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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
      • 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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Brighthouse Help again!!! Nothing Unsual there then :-)


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OK. Here we go again, Now I have read somewhere on the forum about getting a Suject access Request from BrightHouse. This cost's us £10 as well is this correct.

 

The letter template is there also, Cannot find the thread to print it off, any help in finding it please.

 

 

Reason I am asking is this,Some years ago we had a little difficulty in paying, backwards and forwards we was with store manager, we eventually got the accounts up to date, but as you say the DLC or OSC would both of been void for that period, so not valid.

 

Also recall 2 times when we gave back mobile phones to be repaired, and in one case waited in excess of 13weeks for a NEW ONE, and 10weeks the other whilst still paying regular and on time.

 

And during this time the agreement came to an end fully paid up no defaults at all.

 

We got customer services involved and after 3 weeks store arranged for another phone, which I am cetain was a cheaper model than the original.

 

So where is our extra money gone.

 

 

Will they have to give us all the agreement details seperate for every agreement we had with a complete list of payments that were made, either on time or late, also all extra charges that were made,

Also remember them doing a rewrite once,

 

I have a monitor that has only 6weeks left to pay, but the screen broke one night some time back so is probably unrepairable,On reading some other threads could this possibly be handed back? It is broke and not working,It does power on thought. (Just thinking of the pc thread)

 

Won't be using them again

 

 

I am now working and we just have a few items left to clear.

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Ok, firstly the SAR letter: (you may need to alter it slightly)

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any 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 account formerly held with ORIGINAL CREDITOR.

4. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

5. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

6. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

7. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

The SAR should give you details of your new mobile phone as well - but you are within your rights to ask for a price comparison between the two.

 

As for your monitor - you only have 6 weeks left to pay, but the Sales of Goods (Implied Terms) Act will still apply. You are within your rights to request a repair/replacement - alternatively you can just give it back with no penalty. However, you have paid £xx amount already, so it may be worth getting it repaired.

 

The letter you need for this is:

 

Date…….

Owner / Manager's name (or The Manager)

Retailer’s name

Retailer’s address

Retailer’s postcode

 

Dear [Qwner/ Manager’s name or Sir/Madam]

 

Account No…………….

 

Supply of Goods (Implied Terms) Act 1973 (as amended)

 

On [insert date], I entered into a Hire Purchase agreement with you for [enter details of goods] from [insert suppliers details].

 

The following problems have arisen:

[Give brief outline of problem and any action taken]

 

I understand that under the above legislation, it is your responsibility to resolve the matter and would therefore ask that this is done within the next 14 days.

 

Yours sincerely / Yours faithfully

[Name]

 

Add as many details as you can and send a copy (recorded delivery) to the branch and Head Office. Send the SAR to Head Office.

 

Hope some of this is of some help :)

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Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account) What if we don't know all acc No's. Would it be worth asking the store? Also how far back wiil they go?

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any 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 account formerly held with ORIGINAL CREDITOR.

4. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

5. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

6. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

7. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

What else would we have to alter if anything on here?

 

Sorry for my Ignorance

 

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

 

 

This is an Example

 

 

Date 01/01/2001

Owner name. Would all this be the local store or Caversham it's self

Retailer’s name.

Retailer’s address.

Retailer’s postcode

 

Dear [Qwner/ Manager’s name or Sir/Madam]

 

Account No……………. For Monitor

Supply of Goods (Implied Terms) Act 1973 (as amended) Leave as it is?

 

On 01/01/2001, I entered into a Hire Purchase agreement with you for One Flat 17" Computer Monitor from your store in Casablanca

 

The following problems have arisen:

On using the monitor one night the screen just happen to burst, and it does not work at all now.

 

I understand that under the above legislation, it is your responsibility to resolve the matter and would therefore ask that this is done within the next 14 days.

 

Yours sincerely / Yours faithfully

 

Mrs Bloggs

 

 

 

 

 

 

Seem a bit like an Idiot here as i am not sure if I am correct.

 

 

Also thanks for the info.

 

 

Just that I don't understand the bit with the monitor, as what happened, the youngest lad tried to climb on his mother a fell against the screen, so it is our fault it broke.

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I have copied your post and answered in red:

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account) What if we don't know all acc No's. Would it be worth asking the store? Also how far back wiil they go?

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any 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 account formerly held with ORIGINAL CREDITOR.

4. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

5. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

6. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

7. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

What else would we have to alter if anything on here?

 

Sorry for my Ignorance

 

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

 

Sorry, I am just so used to posting it and saying it may need altering!! You can get your agreement numbers from your receipts - as for the old ones, you could always ask at the store, but to be honest, they should be able to locate all your accounts from your address.

 

 

 

This is an Example

 

 

Date 01/01/2001

Owner name. Would all this be the local store or Caversham it's self

Retailer’s name.

Retailer’s address.

Retailer’s postcode

 

Dear [Qwner/ Manager’s name or Sir/Madam]

 

Account No……………. For Monitor

Supply of Goods (Implied Terms) Act 1973 (as amended) Leave as it is?

 

That is supposed to say (as amended).....so leave that bit in

On 01/01/2001, I entered into a Hire Purchase agreement with you for One Flat 17" Computer Monitor from your store in Casablanca

 

The following problems have arisen:

On using the monitor one night the screen just happen to burst, and it does not work at all now. The screen burst - as in literally? Did it make a sound?

 

I understand that under the above legislation, it is your responsibility to resolve the matter and would therefore ask that this is done within the next 14 days.

 

Yours sincerely / Yours faithfully

 

Mrs Bloggs

 

 

 

 

 

 

Seem a bit like an Idiot here as i am not sure if I am correct.

 

 

Also thanks for the info.

 

 

Just that I don't understand the bit with the monitor, as what happened, the youngest lad tried to climb on his mother a fell against the screen, so it is our fault it broke.

 

If it was accidental damage then you will not be covered......

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Thanks for response,

 

OK so Monitor is not worth trying as it was accidental damage, and I am not one for trying it on, so to speak.

 

So thanks for that info.

 

On the SAR, how far can you actually ask them to go back?

 

 

Great helpful site BTW.

 

Big thumbs up to everyone.

 

Forgot I signed up in 2006

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They should hold records for all your agreements (past and present). They are unlikely to hold anything on accounts that were closed/paid off more than years ago, but you never know.

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They should hold records for all your agreements (past and present). They are unlikely to hold anything on accounts that were closed/paid off more than years ago, but you never know.

 

 

How many years ago :)

 

These are the ones I want to look into Closed and paid in full

 

 

So how far back can they go please

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