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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 
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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.
      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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RBOS Demand Extortionate Payment


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Hi Just hit the red triangle on the left

 

 

 

Andy

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  • 2 weeks later...

HI Andy,

 

Received 28.7.08. a Subject Access Response, which contains the history of what they have been doing with the account. In brief it covers as i have explained what happened to the accounts. I have also seen on the 20.7.04 and the 18.10.04 Default Notices, which i know nothing about. The majority of the input, are notes referring to "Unsecured Deal Made", each time they have phoned and increased the payment amount. Interestingly, there is an entry on ythe 17.6.04, which is what sparked my initial fury and i quote "Unsecured Deal Made DEAL AGREED £3900 f&f paid by 10.7.08 LCA No-Ops. advised affordability Confirmed. Updated letter sent to confirm no review *Advised cust if cannot pay advised need £158.04 pm* joint inline with link".

Entry on the 14.7.08. Request signed authority of Mrs *****.

Entry on 16.7.08. Statements have been ordered for all accounts

Entry on 22.7.08. Signed authority received. Letter refers to DSAR and complaint. The complaint is being dealt with by CCT case handler. DSAR to progess.

 

It would seem that the 40 days has been put back by them, due to the signed authorities not being received until the 22.7.08. (Wasnt aware post was that slow).

 

Do i take this as having to wait for all the statements until the 31.8.08 as opposed to the 6.8.08

 

Blue Moon

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HI Andy,

 

Received 28.7.08. a Subject Access Response, which contains the history of what they have been doing with the account. In brief it covers as i have explained what happened to the accounts. I have also seen on the 20.7.04 and the 18.10.04 Default Notices, which i know nothing about. The majority of the input, are notes referring to "Unsecured Deal Made", each time they have phoned and increased the payment amount. Interestingly, there is an entry on ythe 17.6.04, which is what sparked my initial fury and i quote "Unsecured Deal Made DEAL AGREED £3900 f&f paid by 10.7.08 LCA No-Ops. advised affordability Confirmed. Updated letter sent to confirm no review *Advised cust if cannot pay advised need £158.04 pm* joint inline with link".

Entry on the 14.7.08. Request signed authority of Mrs *****.

Entry on 16.7.08. Statements have been ordered for all accounts

Entry on 22.7.08. Signed authority received. Letter refers to DSAR and complaint. The complaint is being dealt with by CCT case handler. DSAR to progess.

 

It would seem that the 40 days has been put back by them, due to the signed authorities not being received until the 22.7.08. (Wasnt aware post was that slow).

 

Do i take this as having to wait for all the statements until the 31.8.08 as opposed to the 6.8.08

 

Blue Moon

 

What is "unsecured deal made"?

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Hi BM

 

Rbos are aware of the time constraints of your request and as such are obliged to provide all information held by said deadline.

With view to your post above which account does this refer to? I presume its the joint A/C? Did you ever offer a F/F/S?

Have you yet to recieve anything by way of the other two personal Accounts?

What is the total amount indebted to RBOS (alledgedly) and what are you currently servicing said accounts in total PM.?

Sorry for all the questions but this situation needs to to take a new direction which i cant advise on till you provide the above information

 

Regards

Andy;)

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I submitted my S.A.R - (Subject Access Request) to RBS in November 2005, .......I got 3 pages of rubbish on the 14th May 2006, when tackled by the Information Commissioners Office RBS said it was an internal failure in the way staff responded and told the Information Commissioners Office that they would rectify the problem, the Information Commissioners Office accepted this because they never checked back, its still going on, I'll post what the Information Commissioners Office said in their letter.

Which shows RBS take no notice of time scales.

 

 

Here you go...this letter was dated 2nd June 2006

 

"In regards to your subject access request, RBS has confirmed that it received your request in December 2005. RBS has acknowledged that it failed to satisfy the subiect access provisions of the act when processing vour subiect access

request. This has highlighted a staff training issue which RBS has now remedied. BOLLARDS!!!RBS advise that it supplied you with a copy of all personal data it holds about you on 9 May 2006. Another load of BOLLARDS !!!

