed how scant The records of which are kept by these people. Read our customer services guide and at least actually give you some idea of how you should deal with customer service people or any call handlers on the telephone.  It is very important that you get a written summary of the report which you made to the ombudsman so that you can see exactly what they are investigating. The complaint to the ombudsman should have been very carefully considered over a period of time rather than simply made in a phone call
    • Funnily enough the ad is still available online Range Rover 4.4 SDV8 Autobiography LWB Previously Sold | Clinkard Performance Cars WWW.CLINKARDCARS.CO.UK Performance, Prestigious and Specialist cars Dealers in Romsey, Hampshire but the autotrader version isn't which was probably slightly different potentially with more information. Reported to FOS over the phone but essentially gave them the same information I've stated here, updating them that I'm paying for a car I haven't had for nearly a month now etc I'll certainly come back with an update. Fingers crossed they will realise it's not worth taking to court. So the inspection among other things found a hairline crack across a load bearing section of the chasis which at the minute to the naked eye looks tiny but could turn out to be catastrophic and has had some filler chucked on top of it but we'll see what Clinkards inspection comes back with. Distance wise I believe they're around 165-170 miles away from me. Also I'm sure many people will have PCP agreements as it's the most common way to buy cars under 5 years old but they just forgotten the terminology or name for it. Pay deposit, choose a length then pay the difference between value today and guaranteed future value at the end of that agreed term   Whole experience has scarred me and moving forward I'd be tempted to pay for a pre purchase inspection myself because these guys are bigggg traders with a lot of top end cars. I just hope they don't make any more silly offers
    • Strange final response. They say that they are still investigating but they are giving you their final response anyway. Seems like a load of nonsense. Have you got a copy of what you then sent to the ombudsman? Anyway, for the moment although would like to know – it really is all for curiosity because as you have put it into the hands of the ombudsman it's probably not worth doing anything more until you have a reply. I would suggest that when you decide to spend this kind of money in future on a used car, that you understand exactly what your rights are before you make the purchase. When you buy anything – and maybe especially used car you should realise that you aren't only paying for the car, you are also paying for a bundle of consumer obligations which are intended to bind the dealer. You are paying for a vehicle which is of satisfactory quality and remains that way for a reasonable period of time and you are paying for any defects which emerge to be addressed and repaired at the expense of the dealer. We've already pointed out that by purchasing the warranty, they have effectively persuaded you to pay for something for which you have already paid. Very decent of you not to want to cause trouble in respect of defects which manifested themselves within the first few weeks. I have no idea why. For £78,000…. This you say that they were age-related problems – that is still no reason why those defects should have been there or why the dealer should not have been responsible for them. It seems to me that you have a clear case against the dealer/the finance company. We don't have many or any PCP purchases on this forum. However, it seems to me that the finance company is probably responsible for the condition of the vehicle because effectively you have bought it from them and to that extent it should be the same as HP. With a hire purchase agreement, it is as if you bought the vehicle directly from the finance company not from the dealer and it is the finance company which bears all the consumer obligations. I think the only thing you can do is to monitor the situation. Update us when you hear from the financial ombudsman and if you need to take the matter to court then we will help you. In principle it should be straightforward – but certainly there is a risk of a serious bill for costs if you lose. I don't see you losing. Did you say somewhere that the report suggested that the vehicle was unroadworthy? Have you got the advertisement for the vehicle? Does it make claims for the vehicle which are clearly untrue? And by the way, four hours away from you is what kind of distance? Have you read our used car guide? Have you looked at the video?
    • there's one in this thread.. i wonder if its the same, they seem to be identical regardless each time we have a thread with one Vehicle Control Services Privacy Notice, Brooke Retail Car Park, HA4 0LN - Private Land Parking Enforcement - Consumer Action Group  
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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 
      • 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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Debt Mountain's Missus Versus Halifax Bank Account.***WON***


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As you have a few claims on the go now, you should read as much as you can on the threads, and the step by step guide so you know each stage as you get to it.

It really makes things a lot easier for you in the long run. ;)

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  • 3 weeks later...

Got the bank statements through. They stated in the accompanying letter that they weren't required to keep information about manual intervention. Is this true? Also, after I made a subsequent phone call I was told that they didn't have to send through anything they had on paper, only what they had on computer. Is this true? They did go on to state that 'most' of their information was transferred on to computer anyway, but wouldn't state that was the case for 'all' the information they held on a person. I want everything i'm legally entitled to and don't want to be fobbed off. I do have my reasons for the record.

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They stated in the accompanying letter that they weren't required to keep information about manual intervention.

That's because there isn't any - it's all automated.
after I made a subsequent phone call I was told that they didn't have to send through anything they had on paper, only what they had on computer. Is this true?
No. It just needs to be in a relevant filing system and be your personal data, whether it's in paper format or is on a computer is irrelevant.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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The Information Commissioners Office outlines what is exempt information:

Sometimes data controllers are not obliged to observe all your rights. This is because exemptions apply in different circumstances.

