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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
      • 162 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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DPA letter sent so let's see what they come back to me with


barriejohn69
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I've sent the DPA request rather than the phonecall to request statements on Friday so I will keep everyone posted on my progress. I'm not holding out much hope of receiving anything other than the letters that everyone else has received but who knows.

 

To be continued ................

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You will get a standard reply - just be patient and follow step by step guide

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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£10 should get you everything including bank statements. You should point this out to them. They are telling you porkies.

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Just sent another letter with the cheque reminding her of her fiduciary duty and basically that she was a bit in the wrong. I did want to tell her to have a look at the site to brush up on her knowledge but resisted.

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  • 2 weeks later...

Received my statements from NW quite quickly to be honest. Strangely they gave me two copies of the first handfull of statements. I have calculated the charges etc and it is around £250. In some ways I'm disappointed as I was looking forward to a possible windfall but in other ways it shows that I was possibly better at managing my money than I thought.

 

Either way, my next letter is ready to go.

 

Also, I contacted the ASA about the "direct line to branch" advert. They said that some smaller branches put you through to an automated service which was what mine did. Even though mine is the main city centre branch !

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Right, had the standard letter back saying that they see the charges as fair and against the background blah blah blah. Is the next step to go through the courts? I have signed up to the moneyclaim website so if this is the next step I'll be on it tonight. Also, do I have to wait the remainder of the 14 Days I allowed for a reply before I commence the next step?

 

Thanks in advance

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Did you actually get a DPA and did they charge for it? I'm only asking as a lot of people are requesting a DPA and just getting statements and no details of any manual intervention (or statement to say there wasn't any) as requested in the DPA. I only ask as details of manual intervention seen rather important as this is the detail Natwest used in Court when they won.

Ex CAG helper ^_^

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This is the thing, they have not taken the £10 and just sent the statements. Should i send them a gentle reminder about my DPA request or just wait until the 40 days is up. It was only when I saw this on the forum that it twigged about the £10 and manual intervention. Any thoughts on whether to wait or to go for the courts?

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I sent this letter and will be writing again soon as I still haven't had my cheque cashed:

 

Dear Ms Tudor

 

Re: Data Protection Act 1998 SAR for Account *******

 

I write to you with regards to your letter dated 10th March 2006 in response to my Disclosure Request under the Data Protection Act.

 

I will require a Full Subject Access Request and enclose authorisation from Mr ******* for you to proceed and provide the details requested in my letter dated 9th March 2006.

 

I would also like to remind you that you do have a fiduciary duty towards me under which you are obliged to exercise the utmost care in the accuracy of the complete list of transactions and charges I requested in my previous letter relating to my bank account for the past 6 years.

 

This is to include any event in my account history over this period which has required manual intervention by any member of staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply data relating to manual intervention because there has been no such manual intervention then please confirm this in your response to this request.

 

I have enclosed a cheque for £10 for the full SAR and would like to remind you that you have 40 days in which to comply.

 

Yours sincerely

Ex CAG helper ^_^

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I sent that one, then they sent me the statements. After this I sent the "please give me back my money or else" letter and today received the "against this background". The thing is I don't want to get ahead of myself. I'm probably better waiting the 40 days and seeing if I get the DPA info. Is it 40 days from when I sent the cheque or 40 days from when it clears? If it is the latter then they will just hold onto it knowing them.

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Just read your thread. I think I'll give her a ring and bug her for a bit. See if between us all we can get some joy from Joyce. I think I'll just wait 40 days from when I sent the cheque then complain and then sue the swines

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Cool, its so annoying thought cos I have the exact figure and could really send the prelim letter but have been advised to wait and see what the actual DPA says.......................... I'm so impatient!

Ex CAG helper ^_^

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Glad you got the DPA info. Not intending to hi-jack your thread at all but Nat West are WAY past the 40 days on my statements and still nothing - even though they have written to me twice saying they are chasing my request!

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I'm probably asking the same question here, but if the DPA 40 days starts from the cashing of the cheque, what's a reasonable time to wait for them to cash the cheque? It's been about 3 weeks now.

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Just had another letter off the lovely Joyce asking for authorisation from my wife to issue the DPA and to say that they had received my cheque. I sent the letter and cheque on March 16th so do I have to start my 40 days again from now or carry on from when I sent the cheque? My account was only made a joint account in September last year so surely they can give me the DPA info up until then without authorisation, then the remainder when I send the letter tonight.

 

All in all just wondering when I have to start my 40 days from.

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  • 4 weeks later...

Finally got the DPA information today, going to go through it tonight then go on the moneyclaim website. I'm assuming the website is idiot proof. I have registered on it but left it at that as I was waiting for the DPA info. It's only £250ish that I'm claiming for but it will come in handy. I'll keep you all updated.

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  • 12 years later...

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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