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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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Time to recieve SAR Docs


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Can take weeks.......or you may be lucky!

they have 40 days.

Have a look at some recent posts for your bank and that should give you some ideas.

 

;)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Smile will send you the documents just before the deadline, the longer they string this all out the longer they get to keep your money and earn interest on it.

______________

22nd Sept MCOL filed vs smile bank :!:

 

27th Sept LBA amount paid by smile

 

6th Oct Full MCOL amount paid by smile

 

Result = :D

 

 

 

 

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Quite true...........and a very good way of looking at it !!

 

:D

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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i sent mine at the beginning of this month and nothing yet so don't worry it may take some time lol!

 

good luck i am counting my days down on a calander lol

Smile - £2385.50 - S.A.R - (Subject Access Request) sent 31/07/2006

 

02/08/2006 - S.A.R aknowledged and passed onto relevant team (£10 taken out also today)

09/09/06 Statements recieved.

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It goes from when they got the letter........if you have proof of delivery thats ok.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Of course you do if you have kept the orange slip

 

log on here

 

http://www.royalmail.com/portal/rm/content1?catId=400023&mediaId=9300094

 

 

Click on track and trace and enter the tracking number.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Got mine yesterday - just ahead of the 40-day deadline. They didn't cash the cheque until just before they posted the documents and I was beginning to think they hadn't received my letter - foolishly I didn't send it by recorded delivery.

 

Anyway, time to start my calculations.

 

Does anyone have a copy of the excel spreadsheet from the documents section on this forum, or know why I'm having trouble accessing it? Perhaps the change of servers is causing the problem?

 

I'd be grateful for some help.

 

Cheers.

 

Glynis

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You should not be having problems with the SS.

 

Try clicking the link for temps at bottom of this post.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Thanks for that Martin. I found the template ok but whenever I clicked on the links to open them I ended up with a blank screen. I've solved it by using Firefox instead of IE - can't see any reason why that should have made a difference but it did!

 

Cheers.

 

Glynis

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  • 4 weeks later...

Well still no documents.

Sent another letter to them on the 7th September reminding them they only have another 9 days.

 

Still nothing.

Called them yesterday - the S.A.R - (Subject Access Request) team had gone home.

Called them today - the SAR team are on lunch.

 

No wonder there is such a delay in them processing these things...they are never there !

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Smile make their own goal posts.

 

I made a S.A.R - (Subject Access Request) via secure email on 31 July. Smile's response to a chase up email

 

"I'm sorry for the delay with your initial request of 31 July 2006 and the need for your subsequent message of 3 August 2006. Under the Data Protection Act we have 40 days from a written request and payment of the statutory fee to provide the information. Your request was registered on 15 August 2006 and an acknowledgement sent. Although the fee was only debited to your account on 25 August 2006 we have allowed the 40 days from the date your request was registered and you will therefore receive the information requested by 21 September 2006".

 

My retort to the above

 

The Data Protection Act 1998 requires that you supply me with said information within forty days of receipt of my request and payment (if required). Instructions for payment were included in my email of 31 July 2006 which was received by the bank on 31 July. It is of no consequence to me, nor would it be to the courts, that your own internal procedures are so lax it took a further 15 days for you to register my request. 31 July is therefore the commencement date which must be used to measure the forty day period. As such you have failed to meet your statutory obligation to me and I have had no choice but to both report this breach to the Information Commissioner and to begin Court proceedings to force you to comply.

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Hi,

 

They just phoned me back, and pretty much told me the same thing. Althogh my payment and letter was signed for on the 8th August, they believe that they can start the clock from their acknowledgement, which was on the 15th Aug. I obviously corrected them :p

 

They are sending the docs out today 1st class, so hopefully tomorrow.

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I had a letter of aknowledgement of my request on the 8th August so I have counted 40 days from then. It will be up on 18th Sept I think is what I worked out so we all on same timeline. I'm going to letter ready to send off Tuesday. My account is an old one that is closed so I have to use snail mail.

Good luck all

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Regardless of the account being closed they are still obliged to reply.

If you dont get them by the deadline theres a good letter in the bank temps folder to send (alanfromderby)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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