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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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LK v Yorkshire Bank ***WON***


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HI LK i hope im not doing anything wrong here but i saw this this morning and thought i would paste it for you. jaxx

Dear Sir/Madam

 

ACCOUNT NUMBER: XXXXXXXX

 

Further to your letter of 29th August.

You stated:

"We also note your request for disclosure of data relating to manual intervention on your account. This is not data which you are entitled to receive under a data subject access request and accordingly no such disclosure will be made"

 

You do not explain why your understanding of the act led you to this decision, I believe you have misunderstood the scope of the act and refer you to the following sections:

 

1.1 Defines data to include any information that is processed or recorded as part of a relevant filing system, or automated process. It defines the data to be any that relates to a living individual who can be identified either from the data or in combination with other information in your possession, or likely to come into your possession. Further it defines both the scope of the range of activities that fall within the term Processing and gives a clear definition of filing systems.

 

7.1 Details my entitlement to the personal data held and the purposes for which they are being or are to be processed

 

I also refer you to the Information Commissioner's Data Protection Legal Guidance notes, paragraph 2.1 which notes that non-automated information systems such as 'paper files, rollerdex, and non-automated microfiches' are now covered under the act, and the transitional relief period relating to that expired on 23rd October 2001.

 

To sum up in plain English, the Act allows people to find out what personal information is held about them, and can be on computer or in paper records. I struggle to understand your refusal to disclose the data I have requested within the boundaries of the act, and if you do not comply with my request I will raise a complaint with the Information Commisioner

 

You have a further 37 days to comply.

Yours faithfully,

Jax v Yorkshire request made for statements £10 paid and reciept given 16/10/06

:razz:

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Cheers Ozzy shall nip on over and post in that section...

 

Wacky I dont understand why you have posted what you have, I have no probs claiming with YB.

I dont need to claim with Skycard, never had any charges on it just wanted to know if anyone had their limits lowered recently.

 

Started 25th Sep 2006 - got cheque on 4th December 2006. Settled without interest but full amount plus court costs :)

A & L Watch out buddy you are next 2007!!!!

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Hiya LK 9th oct you said you recieved a letter saying that they dont have to give you information reguarding mannual intervention i was just tryin got give you added info. Sorry i should of explaned myself. jaxx

Jax v Yorkshire request made for statements £10 paid and reciept given 16/10/06

:razz:

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Oh right I am with it now, its just a standard response they give most people....makes no difference to my claim...but thanks anyway :)

 

Started 25th Sep 2006 - got cheque on 4th December 2006. Settled without interest but full amount plus court costs :)

A & L Watch out buddy you are next 2007!!!!

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OK got the sod off , you should have run your account better....blah blah blah letter...

So is it straight to the LBA now?

 

Started 25th Sep 2006 - got cheque on 4th December 2006. Settled without interest but full amount plus court costs :)

A & L Watch out buddy you are next 2007!!!!

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Cheers, all printed out and ready to go, with a copy of schedule of charges.

 

Started 25th Sep 2006 - got cheque on 4th December 2006. Settled without interest but full amount plus court costs :)

A & L Watch out buddy you are next 2007!!!!

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  • 2 weeks later...

Letter received today ..

 

I refer to your letter of 23rd October 2006 and, as requested, I have reopened your complaint and a further review is being undertaken.

Please accept my apologies for the delay but I hope to respond to your complaint shortly, and in any event, in due course.

Please be assured that every effort is being made to bring your complaint to a satisfactory conclusion.

Signed by Neil McKirdy, Customer Relations Manager.

 

Ok looks standard to me, after reading a few other threads it seems that I am better off going to the court and asking for an N1 form rather than filling the MCOL as its a joint account...am I right in thinking this?

 

Started 25th Sep 2006 - got cheque on 4th December 2006. Settled without interest but full amount plus court costs :)

A & L Watch out buddy you are next 2007!!!!

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why dont they just give in.

 

I had the same letter over 4 weeks ago, as did many others. They must know whats going to happen next.

