Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


  • Tweets

  • Posts

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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
        • Like
      BankFodder

      Picked By

      BankFodder,
    View All
Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Got my sar docs back ! what next ?

shammy36
 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5861 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

hellhasnofury

hellhasnofury

Posted
Posted
Morning All,

Have sent of my first claim for charges and ppi for one of my credit cards(after a lot of help from HHNF!) but the other two have not complied with my S.A.R - (Subject Access Request).

I have sent both of these companies a letter before action,but i was wondering what the actual process is when you apply to the court to force them to comply,are there any particular forms you need to ask for etc ?

 

Thanks Guys:)

Hello Shammy, have you checked that they received them on the royal mail website and did you send them this non-compliance letter. Did they cash the cheque???????

 

Data Protection Act - Non-Compliance - Template Letters.

 

If you did, then you need to report them to the information Commissioners office and ask them for assistance.

 

Have a look for the information in the statutory links in the main page of the forum. There is a complaints form that you can download.

 

Also if it gets to this stage, you can issue court proceeding to get ithe SAR. You will find information regarding this in the bank template letters section on the main page of the forum:grin:

 

Good luck and shout if you need help:-D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

Link to post
Share on other sites
  • Replies 52
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

shammy36

shammy36

Posted
  • Author
Posted

hi hell,

Just checked with royal mail and one has been delivered,but the other one sent to rbs cc on 5/2/08 has been lost and the nice lady said i must now fill in a claim form:mad: but i have already sent off the lba to rbs.

 

To make matters worse i cant find the reciept for the postal order!!!!!!!!

 

HAPPY DAYS!!! :mad:

Link to post
Share on other sites
hellhasnofury

hellhasnofury

Posted
Posted
hi hell,

Just checked with royal mail and one has been delivered,but the other one sent to rbs cc on 5/2/08 has been lost and the nice lady said i must now fill in a claim form:mad: but i have already sent off the lba to rbs.

 

To make matters worse i cant find the reciept for the postal order!!!!!!!!

 

HAPPY DAYS!!! :mad:

 

Hello Shammy,

 

Stop looking for it and it will come to you, works for me;)

 

Well wait and see what they come up with:wink: You can always send another, when you find the receipt for the postal order:)

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

Link to post
Share on other sites
hellhasnofury

hellhasnofury

Posted
Posted
hi hell,

will do............ probably flew out of my pocket when i was trying out my new deluxe wheel !!:grin: :grin:

 

:lol: :lol: :lol:

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

Link to post
Share on other sites
shammy36

shammy36

Posted
  • Author
Posted

Hi Guys

Had a reply from one of my ccards that i sent out an lba,checked on the royal mail site it was delivered on the 25,and the reply was dated the 25.

"Dont those lba letters make these people react like stung whippets" !:lol:

 

The reply says that their enquires are not yet complete(funny that...when they sent me my S.A.R - (Subject Access Request) they said that enclosed was all the infirmation they hold on me) and would be in touch as soon as possible.

 

Should i give them more time,or carry on with the court route ? I must admit iam not feeling very charitable towards these people at the moment after all the grief they have given me:rolleyes:

Link to post
Share on other sites
hellhasnofury

hellhasnofury

Posted
Posted
bump

 

Hello Shammy,

 

Did you send the company a preliminary letter and then a letter before action.

 

It is your call really regarding whether or not to give them a bit more time as long as they don't take the tea and the biscuits. or you can issue legal proceeding against them. This will take time to get your particulars of claim correct.

 

On the one hand you will be seen to be fair and give then a reasonable time to respond, on the other they make not take you seriously. On the other hand (oops thats 3) they may come up with the goods.

 

Your call:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

Link to post
Share on other sites
shammy36

shammy36

Posted
  • Author
Posted

Thanks for the advice Hell,

The missing co-op statements arrived this morning:) so now time to hit them with the i would like my ppi back letter.No reply from tesco rbs ccard after sending them the lba,times up tomorrow.

 

Many thanks Hell,will keep you updated:-D

Link to post
Share on other sites
  • 2 weeks later...
shammy36

shammy36

Posted
  • Author
Posted

Hi All,

Tesco credit card statements arrived today,even after the royal mail said my sar letter had been lost in transit !!!!!.

I did send them a lba just before i found out from the royal mail website that my sar had not arrived(thanks to HHNF for telling me to wait and see what they come up with:) ) I think it just shows that these institutions are in such a mess with the volume of claims flooding in that they have not got a clue whats going on.Can only be good for us :lol:

Link to post
Share on other sites
  • 3 weeks later...
shammy36

shammy36

Posted
  • Author
Posted

Hi Guys,

Bit of an update on my long running ppi/chrges crusade.

 

Had a letter from the co-op regarding my cca request i sent brian carter in feb.The letter is as follows.

 

"Your letter to our agents suggests that the bank is required to provide three seperate documents before you recognise your financial obligation to the bank.Unfortunatly you appear to be quoting US legislation which is not applicable in this country.

 

At this stage i have enclosed statments which represents

periods between April 2003 and March 2008.These statments confirm that you have utilised the account on a regular basis and that you have had the benifit of credit available to you and have made payments to the account manually and by utilising the direct debit facility.

 

I trust that this demonstrates that the debt is accuratly recorded in your name and that statments have been issued to the address that you provided,and that features and facilities of the account have been provided in line with the terms and conditions of the account

 

As such if you fail to make payments we will arrange for the banks debt recovery procedures to be applied blah blah blaaah."

 

Ok,firstly would i be right in thinking that they obviously dont have a valid cca,and also i have already lodged a claim with them for a return of mis sold ppi and charges which puts the account in dispute.

