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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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RBOS Loan mystery!!


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as you have pointed out it does not sound right i think it would be best to get all your statements from the bank who were making the payments the write to trito and request a ful audit trail of all payments made because somewhere there will be a paper trail as to where the money has gone

if you think something fraudulent has been occuring report it to the fraud squad but i think you will need some evidence before you can do the latter

rgds

patrickq1

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Triton operate from a certain place in Telford called CMS.......this is the office that manipulate accounts ( as Paul & I have discovered ) although they say your account is still in its original state ( as a current account)you will possibly discover, if you investigate deeply that you will have a "Router Account"..................... in your DSAR specifically ask for details and records of this "Router Account" should one have been allocated.

They will more than likely, be reluctant to supply you with this given the state of affairs at this present time.

 

sparkie

thanks sparkie

as you know my nat west account is at telford, it was 12500 in 1992 i dare'nt think what it will be now only one problem they have never contacted me since but they do have a charge on my property but have you seen my post BANK LIBEL

patrickq1

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  • 4 weeks later...

if I record our conversation and get their name etc and them to clarify, without doubt, that the payment is an early settlement figure in full and final payment - then if they try it on I can use that evidence in court??

 

yes it can be used in courtroom as evidence provided you can get them to clarify that this is in full and final settlement.....router accounts are a means of hiving money of and mostly used as collatrel when they split and sell packages of the same loan the itrest is a trick rbs use to show the client who is buying that he is getting a garaunteed package with x amount profit...dont for one minit beleive that this guy from triton is offering full and final it is like pesh said a trigger to begin the loan proccessing and you have agreed to this as far as they are concerned so the golden rule is get everything recorded and in writing even if you ask him just send a quick e mail confirming this position,then you got it 300 is a joke price and all they will do is sell the remaining debt to some other lowlife company who specialise in hounding people and creating fear...just remember you control this situation not them....also you must DSAR AND CCA RBS ,whilst continue the payments this way Triton wont know you have Dsar RBS you need the full audit trail and also anything pertaining to the router account....

patrickq1

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one more thing the change in the itrest rate without your agreement is naughty and when you DSAR make sure you have the contract see if it has anything in it about loan changes in intrest and if it is a fixed rate...you can see what pesh has said its a trigger for you to agree to the new intrest rate change so BEWARE as it is you have grounds to suspend payment until they come clean..

patrickq1

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sorry just read your last post...1st you need to begin with a LBA (LETTER BEFORE ACTION) this way you are giving them a final chance you come clean return the overpayments of face a judge who for all accounts would intigate payments due to you but dont LBA unless you mean to go ahead with it...if i was in your position i would nt think twice i would start the action within 10 days of the warning letter make sure it is sent to RBS HEAD OFFICE ,do not allow them time to obviscate take the action also claim the same intrest they were asking plus damages if they have mucked up your credit file you need to check with experian first but be armed and ready by tuesday this week and go for it

good luck

patrickq1

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  • 2 weeks later...

in your DSAR did you specifically ask for details and records of this "Router Account" i am thinkin you have had a reply from triton and not rbs ? if RBS are telling you they have no HISTORY then we got a different ball game oh yes absolutely claim the 8% intrest and all costs,ie postage calls etc , with regards to any actions you may wish to take yes letter before action and adapt to suit,i would be inclined to use the threat that you are considering asking trading standards to intervene in this because you suspect a that a person or persons have commited fraud and you have been advised to go to trading standards to open up an investigation then present the bill for what you beleive you are owed and also if it comes to it i suspect that your contract never existed for more years than you can remember ,am i right in thinking that the bulk of the payments went to RBS and the remaining couple of years went to triton ,think i will have to re read this thread then start on it tommorrrow ,

you have the BANK ACCOUNT NUMBER FROM RBS AND PRESUMABLEY TELFORD if so then i will post a letter on here tommorow that you send to BOTH RBS AND TELFORD gotta get to the bottom of this because all the companies mentioned must keep records for 7 years otherwise a charge of maneylaundering shall be brought to their doorstep this is a criminal offence and not one of them want this on their doorstep

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WHAT WAS THE LOAN BALANCE AT OCT 2005..AND HAD YOU AGREED AND PAID 50.00 PER MONTH EVER SINCE ?

16.1.08 YOU ASKED FOR A COPY OF LOAN AGREEMENT FROM RBS ? ON THIS SPECIFIC DATE AND IT TOOK ALMOST THREE MONTHS FOR THE TO AKNOWLEDGE WITHIN THERE DEPARTMENT THE REQUEST ?

5.3.08 letter in from cust blah blah - he advises he has requested a copy of loan agreement however he has only received one loan statement. blah blah - Customer advised copy loan agreement ordered and we will contact him again in due course. SO NO COPY OF AGREEMENT HAS EVER BEEN SENT

12.4.08 ***unable to locate Loan Agreement Form

SO NO AGREEMENT EXISTED AT THIS DATE ? AT THE DATE 12.4.08 CAN YOU TELL ME HOW MUCH YOU HAD PAID UPTO THIS DATE

 

30.7.08 unsecured deal made £200

SO THEY CONTACTED YOU 3 MONTHS LATER WITH A DEAL FOR 200 PM.

I AM PRESUMING YOU WERE CONTINUING WITH THE NORMAL PAYMENTS OR HAS THIS PERIOD BEEN MISSED

23.9.08 Text msg sent reminding of payment

 

9.8.9 broken payment arrears letter sent.