 

Cue N1/Mcol

Yorkshire Bank Plc £3553.77 Prelim letter sent 14/9/06 LBA sent 22/9/06, MCOL Sent 10/10/06 MCOL Notice of Issue Rcvd 12/10/06, MCOL Acknowledged 17/10/06, £929.00 Offer Rcvd, 03/11/06 - Rejected, 09/11/06 YB Defended, 10/11/06 Transferred to Local Court, AQ Returned;) 30/11/06 Copy of Banks AQ Received, 1 month extra asked for by Clydesdale, 09/01/07 £2140.00 Offer Rcvd, 09/01/07 - Rejected, 11/11/07 Allocation To Small Claims Track, Court Date Set - 05/03/07, 15/01/07 £2590.00 Offer Rcvd, 15/11/07 - Rejected, 07/02/07 £3773.77 Offer Rcvd (FULL), 12/02/07 - Accepted, 21/02/07 - Chq Received for FULL AMOUNT. :)

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Might be safest LK although I am pretty sure that you can print off an N1 online somewhere. If you look at my thread about joint claims, YB seem to be losing that battle so you might be OK with MCOL.

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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I think I shall get the forrm N1 from the court.....then I can ask a few questions while I am there :)

 

Started 25th Sep 2006 - got cheque on 4th December 2006. Settled without interest but full amount plus court costs :)

A & L Watch out buddy you are next 2007!!!!

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Ok looked on MCOL and I can get both Initials on there so thats what I am going to do...

I have got to the part *particulars of claim*...what do I type there?

And on the *amount claimed* do I put the amount plus the interest in there?

Help appreciated :)

 

Started 25th Sep 2006 - got cheque on 4th December 2006. Settled without interest but full amount plus court costs :)

A & L Watch out buddy you are next 2007!!!!

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There is help available in the bank templates library including suggested POC.

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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Right thanks, have looked and have another question.....I really dont have a clue when the account was opened, I know it says you can put just the year....but even then I am not too sure at all. If I put a year and its wrong can they throw it out for that?

 

Started 25th Sep 2006 - got cheque on 4th December 2006. Settled without interest but full amount plus court costs :)

A & L Watch out buddy you are next 2007!!!!

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I wouldn't have thought that was essential as long as you have the account number. If you are claiming 6 years perhaps you could put the dates the charges started and ended. The legal points are the main things to get in.

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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Thank you very much for that, shall re word it and hope it will be acceptable :)

 

Started 25th Sep 2006 - got cheque on 4th December 2006. Settled without interest but full amount plus court costs :)

A & L Watch out buddy you are next 2007!!!!

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1. The Claimant has an account xxxxxxx with the Defendant. 2. Since 19/09/00 the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £419; (b) Interest per S.69 County Courts Act 1984 of 8% - £71.83 continuing at 8% until judgment or settlement at a daily rate of £0.09p; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.

 

Is this right anyone, I have read that much I have confused myself and now sat not knowing what the hell I am doing...

This needs to be done today as no offer or anything has come in todays post..

Much appreciatted

 

..

 

Started 25th Sep 2006 - got cheque on 4th December 2006. Settled without interest but full amount plus court costs :)

A & L Watch out buddy you are next 2007!!!!

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Looks like the standard POC for MCOL to me apart from missing the date the account opened, but you have the account number so it looks fine to me.

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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Cheers, I really cannot remember when the account was opened so best to leave that out.....if it is needed then I am sure that YB will have to tell us that info....

Once again thank you

 

Started 25th Sep 2006 - got cheque on 4th December 2006. Settled without interest but full amount plus court costs :)

A & L Watch out buddy you are next 2007!!!!

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Ok have done the MCOL...fingers crossed I have done it right LOL...god my head has gone now its at the court stage...

Who needs the claim number?

And am I right in thinking I need to send a copy of the charges with interest to my local court and one to YB branch?

 

Started 25th Sep 2006 - got cheque on 4th December 2006. Settled without interest but full amount plus court costs :)

A & L Watch out buddy you are next 2007!!!!

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MCOL is saying issued 07/11/06......

I have also noticed that the court address is in Northampton.....I live in Wakefield....does that make a difference?

Do I send a copy of the charges to the Northampton court and one to YB now?

 

Started 25th Sep 2006 - got cheque on 4th December 2006. Settled without interest but full amount plus court costs :)

A & L Watch out buddy you are next 2007!!!!

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