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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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In for a penny!!!


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Sent off SAR request 29 January. They must be overworked 'cos I haven't heard anything. This is my problem? Sending off non-disclosure letter tomorrow giving them 7 days till I complain to the courts. Can't wait to see how much they owe me. It's a shame I have to use 2 envelopes 'cos my Sainsbury's data hasn't turned up either and the address is the shame. Hey ho

 

 

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  • 2 weeks later...
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Just when I was getting a little impatient 2 sets of duplicate letters arrive this morning. One denying ever receiving my SAR request (yeah - well I've got proof of posting) and 2nd letters advising that the data will be with my by Easter. Oooooohhhhh I can hardly wait. :!:

 

 

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  • 4 weeks later...

They live in cloud cuckoo land. Had a letter referring to my letter of 26 January advising me they are 'unabale to process this request for you, as we do not have sufficient information to confirm all the details required'.

 

Well, they are still sending me statements every month. Now I'm getting mad!!!! Can't decide whether to 'phone them up or go for non-compliance order this Friday. Any thoughts people?

 

 

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Now we have been advised to claim more than 6 years can I write back to Halifax asking for more data? I originally wrote in November so I am wondering if it is now too late. Would it be more sensible to send another SAR? My account with them may go back pre-94 and I have read that Halifax can still access data from old computer system (in the branches) so there should be no excuses. Meanwhile I am going to send a prelim for just the few months I did not claim last year. Here I go again................

 

 

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Yes we went away to Slimbridge in Gloucestershire last weekend and had a lovely time. Next outing is likely to be Mayday weekend when I am planning to stop at a beautiful YHA at Llyn Gwynant near Betws-y-coed overnight. How about yourself?

  • Haha 1

 

 

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Prelim going off today for the 10 months that was outside the 6 year limitation period plus some odds and sods from earlier this year. For my sanity I have decided to go just for statutory as I just don't have the mental energy to claim contractual and deal with multiple points of law whilst working over 10 hrs a day just to stand still. It's only a few hundred but I expect my next claim going back to the 90s will yield a few surprises.

 

 

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Patience may be a virtue I have in spades but there comes a time.................

 

Send off my original SAR request last November but the cheque bounced. Sent replacement cheque in the new year and then sent non-compliance letter last month. I then had letter saying 'sorry, info will be with you by 9 April. Then yesterday I had further letter saying as I am still in arrears and they will be issuing default notice. This despite the fact that I am paying via the cccs. Was I mildly irritated - too true I was. Whether my assumption is true or not I got on the 'phone and said they could not default my account as the claim is in dispute and where is my data 'cos as a result of letter in my hand I would be filing for non-compliance on Tuesday. Nice girl at the other end said she would send e-mail to relevant department so I said thank you for telling them to get their act together and I would not file for non-compliance on Tuesday.

 

If a week passes and I still have no data am I correct in assuming I claim my £10 fee back via the court as I cannot see what expenses/damages I can ask for.

 

This is like pulling teeth. What is it going to be like when I go back approx 12 years?

 

 

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Thanks Todge. I have already sent an e-mail to cccs informing them of default notice and asking them to tell halifax my financial situation is the same.

 

The reason I think I need to put £10 fee in claim for non-disclosure is because the library template talks about costs and damages and so far that is all I have forked out. Yeah, all I want is my data and when they fail to go back to the agreement start date I will complain about that. So far I have sent everything with Royal Mail's FREE 'Proof of Posting'. It's legal and does for me.

 

 

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Thanks, I have been out in the garden, watched some telly and cooked a lovely roast sunday lunch and am now sat here with a beer, so nicely chilled thanks very much.