 

On this basis, therefore, it does not appear as though RBS has satisfied the Sixth Data protection Principle of the Act in this instance, which requires personal data to be processed in accordance with the rights of data subjects under the Act. This is because it appears to have taken RBS almost six months to comply with your subject access request. We hold the view that RBS has not satisfied the Act in this instance. However, as it appears that the issue of your subject access request has now been remedied we do not intend to take further action on this particular issue"

 

 

However since May 2006 until June 2008 the RBS have been forced to supply ( by various means including pressure from my MP)more and more documents amounting to some 100 pages or more........and I know they have still got more.

sparkie

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Following on from what Sparkie says thats why it needs to take a new direction.

 

Regards

Andy;)

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  • 2 weeks later...

Hi Andy

 

Sorry its has taken awhile to come back to you. I received on the 13.8.08, the statements from all of the accounts.

Answering your questions first. Yes to the first it is the joint account, this is because RBS decided to use the Joint Acc as the means of receiving payments for the other accounts. The second question - I am not sure what F/F/S means ?. Third question - Yes all statements received on the 13.8.08. The content of all have taken some working out. It has taken some working out, but i have now managed to work out what is what.

It would appear that the original figures i was given over the phone were complete nonsense.

Firstly, all my payments which i have calculated according to the bank statements and which i believe to be correct total £2334.76.

NO 1 Account as of the 29.11.04 was 144.24p Overdrawn - as of 16.7.08 with interest having been applied and no payments from RBS having been paid into it is - £244.73p

No 2 Account as of the 31.12.04 was £3442 OD - as of the 16.7.08 with interest having been applied and no payments from RBS having been paid into it is - £5614.84.

No 3 Account (This one is what RBS accepts the payment into) as of the 16.12.04 was £2824.08, still applying interest to it and with all payments going into this it is as of the 16.7.08 - £1770.45.

So the total owed intially across the accounts was £6410.24, with all payments would now be £4075.48, that i would owe. However with interest the total now stands at £7631.02.

It would seem that given that they would now accept a payment of £3900, it is a lovely gesture of £175.02 off the figure I really owe.

I find it devastating that RBS can simply phone you up, frighten you to death with extortionate figures to lure you into paying what is the real amount that you owe. Of course if i had the monies i would pay it, but i dont, so of course the interest if they have there way keeps going up. It still is an impossible debt to pay, as there can be no end.

I could probably muster around the £2000 mark, with extreme difficulty, but i dont see them really accepting that.

I have had four letters too date, saying that they are still investigating and will come back to me within two weeks

I hope that puts you in the picture.

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Hi BM

 

All makes interesting reading dosent it just.Ok F/F/S = full and final settlement.

What i am going to suggest now might alarm you a tad but if I was in your position I would now open a parachute account with a completely different Bank and transfer my income and D/Ds S/O etc and completly isolate these accounts.You have written to them with your concerns and as so placed them in to dispute.Request another review of your payment plan and request that all interest is now frozen until such time your dispute is resolved.They will always have control of you until you severe the leash.Now at this pont and its your desicion you can either offer a minimal monthly payment or and its a big or stop payment completly.let the rest follow course ie they will instigate litigation proceedures and may issue a claim.You have all the ammunition required to defend this with the penalty charges admin charges etc.Thats what i ment in my previous post about a new direction because you will be on their merry go round for the unforseable future.Choice is yours!!!

 

 

Regards

 

Andy;)

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HI All

 

Too date the statements dont show any charges. They have applied interest on a monthly basis, with no two amounts being the same. I have still continued to pay as i have done monthly. As you say, they dont seem to want to let go. I will wait for there response re the complaint and try some form of negotiation, if that is possible on the monthly payments or even suggest a FFS.

Watch this space

Ta Boyz

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  • 2 weeks later...

Finally received a two page letter from RBS, which basically states its all my fault, pay £3900 or £154 per month. They have completely ignored the manner in which there staff have behaved. I have sent a letter back stating the above and offering to come to some arrangement on a reasonable FFS.

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