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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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DAY 1


alexgash
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  • 3 weeks later...

Ok so now it’s DAY 18. I am pursuing Lloyds and A+L.

 

So far this has happened. Last Monday (27th) received call off A+L asking why I wanted the Data Protection Request as this was not necessary and would cost me £10 and that I could save this just by requesting statements and nothing else. I informed them that they had already cashed the cheque and I was expecting all documents within 40 days still. I was then told that the cheque had been credited to my account (when it clearly stated the purpose of said cheque in the letter!) and they admitted this mistake. I received on Friday a Proof of Identity form, they are now requesting me to send a copy of my driving licence or passport to confirm my identity which I shall do tomorrow, obviously a ploy to stall or put people off who can't be bothered.

 

So back to Lloyds, I phoned them up after speaking to A+L (bit livid at this stage of things) asking what had happened, as I hadn't received any feedback/ acknowledgement off them regarding my letter. Eventually got through to the branch who have passed via fax to DP Dept. Got told yesterday I will receive a call off the branch by 11am tomorrow. The wait continues....

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Have you got a record of your phonecall to LlTSB?

 

Might be an idea to follow it up with an email to the contact us address so you have got proof, make sure you include the initial date of DPA request and how long they have to comply. The black donkey seem to be trying to stall at every step from reading other threads.

 

If all of your charges are in the last 4 years and you are registered for internet banking you can go to statement options and search for just charges in 3 month blocks to get the ammounts you are owed. You can then send a prelliminary letter based on those figures, if you want to get the ball rolling.

 

All the best

 

HD

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It is well worth recording your conversations as I,and many others, found to my cost .

Can you start a thread in Alliance &Leicester as well please .It will be easier for you and also others following your case.

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Ok.

 

Just got off the phone to my branch asking them what was happening with my DPA request. The assistant informed me that they had faxed off my request to the DP Team and somebody should have got in contact with me. She also told me that there would be a charge for the request of my statements (which I knew) and asked the blatently stupid question of have you not got them? I explained that I enclosed a cheque with the letter for £10 which would cover the cost. Her reply was 'I'll chase this up for you and give you a ring back tomorrow morning' we shall see...

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You're being too nice.

 

Next time you phone, you need to say: I've sent a DPA request on x date, you have by law 40 days to comply,as of today, you have only x days left before I go to the IC with a complaint, any news?

 

I think you'll be amazed at the difference it makes!

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Guest oatman

I think the point here is that if you've sent recorded or registered post then it's up to them to respond. I wouldn't waste my time talking to a bunch of clowns. If your letter threatens legal action you can be assured that it's been passed to the appropriate department. Carry on with your line of attack. They hope to wear you down so you'll go away.

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If your letter threatens legal action you can be assured that it's been passed to the appropriate department.

 

That's a very trusting statement... Judging on other people experience, it's also highly unlikely to be correct...

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I sent my DPA request by normal post to my branch of Lloyds 22/3/06 enclosed £10. Emailed them at [email protected] on 8/4/06 as I had heard nothing. Got an email today saying my letter had been received & is receiving attention but it my take 40 days from the date they received my letter for a reply to be sent.

I feel likre the ball has started rolling.

Allocation questionaire returned to the court-18/7/06

Allocation Questionaire rec'd dated- 6/7/06

Acknowledgment of Service rec'd full defence- 15/6/06

Reply from solicitors want more info.-14/6/06

Money claim filed £1653 - 7/6/06

Reply rec'd to LBA-27/5/06

LBA sent - 19/5/06

Reply from LLoyds TSB a big fat NO - 12/5/06

1st request for payment sent - 09/05/06

Statements Rec'd - 21/4/06

Data Protection Act request sent to Lloyds - 22/3/06

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I'm going to send a letter to my branch informing them that they have 14 days left from my initial DPA request, how's this?

 

Dear Sir/Madam

 

 

ACCOUNT NUMBER: xx xx xx xxxxxxxx

 

Further to my letter dated 21st March 2006 and subsequent telephone calls on 3rd of April and 10th of April 2006 I still have had no written correspondence from yourselves.

 

You have by law 40 days to comply from the date of my initial letter and as of today, you have only 14 days left before I go to the Information Commissioner with a complaint to get this matter resolved.

 

 

 

yours faithfully,

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I'm going to send a letter to my branch informing them that they have 14 days left from my initial DPA request, how's this?

