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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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monkey_uk Vs First Direct ::: Settled IN FULL £2235.50 12/05/06


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Wow well done ....very interesting read....will begin investigating right away. Are there any time limits on how far back the refund charges can be applied for?

 

Take a good look at the FAQ's and around the site in general and you'll get a good feel for the complaints you want to make and the scope of them...

 

The general feel for refund of charges is 6 years back, although there is some discussion around as to whether you could make a case for older charges...

If you have found this post (or any other post) useful ensure you click on the scales in the top right of that post to give credit where credit is due.:D

 

DO YOU HAVE A WEBSITE AND WANT TO PROVIDE A VALUABLE LINK TO THIS FORUM ? Go to this thread:-http://www.consumeractiongroup.co.uk/forum/showthread.php?p=52854

 

As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment.

Seek advice of a qualified, insured, professional if you have any doubts.

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Thanks.....willl keep reading ....this all started from helping my brother on his speeding (failing to give identity) ......one thing leads to another or one link leads to another.....3 days on the computer later.....and i find myself here.

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Thanks.....willl keep reading ....this all started from helping my brother on his speeding (failing to give identity) ......one thing leads to another or one link leads to another.....3 days on the computer later.....and i find myself here.

 

Best of luck with everything

If you have found this post (or any other post) useful ensure you click on the scales in the top right of that post to give credit where credit is due.:D

 

DO YOU HAVE A WEBSITE AND WANT TO PROVIDE A VALUABLE LINK TO THIS FORUM ? Go to this thread:-http://www.consumeractiongroup.co.uk/forum/showthread.php?p=52854

 

As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment.

Seek advice of a qualified, insured, professional if you have any doubts.

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Great info thanks all. Will be making a paypal donation shortly, not much but as i am not a big earner, but a gesture of thanks at least.

 

I have just been on the phone to customer service for 30 mins and they have agreed to refund all of my charges to 2000 (online statements) total of 123 pounds:lol: .

 

The asked me to agree that this was a full & final settlement of any past & future charges, of which i did in principal providing my right under other areas of law were not infringed.

 

Now where do i stand. I have not signed anything, does this mean that my agreement that this is full & final is not binding until i actually sign to say so?

 

I would like to dig out statements back to 1994 and have a go to reclaim these also. They also mention future charges, surely just because i agree in principal to there offer this can not mean now that the charges can be added to my account with no redress?

 

Thanks again,

 

I have posted this also in the HSBC section, should i stick to posting the thread in only one forum next time? I am not sure if it would get confusing for people if i post in two forums.

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Guest Mumofthreeboys

I would be very wary of the 'future charges' part, but don't think they can do anything unless you sign, but be careful 'cos they say they may record your conversations...... Perhaps Monkey could help on this???

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Well done old chap, your case has been the benchmark by which I was either going or not going after FD for the years of unreasonable crap I've had to put up with..

 

Your result gives me the catalyst I needed to get on with it, will draft my DPA letter tomorrow and post a new thread so you can follow my journey:)

 

Congratulations again monkey, and good on you for the non-confidentiality bit, very brave!!

 

Keep on keepin' on:grin:

 

PS:

 

HSBC is entirely confident that its (sic)...

 

I'm not sure I understand the 'sic' - there's nothing wrong with that sentence!?

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  • 3 weeks later...

Hi monkey,

 

In your letter to FD, which I think is excellent and I'm going to snaffle most of it for mine, you said:

 

"I also request that you furnish me with information pertaining to the numerous changes in my overdraft limit. I require a list of the dates that my limit was changed and what it was changed from and to. Again, this is from the date above, to the present day."

 

Why did you ask for this?

 

Also, as FD closed my account recently and I still owe them £2k - does anyone here know if I am still entitled to request and receive this DP information from FD within 40 days - even though I'm no longer a FD customer?

 

notlam

Lloyds TSB - £3,300.00 + £250.00 from FOS.

***FULL SETTLEMENT RECEIVED***

 

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Do they still hold the Data? Yes.

Are you entitled to it by Law? Yes.

 

The fact that you are (or are not) a customer of theirs is UTTERLY IRRELEVANT, if they hold data about you within a "relevant filing system" then you are entitled to that information.

 

For instance, if you are not, and never have been, a customer of Direct Communications PLC, but they hold data about you in their files for marketing purposes which they acquired from some other organisation which you don't have any connections with, you are entitled to send them a DPA Subject Access Request and expect a full and frank response.

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Hi monkey,

 

In your letter to FD, which I think is excellent and I'm going to snaffle most of it for mine, you said:

 

"I also request that you furnish me with information pertaining to the numerous changes in my overdraft limit. I require a list of the dates that my limit was changed and what it was changed from and to. Again, this is from the date above, to the present day."

 

Why did you ask for this?

 

I asked for this so that I could see, at any given point, what my authorised overdraft was, and compare the balance of my account to this. In the end, they just sent me my account note, that didn't even contain this information.

 

Never mind, I still won!

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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  • 9 months later...

There may well be another chapter in this ladies and gents...watch this space

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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  • 11 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

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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