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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.

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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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MBNA S.A.R - What a shower!


PhantomReclaimer

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Recieved response to S.A.R - (Subject Access Request) from MBNA today (2 days before the 40 day limit). What a load of rubbish these people do write.

 

They say; "As requested, we have enclosed copies of your statement information."

 

They have not provided me with what I requested. I asked to be provided with "...details (account numbers, inception and closure dates, etc) of any credit card accounts I have previously held with the bank, along with a summary of all charges made to those accounts showing the date and amount of each charge and the reason for it". They have provided partial details of the charges only, from Sept 2000 to March 2002, (the account was open for several yers and I have a statement from pre-2000 which shows a charge) and nothing relating to the other information I asked for, ie; inception and closure dates.

They go on to say; "On this occasion we have provided this information to you free of charge."

 

True, but then it's incomplete.

 

Then; "Should this information not be sufficient, and you wish to make a full data protection subject access request....., please complete and return the attached form.". "Please ensure you include the fee of £10..... and appropriate ID"

 

Astonishing! I did make a full SAR with my first letter - the fact that they chose not to charge me for it is neither here nor there. Secondly - what's this ID crap all about? They already know full well who I am or they wouldn't have sent me what they already have.

 

This is just the situation I had with Northern Rock, it's a cynical attempt to try and prevent you claiming everything you are entitled to. All this behaviour is going a long way to easing my conscience about applying interest at the unauthorised contract rate to all these schisters.

 

P.

Northern Rock; S.A.R sent 11/8/06 - Delivered. Recieved details of 6 yrs charges on 8th. Wrote back asking whether or not they hold information going back further than that.

MBNA; S.A.R sent 11/8/06 - Delivered 14/8/06

Barclays; S.A.R - (Subject Access Request) request sent 11/8/06 - Del 14/8/06

Diners Club; S.A.R sent 11/8/06 - Delivered 14/8/06. Recieved form to fill and return with fee on 17/8/06. Sent form back, delivered 4/9/06.

Intelligent Finance; Prelim letter emailed 16/08/06, claiming £318. Email recieved from "Anne-Marie" 17/8/06 saying my email has been passed to Customer Relations dept. Fob-off letter received 23/8/06, letter sent in return same day - Delivered 24/8/6 Recieved letter offer 25% settelement - refused - LBA sent. MCOL on 10th revcieved notification that they intend to defend on 13th. 06/9/2006 WON!!!!!!

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Guest colliers

My 40 days is up on sunday 24/9/06 and still no sign yet from SAR request, if it is late or incomplete im sending LBA anyway giving another 7 days as stated in templates letters to get info requested and include charges etc to refund of charges

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PR

 

I had the same and have sent several letters requesting full discolsure under the DPA as i orignally requested.

 

It culminated in a LBA for non compliance.

 

Ive been pretty busyin the office and am at the stage of putting an n1 in to the courts. However, i recveid a phone call from Mr Tunniclife regarding the LBA.

 

So i asked him if he wanted to deal with my LBA for charges.

 

I will speak with him regarding this as he asked for a copy to be faxed over wednesday.

 

So i reckon go through due porcess to allow you to submit a claim but dont be surprised if you get a phone call.

 

HTH

 

Glenn

 

PS when i sent him my LBA for charges I put in a schedule of costs up until today plus compund interest.

 

Since he never rang today i consider my self free to continue with action both under sec 7 and for the relcamaition of charges.

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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So i reckon go through due porcess to allow you to submit a claim but dont be surprised if you get a phone call.

 

 

I'd be amazed as I haven't given them my number. I purposely didn't give it to any companies as I don't want to communicate by phone - only in writing.

 

P.

Northern Rock; S.A.R sent 11/8/06 - Delivered. Recieved details of 6 yrs charges on 8th. Wrote back asking whether or not they hold information going back further than that.

MBNA; S.A.R sent 11/8/06 - Delivered 14/8/06

Barclays; S.A.R - (Subject Access Request) request sent 11/8/06 - Del 14/8/06

Diners Club; S.A.R sent 11/8/06 - Delivered 14/8/06. Recieved form to fill and return with fee on 17/8/06. Sent form back, delivered 4/9/06.

Intelligent Finance; Prelim letter emailed 16/08/06, claiming £318. Email recieved from "Anne-Marie" 17/8/06 saying my email has been passed to Customer Relations dept. Fob-off letter received 23/8/06, letter sent in return same day - Delivered 24/8/6 Recieved letter offer 25% settelement - refused - LBA sent. MCOL on 10th revcieved notification that they intend to defend on 13th. 06/9/2006 WON!!!!!!

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I didnt give it to them except when i had my card with them, funny thing is they found my number even if they couldnt find my statements!!!

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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