 

Any thoughts on how to reply to the "customer led ethically guided" toe rags would be most appreciated. Thanks Guys:)

Link to post
Share on other sites
hellhasnofury

hellhasnofury

Posted
Posted
Hi Guys,

Bit of an update on my long running ppi/chrges crusade.

 

Had a letter from the co-op regarding my cca request i sent brian carter in feb.The letter is as follows.

 

"Your letter to our agents suggests that the bank is required to provide three seperate documents before you recognise your financial obligation to the bank.Unfortunatly you appear to be quoting US legislation which is not applicable in this country.?????????????????

 

At this stage i have enclosed statments which represents

periods between April 2003 and March 2008.These statments confirm that you have utilised the account on a regular basis and that you have had the benifit of credit available to you and have made payments to the account manually and by utilising the direct debit facility.

 

I trust that this demonstrates that the debt is accuratly recorded in your name and that statments have been issued to the address that you provided,and that features and facilities of the account have been provided in line with the terms and conditions of the account

 

As such if you fail to make payments we will arrange for the banks debt recovery procedures to be applied blah blah blaaah."

 

Ok,firstly would i be right in thinking that they obviously dont have a valid cca,and also i have already lodged a claim with them for a return of mis sold ppi and charges which puts the account in dispute.

 

Any thoughts on how to reply to the "customer led ethically guided" toe rags would be most appreciated. Thanks Guys:)

 

Hello Shammy,

 

What did you put in the letter you send them:o

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

Link to post
Share on other sites
hellhasnofury

hellhasnofury

Posted
Posted
Hi Guys,

Bit of an update on my long running ppi/chrges crusade.

 

Had a letter from the co-op regarding my cca request i sent brian carter in feb.The letter is as follows.

 

"Your letter to our agents suggests that the bank is required to provide three seperate documents before you recognise your financial obligation to the bank.Unfortunatly you appear to be quoting US legislation which is not applicable in this country.

 

At this stage i have enclosed statments which represents

periods between April 2003 and March 2008.These statments confirm that you have utilised the account on a regular basis and that you have had the benifit of credit available to you and have made payments to the account manually and by utilising the direct debit facility.

 

I trust that this demonstrates that the debt is accuratly recorded in your name and that statments have been issued to the address that you provided,and that features and facilities of the account have been provided in line with the terms and conditions of the account

 

As such if you fail to make payments we will arrange for the banks debt recovery procedures to be applied blah blah blaaah."

 

Ok,firstly would i be right in thinking that they obviously dont have a valid cca,and also i have already lodged a claim with them for a return of mis sold ppi and charges which puts the account in dispute.

 

Any thoughts on how to reply to the "customer led ethically guided" toe rags would be most appreciated. Thanks Guys:)

 

Hello Shammy

 

Ok is this their response to your ca request and Brian Carters are their agents. In what respect are BC their agents, are they a DCA???????

 

Can you post up your letter that you sent them please:D So we know how to respond to this

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

Link to post
Share on other sites
hellhasnofury

hellhasnofury

Posted
Posted
HI Hell,

yes brian carter is a dca,but the letter i sent them was a basic cca request from the templates section,unless they are refering to the S.A.R - (Subject Access Request) i sent them but they are both from the templates section

 

 

Hello Shammy,

 

Have you thought how you are going to respond to this rather biazarre letter from them.

 

I am rather fond of a arguement for arguements sake, can't stand when they give riduculous responses and think that they have the last say:-x

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

Link to post
Share on other sites
shammy36

shammy36

Posted
  • Author
Posted

Hi Hell,

Ive been racking my brains on how to word a suitable reply,any ideas ?

I wonder if they have opened a new department for ludicrus replys,you know the old saying if you give a million monkeys a million typewriters eventually one of them might come up with a valid cca:D :D

 

It does sound to me like they have no cca by the gist of the letter though,and i wonder should i state in my reply that the acc is in dispute because i have a claim in for a refund of charges and ppi

Link to post
Share on other sites
alanalana

alanalana

Posted
Posted

Hello Shammy,

do not mean to but in on your thread but I was pleased to see this....

 

"Dont those lba letters make these people react like stung whippets"

 

It is nice to see a response from the people. Sadly my bank ( and I use the terms with reservations ) actually have responded like dead sloths. I am coming up against a solid brick wall with regard to SAR.

 

Good luck with your reclaim

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

Link to post
Share on other sites
hellhasnofury

hellhasnofury

Posted
Posted
Hi Hell,

Ive been racking my brains on how to word a suitable reply,any ideas ?

I wonder if they have opened a new department for ludicrus replys,you know the old saying if you give a million monkeys a million typewriters eventually one of them might come up with a valid cca:D :D

 

It does sound to me like they have no cca by the gist of the letter though,and i wonder should i state in my reply that the acc is in dispute because i have a claim in for a refund of charges and ppi

 

Hello Shammy,

 

Ok if the Dca have not complied to your request under section 77/79 of the CCA, within the 12 working days they have committed a breach, if this continues for 1 further month they have committed a criminal offence. So the account would be consider in legal dispute after the 12 working days:-D

 

Are the dca owners of the alleged debt or acting on the original lenders instructions;)

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

Link to post
Share on other sites
shammy36

shammy36

Posted
  • Author
Posted

Hi Hell,

After a lot of trawling through my paperwork it was a sar that i sent them on 5/2/08 from a basic template letter on cag.It seems that there are two different depts working on this as they have already complied with my sar weeks ago,then the other day more statements arrived with the letter saying that my request was not valid under uk law from a different dept.What a mess !

 

Regarding the cca request,brian carter are in breach and have gone over the time and have commited an offence. Iam not sure if they own the debt or not,how would i find this out ?

 

Thanks Hell your help is much appreciated :)

Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...