 

Dear Sir/Madam

 

 

ACCOUNT NUMBER: xx xx xx xxxxxxxx

 

Further to my letter dated 21st March 2006 and subsequent telephone calls on 3rd of April and 10th of April 2006 I still have had no written correspondence from yourselves.

 

You have by law 40 days to comply from the date of my initial letter and as of today, you have only 14 days left, after which time I will be left with no alternative but to escalate this matter into an official complaint to the Information Commissioner and/or the County Court under s.7 and/or s.13 Data Protection Act

 

 

yours faithfully,

 

 

If you want to put the wind up them try that.

 

 

 

 

 

 

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DAY 28

 

OK took the letter in person to the branch and requested a receipt off the Customer Advisor which she gave me. They now only have 12 days in which to get my request sorted out.

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  • 2 weeks later...

Got the DPA request through and statements last Saturday posted off standard approach letter on Thursday and received a letter off my branch manager on Saturday morning saying he'd passed my concerns onto relevant department and somebody would be in contact within 5 days.....

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Sounds like its swimming along nicely now alex.

 

The sound of kerching in your wallet will make up for all the letters sent ehh.

Data Protection Act Request sent 22nd April 2006 (recorded delivery) to Penny Berryman 40 days up on 1st June 2006.

 

Statements recieved 5th May 2006

Claiming back = £3913.65

 

Preliminary Letter Sent 5th May (recorded delivery) to Customer Care, Birmingham. Told me to sod off on the 9th May

 

Letter Before Action Sent 9th May (recorded delivery) to Customer Care, Birmingham. Told me to sod off on the 12th May

 

Moneyclaim filed issued 6th June (14 days to reply) Time up on 20th June.

 

Acknowledged 15th June (28 days to defence)

Time up on 13th July.

 

Defence Recieved 7th July

 

Going Before the Judge 15th September

 

Court Date 5th December

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Received letter today

 

Dear Mr XXXX

 

Re: Account Charges for Overdraft Excesses and Returned Items

 

Our 'local' branch recently asked us to investigate your complaint. I'm sorry that you feel we've let you down.

 

I understand that

 

-You feel that the charges you have incurred are unlawful.

-You are unhappy with the amount of charges you have incurred as a result of being overdrawn and from returned items.

-You have requested that all charges incurred should be refunded for the past 6 years.

 

When you become a customer, we give you details of any charges for the day to day running of your account. Details of our charges are also availiable from our branch staff, telephone helpline or website.

 

For the vast majority of our customers banking with us can be completely free as charges are not made for services such as debit cards, cash machine withdrawls, balance requests, statements, cheque books and internet banking. We also do not charge for processing Direct Debits and Standing Orders when they are paid through our customers' accounts.

 

One of the few services we apply charges for are when a customer does not have enough money in their account to meet payments they have requested us to make. I f customers think they may exceed any limit they have, we urge them to contact us to discuss their requirements. Any requests for further lending are then assessed in line with our usual credit policy. Similarly, when we return an item, we are preventing a customer from exceeding their limit, and again as we explain clearly to our customers, this process incurs a charge.

 

Typically, we do not levy customers an excess overdraft fee the first time they go overdrawn without agreement, as long as it hasn't happened in the past twelve months and we limit excess fees to a maximum of three occurrencies in any one month.

 

As a business we are entitled to set charges to cover additional work. These charges are not hidden and are notified in the guide to banking charges leaflet we produce. We advise our customers to ensure cleared funds are availiable in their accounts to meet payments due. You will also note that in the front of each cheque book we request that funds are availiable before cheques are issued.

 

You incurred charges because you did not ensure funds were availiable in your account to cover the payments set up by you. It is your responsibility to operate your account within any agreed limits and within the terms and conditions.

 

You accepted these terms when you opened your account and when you agreed your overdraft. We did not agree to pay your account in excess of the amount agreed without charges being made.

 

Accordingly, I am unable to agree with your request to refund the charges. We do expect your account to be run in line with the terms and conditions of its operation. This means that you must ensure that cleared funds are deposited into the account the working day before any payments are due. If you do not feel you will be able to run your account in accordance with the terms and conditions, we may have to consider withdrawing certain facilities, such as any debit cards, overdrafts and cheque books. Alternatively, you may wish to consider alternative banking arrangements.

 

In case you haven't received a copy of our leaflet called 'How to voice your concerns' I've enclosed one with my letter. This tells you all you need to know about resolving your complaint with us.

 

If you are unhappy with my decision and feel that you have something to add which might change the outcome, please get in touch. If we cannot agree on a solution at that point, I will help you refer your complaint to the Financial Ombudsman Service for independant arbitration.

