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    • Well we won't need to see all of the documents. Your draft letter of claim should be a good start. In terms of the declared value – I have the impression that you declared a value which was in line with the retail price. Is this something you sold or that you return to a supplier? You will probably win this case but the value could become an issue. Please clarify
    • All of the services listed in the upload link to convert to pdf and/or edit pdfs are online, which means you are uploading your documents to another's servers for the merge, and whilst some claim to delete the files within a given timeframe, we have no method of validating this. And so I avoid this, as I do not want my personal and often sensitive information to be in the hands of another. I'll upload to my website and/or one-drive and provide shareable links instead, this way, I remain in control and everyone shall be able to access my documents - there's much, much more than just those two
    • If you simply respond to the NIP and request for driver's details promptly the police will simply process it in the normal way and either offer you an out-of-court disposal or take court action (and which of those will depend on the speed and limit and your eligibility). They do not routinely ask for proof of insurance and there seems no reason why they should do so in your case. £300 and six points is the fixed penalty amount for no insurance. It can be more if the case goes to court. There is provision for n unlimited fine, up to eight points or a disqualification.   That is all as far as the penalty goes. However, you should not dismiss it too lightly. An endorsement for No Insurance will probably double your insurance premiums in the first year. As well as that, if you also have one or two speeding endorsements, the increase will be considerably more. In fact in those circumstances some of the mainstream insurers will refuse to cover you at all and you will have to go to a "specialist" (which means very expensive) broker. 
    • I think we normally recommend people to follow the upload link
    • I removed them as they have my email address on them, and so shall repost them once my Snagit scrolling capture thing starts working (needs reinstalling I think as it keeps falling over); they are an email that runs over two pages, so would be best suited to a scrolling capture. As for multi page formats, this is harder as I have no tools available to merge documents, unless you can suggest any free ones that will perform offline merges without watermarking
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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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DLC - Checking My Credit File


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May be too late now, but usuallly I would advise you contact the following first after writing to the company concerned twice over say a 30 day period telling them they haven't (fully) complied:

 

Data Protection and Freedom of Information Advice - Information Commissioner's Office (ICO)

 

Doing the ICO bit first considerably strengthens any potential court action.

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  • 3 weeks later...

Update From SAR Request

 

Today I recieved a letter from Hillesden's stating that they had sent me everything requested and if I wanted a copy of my agreement I would have to send another £1 to get a copy of my agreement. Now i obviously dont mind sending another £1 but are they pulling a fast one and shouldnt everything been included with the original SAR request?

 

I will attempt to post a copy of the scanned letter recieved today onto this but excuse me if it goes a bit pear shaped.

 

I appreciate that there might not be many people around at the moment or if they are I am sure that getting those christmas pressies ready is more important so just when you get a chance i would appreciate some feedback. Thanks as always.

Edited by Paddywack41
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Thanks Tingy, that is pretty much what I thought and to date all they have sent me apart from the covering letters is 11 pages of transcript of calls etc since 2003, 2 pages of financial statement showing my payments since 2003 and 2 pages of abbreviations.

 

Do I now just send another letter to say that as part of my original SAR i would expect to recieve Original Document and copies of Default, termination notices etc, or is there a more formal letter that needs to go?

 

Thanks As Always

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I can only say what I've just done. I SAR'd my council and they sent everything about me, except they enclosed nothing about the business me and business rates. I phoned and asked them to send them asap as they'd omitted them.

 

Technically I guess they haven't complied with your request and I'm sure there's a formal letter for that. I'm pretty sure I've got one, but it's from a different source and not welcomed on this site, so if you want to go the formal way have a look in the library and if you get stuck, give me a shout.

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They may come back with something like CitiFinancial do and say the agreement/T's&C's don't come under the DPA

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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I never got a proper answer to my question as to why the agreement/T's&C's weren't covered by a SAR. All I did get back was that they don't have to send any documents. All they had to do was to give the personal data contained within those documents.

 

Also, as it is a DCA, they wouldn't normally hold the agreement. That has to come from the original creditor

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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I never got a proper answer to my question as to why the agreement/T's&C's weren't covered by a SAR. All I did get back was that they don't have to send any documents. All they had to do was to give the personal data contained within those documents.

 

Also, as it is a DCA, they wouldn't normally hold the agreement. That has to come from the original creditor

 

Right thank you. I can see their argument re only supplying personal information, but I doubt it would hold water under scrutiny.

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I think to be on the safe side I will send them the £1 and a formal letter requesting the info. Once the post office opens again I get it sent recorded and wait yet again.

 

Whilst waiting perhaps someone could answer this hypothetical question. The Egg loan in question having been defaulted in 2003 is now of the CRA records and at the minute my credit record has been rebuilt to the point where it is good. Should I proceed along this current course of action it is likely that I will eventually cease my monthly payment to DLC and they in turn will start to notify CRA of my failure to pay (whether the agreement is enforceable or not). If they do this will this failure to pay show up on my CRA records thus blighting them again?

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I think to be on the safe side I will send them the £1 and a formal letter requesting the info. Once the post office opens again I get it sent recorded and wait yet again.

 

Whilst waiting perhaps someone could answer this hypothetical question. The Egg loan in question having been defaulted in 2003 is now of the CRA records and at the minute my credit record has been rebuilt to the point where it is good. Should I proceed along this current course of action it is likely that I will eventually cease my monthly payment to DLC and they in turn will start to notify CRA of my failure to pay (whether the agreement is enforceable or not). If they do this will this failure to pay show up on my CRA records thus blighting them again?

 

The answer is yes, they would show up on your credit file and spoil your credit. You don't deny owing the money, so why stop paying? You've done well so far getting your credit restored, keep up the good work!

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Oops...hopefully that is it fixed now. Babybear...i removed the letter (as it wasnt all that informative).....but cant deletel the copy shown on your post...perhaps you could oblige. :-)

Edited by Paddywack41
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