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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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HFO Claimform - old M&S Store card **DISCONTINUED**


MAGDA
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Thanks coledog, will have a look:-)

 

Would be great if they didn't proceed with mine, you never know, fingers crossed.

 

Magda

 

Hi Magda just to offer you some surport CD did a great job on my defence and like CD said they never responded to it :) good luck. will pop in now and again to see who you are doing.regards Gloryhunter :)

:) HFO fan club member :) HFO V GLORYHUNTER ( WON ) :)

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Hi Magda just to offer you some surport CD did a great job on my defence and like CD said they never responded to it :) good luck. will pop in now and again to see who you are doing.regards Gloryhunter :)

 

Hi gloryhunter, many thanks for your support and glad you had such a good outcome with HFO.

 

I really appreciate all the support I have received from everyone so far - makes a big difference.

 

Magda:-)

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They have 40 days to reply, they will

claim that they have only 6 years records

but they should retain the records for

6 years after the account is closed.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Hi, thanks Brigadier. Had a letter from m&s this morning in response to my SAR. They have sent a form for me to sign, which they say they need, as proof of my signature, before they can supply the SAR. So, that has delayed any response by another week or so.

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This should not delay it - it is up to them to keep within the 40 day deadline no matter what additional info they request. Add to the form that you are expecting their prompt response.

Please support CAG and they will support you.

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It's ok giving a signature on A SAR but you are not obliged to as they

are already sending confidential mail to your address any way.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Alternatively state you are prepared to collect from branch and will produce ID on collection.Ask them to confirm what day it will be ready for collection:-D

 

Andy

We could do with some help from you.

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Hi All. M&S state in their letter that it will now be 40 days from when they get the signed application back.

 

 

I actually said in my SAR request that they have previously sent sensitive information to my address

and were quite happy to do that, but I think with M&S this is something they do, for no good reason.

 

 

It would be a great idea to pick up the stuff in branch,

but with M&S don't think i'd be able to do that unless it is all sent to their financial section where people take out store cards etc?

That would certainly speed things up a bit.

 

 

Will add a note as you say, coledog, saying that I will expect the 40 days to commence from my original request.

 

I always wonder how much in league these companies are (Original creditors) with the DCA's they sell to.

 

 

I had a big Cabot case recently and MBNA were really obstructive when it came to the SAR and with providing any general info at all.

 

 

I know that Cabot were constantly in contact with MBNA and on first name terms,

so makes you wonder how much information they actually want to give you.

 

many thanks, Magda

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Covering their backs Magda, just in case the

get reported to the ICO:madgrin:

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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  • 4 weeks later...

Hi Coledog, Defence has been done as I adapted a previous defence I had used,

but with the relevant changes for this case. A

 

 

lso, did a part 18 request a couple of weeks ago, so should hear back on that in the next couple of days or so.

 

 

Also waiting to get the response to SAR, which should be in the next couple of days also.

 

 

Will let you all know when I get any responses and also will definitely be needing a lot of help along the way!

 

 

Will also get around to posting the relevant docs up which I know will make it easier for people to help if all the facts are there.

 

Many thanks for looking in, will update as soon as I have any news.

 

regards, Magda

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  • 3 months later...

Hi, does anyone know how compliant M&S default notices were back in 2004(ish). I have seen some of their default notices from around 2009 or so and they give 14 days from the date of the notice (which clearly breaches legislation) but not sure what sort of wording they used before. I think the wording has now been changed again, I suppose because M&S realised their mistake.

 

Any exmaples of M&S DN's from around this period or info on this would be greatly appreciated!

 

Magda

Edited by MAGDA
typo in title
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  • 1 month later...

Hi, without going into too much detail,

 

 

does anyone know the official company registration details of HFO Capital Cayman Islands and do they still exist as a company?

 

 

I found an official registry site for the cayman islands which allows searches for all companies registered in the Cayman Islands,

 

 

but there is a charge of $36.

 

 

I have the details for HFO Capital Dublin and HFO services etc,

 

 

but would be interesting to see Cayman's details as well.

 

Many thanks, Magda

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Thanks for that coledog, that's a huge help. If HFO cayman's licence lapsed in 2010, does it automatically follow that they were trading as a company right up to that point, or could the company have ceased trading, but the licence had been due to run for a while longer anyway, and just ran its natural course. I've been wondering when exactly Cayman ceased to function as a company in the true sense, i.e., they obviously had to be incorporated as a company in the Cayman Islands, and wonder when this ceased to be the case. I know they sold accounts to HFO Dublin in 2008, but the 'sale agreement' only allows for the sale of their existing portfolio of debts and any pending accounts - it doesn't say future accounts, which is the wording used on the sale agreement between Cayman and HFO Services. That agreement states that they assign their existing debt portfolio and any future debts - the use of the word pending on the 2008 agreement seems odd and quite limiting.

Many thanks, Magda

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  • 3 months later...

Just to update, my solicitors, Watsons, have successfully defended this which is fantastic news - they are a brilliant firm and my solicitor, Gwyn Jones, has put in a huge amount of work throughout and has remained one step ahead of HFO all along. If anyone has problems with HFO, it is definitely worth seeking legal advice as these cases can be very difficult to defend on your own. I'm not completely clueless about Consumer law, but I really don't believe I would be in such a good position now if I had continued to handle this case myself.

 

Good luck to anyone else in a similar situation, just goes to show HFO can be beaten!

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