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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.

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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.
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      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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Burtons have failed on SAR


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I sent off a request for my SAR on the 11th December by recorded delivery which was delivered on the 13th December.

 

I have since failed to receive anything from Burtons.

I have phoned them up, however they state its GE Money I need to speak with.

 

Has anyone else had a similar problem?

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Did you send the letter to the address shown on your statements? Did they cash the £10?

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Hiya,

 

I sent it to

 

Data Protection Department

GE Capital Bank

PO Box 700

LS99 2BD

 

Ive just checked through my statement, and ive had a few cheques cashed, but not sure if they have cashed it as I applied ofr a lot of S.A.R - (Subject Access Request)'s at the same time.

 

Royal Mail shows it as being delivered and a signature as well - although unable to makeout the name on the signature.

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In which case, I would send the LBA to the address you sent your SAR to - they have 14 days to comply or you will start legal proceedings and report them to the ICO.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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How spooky is that! My SAR arrived this morning!

 

Ive had a look though and have charges of £72.

 

Quite worrying is the amount of missing statements!

 

May 2004

July 2004

August 2004

September 2004

October 2004

November 2004

December 2004

January 2005

April 2005

October 2005

November 2005

December 2005

January 2006

Augsut 2006

September 2006

November 2006

December 2006

January 2007

February 2007

 

"This is due to a system issues and the data us no longer available to us"

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How spooky is that! My S.A.R - (Subject Access Request) arrived this morning!

 

Ive had a look though and have charges of £72.

 

Quite worrying is the amount of missing statements!

 

May 2004

July 2004

August 2004

September 2004

October 2004

November 2004

December 2004

January 2005

April 2005

October 2005

November 2005

December 2005

January 2006

Augsut 2006

September 2006

November 2006

December 2006

January 2007

February 2007

 

"This is due to a system issues and the data us no longer available to us"

 

Who would like to bet that shall we say some charges are missing.

 

I think a LBA is required that may get them to produce more data also I would report this to ICO if they do not comply

 

dpick:)

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Heres a copy of the letter I received from them

 

burton.jpg

 

I dont really think a LBA will gain any more information going by their above letter.

 

I still cant believe they can lose so much information. Its not as if its just one year, but statements from every single year. How on earth do they file their paperwork?!

 

Not to sure what to do in relation to charges. On the statements they have provided it comes back as £72. Im alos claiming back PPI as I didnt realise at the time I had it and had to cancel it later into the contract.

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That letter is a load of rubbish as a retired computer programmer I say that any company as big as GE would have a computerised system to take backups every night with monthly and yearly off-site backups as a minimum. To say they are unable to retrieve your data is rubbish they are in default on your S.A.R - (Subject Access Request) I would do one of two things send them LBA or report to Information Commissioners Office.

It would be a simple matter to restore a monthly or yearly backup then if they do not have your data they are in it with Information Commissioners Office

 

I would think about taking them to court over charges and ask the court to award damages for charges that you cannot establish due to GE not supplying the data for the above months.

 

all the best dpick

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You can also estimate the charges on a pro rata basis on the missing statements based on the ones you do have.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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UNfortunately, if you look on the threads, you will find that this almost always happens with GE Money - they are a complete shambles. You have various choices - you can send a DPA non-compliance letter but, if they haven't got them, they haven't got them. Secondly, you could make an educated (reasonable) estimate of the charges on the missing statements. For example, you have June 2004 which could lead to an intelligent gues for MAy 2004 and July 2004, and so on. In your letter claiming the charges back, tell them that is what you have done and how you made the estimate. We did this and they paid up on the estimated charges.

 

 

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  • 5 months later...

Im about to post my S.A.R. off regarding my Burtons Card. They are about to commence legal proceedings for £400 against me but I know, my charges would total about that amount. Its ridiculous.

 

Im sending it to:

 

Sarah Wainwright

Data Protection Administration

GE Money

PO Box 700

Leeds

LS99 2BD

 

Fingers crossed I dont have the same bad luck and they have my records. They most do if they know how much I owe them!

MY CLAIM STATUS

FIRST TRUST BANK - Small Claims Court Case Filed

ALLIANCE & LEICESTER BANK - Preliminary Letter Sent

CO-OPERATIVE CREDIT CARD - S.A.R - (Subject Access Request) Letter Sent

MINT CREDIT CARD - SAR Letter Sent

CITI CREDIT CARD - SAR Letter Sent

CAPITALONE CREDIT CARD - SAR Letter Sent

VIRGIN CREDIT CARD - SAR Letter Sent

GE MONEY STORE CARD - SAR Letter Sent

 

No more Mr Nice Guy!!! :D

 

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