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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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Let battle commence!


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Well, having read some of the excellent advice and experience on this forum, I've registered and sent my first DPA/SAR to Smile. The majority of my charges were for bounced/failed DD payments from when I was earning a lot less than today. Hopefully a reasonable amount of them fall within the 6 year limit - or Smile decide not to argue the toss and refund the lot anyway!

 

I look forward to picking all your brains as this goes forward. Has anyone ever experienced any unpleasantness from Smile, such as them closing your account?

 

James

Smile Current Account: SAR acknowledged 24/08/06

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Good luck.

As a precautionary step its always advisable to find a parachute account.

There is a good thread on this that gives some sound advice.

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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Yes, I've just been deciding which one I should go for. Hopefully it won't be an issue, as I'm relatively happy with Smile - aside from the obvious!

Smile Current Account: SAR acknowledged 24/08/06

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  • 2 weeks later...

Well, I received a letter from the Co-Op Bank acknowledging my request, and informing me that it would comply within the 40 day limit.

 

This was dated the 24th, while my request was sent via secure message on the 11th. Is that a fairly typical length of response? It seems a little excessive to me, as I thought that the whole idea of 'net banking was that it sped things up and made them more convenient!

 

They were also quite happy to debit the £10 fee direct from my account, which is handy!

Smile Current Account: SAR acknowledged 24/08/06

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i did mine via email and my response was within 48 hours i think the letter came a couple of days after that, so i think by the sounds of it they are now very busy;) thats what i would think took so long lol

 

it looks to me however with mine they are going for the 40 days as its nearly up and i am getting my other bits and pieces together in case they go over the 40 days so make a note in your diary as to when the 40 days is over ;)

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's already noted on my phone, but good advice all the same!

 

I've noted about £400 worth of charges in the statements I've access to online, I suspect there will be far more in the years not covered by the website - it could be interesting!

 

A nice little sweetner to pay for my holiday to the states next year, if all goes well!

 

I'd be surprised if it actually took them 40 days to prepare the SAR data, surely their banking software could generate an automatic report? I guess they are simply dragging these things out for dramatic effect, to encourage people to settle early with minimum fuss.

Smile Current Account: SAR acknowledged 24/08/06

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They managed to miss my SAR that sent by secure message. I have already got most of my money back, but was missing a few statements so sent a SAR afterwards with authority to pay. I didn't keep track of time and realised after 50 days I hadn't received anything, so messaged again and they replied that they would give them priority and send them free of charge as a good will gesture.

 

Some months ago they said SAR's were taking 30 days as they were inundated, and I am sure they are busier now. I think it is actually better to use snail mail as they do seem to take a long time responding to messages.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Got my reply to the SAR on the 14th August, bang on the 40 days, all done via the post. like you say don't know why its takes so long as all they sent were the original statements along with my notepad entries. But if I were you, I wouldn't expect to see them for a few weeks yet.

Co-Op

Prelim - 09/06/06 (£2052)

LBA - 26/06/06

Settled 06/07/06 :D

Smile

S.A.R - (Subject Access Request) - 03/07/06

Prelim - 23/08/06 (£3185.50)

LBA - 08/09/06

mcol - 30/09/06 - £3250.50 + £800.22 + £120

Settled 13/10/06 :D

Capital One CC

S.A.R - (Subject Access Request) - 05/09/06

Prelim - 07/10/06 (1142.90)

LBA - 25/10/06

mcol - 13/11/06 (£735+ £323.29 + £120)

Settled

A & L CC

S.A.R - (Subject Access Request) - 07/10/06

Prelim - 14/11/06 (1065.16)

Wescot

CCA - 07/10/06

Co-Op(2)

S.A.R - (Subject Access Request) - 09/10/06

BOS CC

S.A.R - (Subject Access Request) - 18/10/06

Creation

S.A.R - (Subject Access Request) - 18/10/06

Prelim - 02/11/06 (£94.61)

LBA - 17/11/06

Settled 21/11/06

Studio

S.A.R - (Subject Access Request) - 18/10/06

Prelim - 01/11/06 (£103.80)

LBA - 17/11/06

Settled 18/11/06

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Useful information, thanks for that!

 

I'm not sure I want to read the notepad entries - I've tried to lay my youthful exuberance with my dosh to rest!

 

I assume it's just a big ol' stack of statements that you swish through with a marker pen to highlight their charges? Too much to ask for that they would just present the charges they have made, all nicely itemised, I guess!

Smile Current Account: SAR acknowledged 24/08/06

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  • 1 month later...

This might seem a stupid question, but I haven't yet spotted a definitive answer in the excellent FAQ's I've read.

 

I've finally received my statements/SAR and have started going through them - which has raised a slight query:

 

Up to about '04 (going backwards!) the 'commision' charges have been £20, however at this point they seem to revert to £10. As this is under the £12 arbitrary limit set in the recent ruling, can I still claim for these as an unfair penalty, or will the bank just chuckle and send me packing?

Smile Current Account: SAR acknowledged 24/08/06

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Claim them. They haven't proved it costs £12, or even £10 come to that so the onus is on the bank to prove it cost them that much.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Just to point out, these "Commission" charges went back up to £20 in '05 and then up again to £25 in '06! So therefore, yes i would definately claim ANY of these charges until such time that these banks give a full and detailed breakdown of their true costs. Don't forget the Daily Charges @£5 per day, and also the £15 p/m Service Charges.

 

Best of luck!

Lloyds: Started

SAR Sent & Received

Preliminary Sent

Stayed- Awaiting further developments with new test cases!

Mint C/Card: Started

SAR Sent & Received

Preliminary Sent

Stayed - Awaiting further developments with new test cases!

ENDEAVOUR PPI: Started

SAR Sent & Received

Gone pear shaped! See HERE

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