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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 
      • 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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There is no reason why they should need your signature if they have already been corresponding personal information to you.

 

If you have to, use your signature, but with a "One time flaw", like a letter the wrong way round or missing. If that signature turns up on another document you will be able to show they copied it.

 

I would also lodge a complaint with the information commissioner.

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There is no reason why they should need your signature if they have already been corresponding personal information to you.

 

If you have to, use your signature, but with a "One time flaw", like a letter the wrong way round or missing. If that signature turns up on another document you will be able to show they copied it.

 

I would also lodge a complaint with the information commissioner.

 

I have sent them another letter stating that they do not need my signature to send my SAR and that the clock is still running from 16/02/10. I have also sent a report to the inormation commissioner along with all the relevent letters.

Should be intresting to see if that wakes them up.

 

Thanks for the help.

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It sounds like ftc are collecting on behalf of Crap1 as they want the cheques made out to Crap1 so the account hasn't been sold.

 

I think a "bemused letter" is in order, letter 17 here:

 

The Consumer Forums - Debt collectors

 

This should be handled within Crap1 and not passed to any fly by night crappy debt collector.

 

Back Again!

 

Sent the letter and got a reply stating that the account was on hold untill 08/03/10. Not had any other notices have they handed it back to Capone or am I being too quick off the mark?

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Just as an up date, got confirmation that the information commissioner is looking into my complaint but they have a huge backlog.

 

Looking at other posts I am not supprised as Capone are not intrested in sorting requests out or dealing with anything at the first time of asking.:mad:

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  • 2 weeks later...

Hi,

 

I have still not had any reply from FTC but have now had a letter from Fredickson International who now say that they are dealing with my account for Cap1 and give a long list of things that will happen if I don't phone them.

 

Do I send them the same "Bemused letter" as FTC?

Might sound like a silly question but......

 

Thanks in advance for any help:D

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  • 1 month later...

Just to update:

 

Sent letter to fredricksons Had the "we are returning you to Capone" reply.

also had reply from information commissioner saying that Capone are within their rights to insist on a signature.

 

Still waiting for a reply to my SAR request (Been 42 days so far)

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  • 3 weeks later...

Sorry for sticking my nose in but to negate the signature request all I sen t was.

 

I enclose copies of all the last letters I sent. This proves that a signature isn't required as you would have be admitting to breaching the 7th principle of the Data Protection Act.

 

 

Last Letter being CCA request statements etc.

Again sorry if it has been resolved but anyone else that might be wondering about the signature request only has to send the DPA statement.

Edited by Jimmystix
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Sorry for sticking my nose in but to negate the signature request all I sen t was.

 

I enclose copies of all the last letters I sent. This proves that a signature isn't required as you would have be admitting to breaching the 7th principle of the Data Protection Act.

 

 

Last Letter being CCA request statements etc.

Again sorry if it has been resolved but anyone else that might be wondering about the signature request only has to send the DPA statement.

 

Good info.

 

It has been resolved (Sort of) but still no SAR. The last thing I got was 2 days ago, yet another copy of my application form and a letter stating that my request was now comlpeted!

 

Don't know I ishould reply or just let them get on with what ever it is they think they are doing.

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