Exemptions apply to:

  • Personal, family and household use of your information
  • Safeguarding national security
  • Information available to the public by law
  • Use of your information for the purposes of journalism, literature or art
  • The prevention and detection of crime and the apprehension or prosecution of offenders
  • The assessment or collection of taxes
  • Regulatory activity designed to protect the public and other bodies such as charities against, for example, financial loss due to dishonesty or malpractice by those involved in financial services or seriously improper conduct by professional people
  • Use of your information for research, historical or statistical purposes
  • Disclosures required by law or order of a court or where it is necessary to disclose your information in connection with legal proceedings, to obtain legal advice or is otherwise necessary to establish, exercise or defend legal rights
  • Confidential references given by an organisation
  • Records showing the intentions of organisations in relation to negotiations with you
  • Management forecasting
  • Examination scripts and marks
  • Information covered by legal professional privilege
  • Self-incrimination
  • The combat effectiveness of the armed forces
  • The appointment of Judges, QCs and honours
  • Corporate finance services

There are also special exemptions that apply to some personal information relating to health, education and social work.

 

 

You may notice that paper files are not mentioned.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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A Subject Access Request is EXACTLY what it says on the tin!!!

 

It covers EVERYTHING that is kept under the auspices of a Data Controller, pertaining to the Subject (...U, in other words!), + is eligible to be disclosed to the Subject in accordance with the Data Protection Act 1998...

Data Protection Act 1998 (c. 29)

 

This can include, Bank Transactions, Telephone Recordings, Handwritten Notes, CCTV Footage etc.

 

Further information, which U may find especially useful, can be found via browsing through the following link...

Department for Constitutional Affairs - Data Protection - Data Protection

 

 

...:)

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Well I phoned them again. Direct to the D.P.A. office as well. They reiterated 3 times that the I.C.O. and the F.S.A. fully supported them in the fact that their legal positon was that they 100% didn't have to disclose information on paper. So if they are telling me black is white what do I do know? I got the name of the woman I spoke to and the woman that gave me the original information.

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They are telling you complete nonsense. What data is it that they state is held on paper that they can not give you?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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If there is information that you believe they are withholding from you and you feel strongly about it what you can do is, after the 40 days, send them a Letter Before Action http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html and if they continue to not comply you can seek a court order forcing compliance http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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  • 3 weeks later...

They quoted the Durant case and when I contacted the Information Commissioner's Office they backed up Halifax. I'm not very happy as it seems to give a lot of power to Halifax to decide what is and isn't a 'structured filing system'. Apparently this is currently not being challenged. Hmmm. All statements received by the way and prelim letter just sent.

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Thought you were going for a hat trick!!:rolleyes:

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

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Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

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When I sent the prelim letter for my wife's account I also included some charges for a joint account we had. It was clearly marked as a separate account in the letter with full details. This was correct? We didn't have to make a joint claim on that account?

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Yes you can put in 2 claims together, as long as it is clearly stated the account numbers are different.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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  • 4 weeks later...

I foolishly didn't send my prelim letter recorded delivery. I rang them after not hearing anything and they said they had no record of it. I sent another prelim letter recorded delivery and they wrote back basically telling me to go away. They didn't say they would make enquiries or anything. As I have had this negative response from them do I still need to wait for the 14 days to elapse before sending my L.B.A. or shall I just send it now?

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It is very rare you do get a response at this stage, so dont bother waiting for them to respond and stick to your timescales, and continue with your claim. :D

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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It is very rare you do get a response at this stage, so dont bother waiting for them to respond...
???...SSL, the OP last Posted that they HAD received a negative response from Halifax BEFORE the given 14 days were up + both **Tilly** + myself Posted accordingly!...:rolleyes::p

 

 

...:)

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On the data protection issue I threatened Halifax that if they didn't willingly provide me with a transcript or recording of a phone call between us I would force them to hand it over with a SAR. They wrote back and amongst the other rubbish the letter contained this paragraph:

 

'Telephone records are not kept for more than two months, and not all of our calls are recorded. Due to the vast amount of data that a voice recording represents, we are not in a position to store calls for longer than this.'

 

If I can get hold of this recording I will have them over a barrel. The call took place in August 2006. They caused me a lot of trouble. If I get hold of this call I can sue them. Am I stuck here?

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I foolishly didn't send my prelim letter recorded delivery. I rang them after not hearing anything and they said they had no record of it. I sent another prelim letter recorded delivery and they wrote back basically telling me to go away. They didn't say they would make enquiries or anything. As I have had this negative response from them do I still need to wait for the 14 days to elapse before sending my L.B.A. or shall I just send it now?

 

 

Hi

 

The 14 days you gave them was too responded with the information you require they have responded within the time basically telling you to go away.

 

Next move LBA in ASAP

Best Regards<br />

<br />

Clarkey1<br />

<br />

<b><font color="red"><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" /> <u>If I have helped then please click on the scales</u> </font></b><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" />

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TOTALLY WRONG!!!

 

U would appear to be extremely ignorant of CPR Protocols which MAY end up with a Claim being Struck Out/Stayed/Costs awarded against the Claimant...:x

PRACTICE DIRECTION – PROTOCOLS -

 

 

 

There is no need to SHOUT, or call me ignorant,

With respect I have received chargers back from

5 Credit cards,

1 PPP full refund

4 Halifax bank and 2 more in progress so I think I know what I am doing!

When you send your prim letter you are requesting a time scale for there reply that you are satisfied with, if after 1 day there reply saying No chance then you can proceed with your next move as they have responded and advised you have not got a chance!

In my opinion I would stop hanging on and get it in there and bring it to a swift end because we all know the outcome will be from one letter to the next.

Best Regards<br />

<br />

Clarkey1<br />

<br />

<b><font color="red"><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" /> <u>If I have helped then please click on the scales</u> </font></b><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" />

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