 

Yours sincerely

 

 

David Just

Assistant Manager

 

 

 

 

 

OK SO THERE'S ANOTHER PERSON OFF MY CHRISTMAS CARD LIST!!

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Hope you've got your LBA printed off and ready to send back to Mr (Un)Just :)

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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The Black Donkey Strikes again!!

 

Just received this letter in response to my Letter Before Action

 

 

Received letter today

 

Dear Mr XXXX

 

Thank you for taking the time to contact us about your account

 

I understand that

 

-You feel that the charges you have incurred are contrary to the Unfair Terms in Consumer Contracts Regulations 1999.

-You are unhappy with the amount of charges you have incurred as a result of being overdrawn and from returned items.

-You have requested that all charges incurred should be refunded for the past 6 years.

 

When you become a customer, we give you details of any charges for the day to day running of your account. Details of our charges are also availiable from our branch staff, telephone helpline or website.

 

For the vast majority of our customers banking with us can be completely free as charges are not made for services such as debit cards, cash machine withdrawls, balance requests, statements, cheque books and internet banking. We also do not charge for processing Direct Debits and Standing Orders when they are paid through our customers' accounts.

 

One of the few services we apply charges for are when a customer does not have enough money in their account to meet payments they have requested us to make. I f customers think they may exceed any limit they have, we urge them to contact us to discuss their requirements. Any requests for further lending are then assessed in line with our usual credit policy. Similarly, when we return an item, we are preventing a customer from exceeding their limit, and again as we explain clearly to our customers, this process incurs a charge.

 

Typically, we do not levy customers an excess overdraft fee the first time they go overdrawn without agreement, as long as it hasn't happened in the past twelve months and we limit excess fees to a maximum of three occurrencies in any one month.

 

As a business we are entitled to set charges to cover additional work. These charges are not hidden and are notified in the guide to banking charges leaflet we produce. We advise our customers to ensure cleared funds are availiable in their accounts to meet payments due. You will also note that in the front of each cheque book we request that funds are availiable before cheques are issued.

 

You incurred charges because you did not ensure funds were availiable in your account to cover the payments set up by you. It is your responsibility to operate your account within any agreed limits and within the terms and conditions.

 

You accepted these terms when you opened your account and when you agreed your overdraft. We did not agree to pay your account in excess of the amount agreed without charges being made.

 

Accordingly, I am unable to agree with your request to refund the charges. We do expect your account to be run in line with the terms and conditions of its operation. This means that you must ensure that cleared funds are deposited into the account the working day before any payments are due. If you do not feel you will be able to run your account in accordance with the terms and conditions, we may have to consider withdrawing certain facilities, such as any debit cards, overdrafts and cheque books.

 

If you are unhappy with my decision and feel that you have something to add which might change the outcome, please get in touch. If we cannot agree on a solution at that point, I will help you refer your complaint to the Financial Ombudsman Service for independant arbitration.

 

Yours sincerely

 

 

Stacey Cope (Miss)

Assistant Manager

 

 

Ok so its back to the pretty much same old standard letter as befor minus a couple of sentances, is this the norm? I'm feeling very angry at the moment with Lloyds, perhaps they are so overwhelmed that they are sending out standard letters left right and centre. Still moneyclaim will be filled out on 23rd May. Can anyone tell me how long it would be after submitting the claim before a court date is set as its holiday time soon for me.

 

Thanx

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You got that letter same day as i did m8,

 

Will be keeping track of your progress.

 

Ive created my account with moneyclaim so im just waiting for the 14 days to lapse then im filing.

 

Good Luck :)

Data Protection Act Request sent 22nd April 2006 (recorded delivery) to Penny Berryman 40 days up on 1st June 2006.

 

Statements recieved 5th May 2006

Claiming back = £3913.65

 

Preliminary Letter Sent 5th May (recorded delivery) to Customer Care, Birmingham. Told me to sod off on the 9th May

 

Letter Before Action Sent 9th May (recorded delivery) to Customer Care, Birmingham. Told me to sod off on the 12th May

 

Moneyclaim filed issued 6th June (14 days to reply) Time up on 20th June.

 

Acknowledged 15th June (28 days to defence)

Time up on 13th July.

 

Defence Recieved 7th July

 

Going Before the Judge 15th September

 

Court Date 5th December

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  • 12 years later...

This topic was closed on 03/07/19.

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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That way you will attract more attention to your story and get more visitors and more help 

 

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