 

17.8.9 complaint letter rec'd re arrears letter

YOU MADE YOUR COMPLAINT BECAUSE YOU HAD NOT MISSED ANY PAYMENTS BUT THEY COULD NOT ACCOUNT FOR THESE PAYMENTS THEN THEY SENT YOU AN APOLIGY SO YOU HAVE BEEN PAYING 200 PM FOR

SO YOU WOULD HAVE PAID IN THE 13MONTHS PERIOD 2600.00

THEN A FURTHER 6 MONTHS AT 200.00 = 1200 MAKING A TOTAL OF

3800.00

 

As this doesn't equal the balance of around £3,900 that was outstanding in Jan!! WHICH JANUARY 1.1.10 ? HAD YOU CONTINUED WITH YOUR PAYMENTS

he said that no payments had been received to the account since 1st week in Dec 2009

BUT YOU MAINTAIN THE PAYMENTS CONTINUED AT THE RATE OF 50.00 PER WEEK UNTIL ?IF FROM THE ABOVE DATE THIS MAKES A FURTHER 2600.00 FOR A FULL 52 WEEKS ...?

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what follows now is you need to Subject to access the rbs with this adapt to suit ,they still have not fully complied with your cca but send this along with 10.00 pounds cca is 1.00 SAR 10.00

[your address]

 

 

 

[their address]

 

 

[DATE]

 

 

 

 

 

 

 

 

 

Dear Sir/Madam

 

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

 

Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time.

Please note that I require disclosure of any personal data which you hold on me for the entire period of my dealings with you.

The Subject Access is not limited to my transaction history and it is not limited merely to 6 years of historical information.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties or charges which are invalid under the Unfair Terms in Consumer Contracts Regulations against me, then I shall be reclaiming them together with any interest charges which you have levied on them.

As it is your wrongdoing and mishandling of my account which has created the necessity for this Subject Access Request, I shall also be reclaiming the enclosed £10 DPA subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

I would be happy to collect the Data from my local branch.

 

 

Yours faithfully,

 

 

[signature]

 

 

[name]

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Patrick I sent a full Subject access requestlink3.gif request on his loan account (with £10 fee) on 20th Jan (2nd class) however, (I have just noticed!!) it does say on the covering letter The Data enclosed is only data held within this department. However, you should sbhortly receive, under separate cover, information held by other departments within the bank.

so they have yet to send the full statements also the agreement,i geuss it was triton who say they have no agreement...

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yes they have yet to send data concerning the subject to access request and promised to send later,from what ive read it looks like the overpayment could be as much as 3000.00 plus,extra intrest has further been added beyond the contract agreement ,but with the back page of the origional contract stating it was a fixed finance load ,so without agreement this etra intrest has been added possibly because their was an initial default but this was cleared up due a office error on their part,

i think what is needed in this is the agreement but we know this is highly unlikely that it will ever surface if this is the case ,what should she do ,

i have a feeling this has been penalised way about the origional credit agreement by almost 5000.00 .so all that can be done on this thread is await the SAR to arrive..but in the meantime you need to write to triton the HARRASSMENT LETTER ,this ensures no more phone calls,you must not speak with them on the phone under any circumstances..

then when and if the contract arrives it can be looked at in detail,and see what the next mve is best,i suspect it will have to be a LBA letter before action and you have asked what is a NOA it means notice of assignment..you will need to see this,you should first have been served with a default notice secondly the debts sold so you should receive a notice of assignment from the origional company,so you need sight of this but i suspect this has not happened ..

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also don't forget that the 6 year SB rule works both ways

this is true STATUTE BARRED (SB) 6 year rule ,but if its only just been discovered that there has been overpayments that has gone on and on without the DCA informing them that an oversight had occured then i think it can then go back to the OC and the SAR stands and should be complied with imo

patrickq1

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  • 3 weeks later...

it seems it was triton who were witholding monies without passing it back to rbs until they were caught out...i think whats happened here is that extra interest and charges were added becuase of triton witholding the monies ie the 7000 plus and eventually when it was queried triton has paid it over but penalties have arrived at the door that should nt have happened this is why both triton and the bank are trying to withold information and are deliberately trying to frustrate any claim,perhaps they are thinking along the lines of statute barred and also it does not look like the contract loan has been consolidated in the correct fashion hence no contrac is available...imo

patrickq1

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yes it is in the ICO all the data is their about keeping records,what needs to be done on this occasion is foxy needs to write a letter of complaint explaining to the information commissioner ,the documents she has requested are not forthcoming and between rbs and triton they are trying to frustrate your access to all data they hold including any possible data in any other account ie a router account..she need nt bother the ICO with any details of the case just her request for information is being refused

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this is why a letter needs to be written to the information commisioner and just put it that they are being very unco operative and are refusing to divulge information as you have reason to beleive they have and are trying to conceal the fact that their has bee an act of gross administration to your detrement..

patrickq1

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• Analyse the usage of dates in the Hirep system, analyse the impact of not converting parts of the system to be Y2K compliant.

• Transformation design, code changes, system and integration testing.

Edited by patrickq1
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it is possible it could mean your data has been by the looks of things adjusted to some extent ,possibly they thought they were clear of the the whole affair and may possibly have re issued different data to what you think you have and what they think they have ,hence the term hirep data adjustment hope you can understand that and if it has gone to rbs and telford then we all know what happens their they may have boosted figures or altered the data ...so it needs the complaints going in to who ive already said to complain to... hope that makes some sort of sense to you

patrickq1

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