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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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Can a DPA SAR payment be made by Bank/Credit Card Transfer?


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Hi Guys,

 

Is it acceptable for Natwest Credit Card Services to not comply with my SAR as they want a cheque for the fee despite the fact I have authorised them to debit it from my credit card account, and there is sufficient money in there. Are they being deliberately obstructive or as it is a credit card account are they allowed to do this?

 

TheyrCriminals

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Hi Guys,

 

Is it acceptable for Natwest Credit Card Services to not comply with my SAR as they want a cheque for the fee despite the fact I have authorised them to debit it from my credit card account, and there is sufficient money in there. Are they being deliberately obstructive or as it is a credit card account are they allowed to do this?

 

TheyrCriminals

 

Send them a Postal Order :confused:

Edited by car2403

 

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Hi Guys,

 

Is it acceptable for Natwest Credit Card Services to not comply with my SAR as they want a cheque for the fee despite the fact I have authorised them to debit it from my credit card account, and there is sufficient money in there. Are they being deliberately obstructive or as it is a credit card account are they allowed to do this?

 

TheyrCriminals

I have a vague memory (haven't done one of them in years, lol) that it is in the ICO's guidelines/rule book that it has to be done by cheque or PO (probably something else which needs amending these days with BACS etc..., but not a biggie), and as far as I am aware, they ALL have always asked for a cheque/PO, even the credit cards. ;-)

 

Edit: There it is - http://www.ico.gov.uk/tools_and_resources/glossary.aspx#s

"A subject access request must be made in writing and must be accompanied by the appropriate fee." A payment authorisation would introduce doubts as to when the clock starts ticking for the 40 days, especially if they delay taking the payment for example... Better to stick to paper even if they allowed you to pay by card, IMO. ;-)

Edited by Bookworm
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I have a vague memory (haven't done one of them in years, lol) that it is in the ICO's guidelines/rule book that it has to be done by cheque or PO (probably something else which needs amending these days with BACS etc..., but not a biggie), and as far as I am aware, they ALL have always asked for a cheque/PO, even the credit cards. ;-)

 

Edit: There it is - Glossary of terms - ICO

"A subject access request must be made in writing and must be accompanied by the appropriate fee." A payment authorisation would introduce doubts as to when the clock starts ticking for the 40 days, especially if they delay taking the payment for example... Better to stick to paper even if they allowed you to pay by card, IMO. ;-)

 

Hi Bookworm,

 

Thanks for your reply. I have certainly done bank accounts with authorising them to debit the £10 SAR fee to which they complied but they don't seem to want to with my credit card account, just wanted to know if there was any distinction. I'm thinking perhaps maybe they are reluctant for me to authorise them to, in essence, use their own money (as it's a credit card account)to pay for the SAR fee.

 

TheyrCriminals

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Moved to a new thread - that HOL Test Case thread is cluttered with enough off topic convo's :lol:

 

EDIT: Sorry for the unapproved posts, but I moved 3 posts, then meant to copy 1 other, but copied all 4 and had to unapprove the 3 duplicates. (That'll teach me for running around with a duster and going so quickly I trip up and fall over the cable... :rolleyes:)

 

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i think for your protection, paying by postal order and having the post office make it payable to the creditor/dca is the safest way. if you authorise the card co. to take payment from your card then they could just turn round and say the transaction was for something else. likewise, bank transfers are a big no no in my eyes, particularly if the account is in dispute or nearing stat barred, as the organisation could just claim the transfer was a payment to the account. at least with a postal order you can write to the post office and they will send proof it has been cashed.

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