 

Go back to the templates library and find the non-compliance letters section. There is one tailor-made for every eventuality and their failure in not sending all statements for whole claim period will be there. With regards to interest I don't have a clue at the moment AS I AM STILL WAITING FOR MY STATEMENTS but if it is like current account it should state interest debited at the end of the month, but I am just guessing. Do you have your own thread yet? If not go to the start of halifax forum and at the top on left-hand side it will say 'start new thread' click on that, give yourself a title and away you go.:p

 

 

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After you have got all bank statements that would be the time I personally would send preliminary letter using 'Proof of Posting'. I would use 'proof' for non-compliance letter as well

 

 

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I dispute that. RM promise to deliver 1st class within 2 days of when it was posted and it has been stamped and you have the receipt with the receipant's address so what more could you ask for? Should any bank etc say no such letters (prelim, lba) were posted you have the proof. The courts themselves post 1st class so they have faith in our postal system. I am planning on using recorded when I send off proofs required by the court however.

 

 

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LBA going off in post tomorrow. I took my eye off the ball and they are taking £78 from me this Friday. Oh well this will take my total to approx £500 when I file my N1. Surprising that they have not replied saying I cannot claim outside the 6 years. Oh yes I can..........

 

 

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Was I thinking too loud? Just wondering if I should have mentioned relevant section of Limitation Act in letters or do you also think putting it in POC will be sufficient?

 

I'm also proper fed up. Not another win since Halifax. Am waiting on NatWest, Barclaycard and even the reliable (until now) Co-op have not coughed up. I don't want to be greedy so just one win would do before Whitsun. Perhaps I should go after my old mortgage company finally. How are you diddlying these days. And where is 'Doo'. 'Survivor' seems to have dropped off the edge of the world too.

 

 

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Ooooohhhh, good. P'rhaps I am being tooo sharp, but if these 3 companies charged you and then the company it was transferred to also charged you surely you could go after all 4?

 

I have a court date of 19/06/07 for NatWest and am waiting for my 2 N1s to be deemed served on Barclaycard and co-op. Co-op seem to be paying up approx 1 week after N1 served. I live in Hope (and die in Kigerley- can't spell second location. A local saying from North Wales).

 

 

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Just when I was thinking I needed someone new to go after my data arrives yesterday. Spent the evening going through with marker and sent off prelim today. This is great 'cos they only sent me data from 2002 so I can now request the rest back to the 1980s (in theory anyway) while proceeding with this claim. Any idea how far back Halifax data goes people?

 

 

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  • 3 weeks later...
  • 2 weeks later...

Oops. 14 days are well and truly over. Never mind, waiting for my new WTC/CTC award letter to arrive so I can claim remission. LBA going in post tomorrow. At this rate I will have 4 seperate claims to file in a fortnight. That'll keep me out of mischief. Will all 4 settle before we go on holiday in August? Come on as usual Howard, I need my extra. 8)

 

 

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It does help Lorraine if you don't send them a bouncing cheque!!!! Silly me. I was busy with other claims so didn't get round to sending a non-compliance letter. I have claimed late/overlimit/unpaid cheque fees and don't forget to add your £10 sar fee. I like Vampiresse's spreadsheets and I have used nos 14(a and b?) which works out 'bank interest on penalties' in last column adding quite a bit onto my claim before I file at court. I only go for statutory as I couldn't get my head round contractual 100%. Now I'm curious so off to Vamp's chambers to see what I will be claiming when I get to court. All the very best with your claim, Sally

 

 

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Yes, today. It just says I am not going to have the charges refunded as they were applied as per my original agreement. Quick turnaround - I only wrote on the 19th. I will just have to check they have not defaulted me and proceed to court then. I had kept up the payments via the cccs but apparently the arrangement should have been reviewed sometime in the last few months. News to me.

 

 

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Thanks Brett. Wonder why I need a review then. They probably do a spot check now and then. Whe this postal strike is over I have a second request going off for all data going back to the year dot - well as long as they have records for that is. The cccs will be very happy for me.

 

 

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  • 2 weeks later...

Can I throw my toy out of the crib then!!! Just used the rejection letter offering them 10 days to settle. BUT I WANT MY 8%. Still, fair play and all that. Hope they don't settle. If they do offer to but refuse to remove default notice can I still proceed to court as this is one of my conditions? Seems fair to me.

 

 

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