Jump to content


  • Tweets

  • Posts

  • Recommended Topics

  • Our picks

    • 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
        • Like

noomill060 v Woolwich


noomill060
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6136 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

This is my first post.

 

Ok- story to date.

 

They owe me £30 for bounced DD and anything else I've forgotten about.

 

Sent library template Subject Access Request to Woolwich/Barclays for transaction info under DPA on 20 Sept 06 by Recorded Delivery.

 

Today, 25/9/06, recieved this letter:

 

Quote: "Dear noomill060,

 

Data Protection Act

 

We refer to you letter of 19 September, which was passed to this department for comment due to you request for certain information under the terms of the DPA.

 

As requested, a scheduel of charges is in the course of preparation and this will be sent to you shortly by the Woolwich;there will be no charge for this service. as the Bank is providing this information on a complementary basis, your cheque is returned herewith.

 

As regards your mention of "manual intervention", the DPA does not obliege the Bank to comment about internal polices and procedures. Further more, the the context of managing day to day transactions arising from out of order accounts, the Bank does not hold the information you requested in a form that would be covered by the DPA. Whilst aggregated information is retained for statistical purposes, this would not constitute "personal data" under the DPA and therefore would not be covered by a s.7 DPA subject access request. For the avoidance of doubt, the fact that we do not generally record information in a way that is caught by the provisions of the DPA, is in no way an admission that there was no such manual intervention.

 

Yours sincerely,

 

Peter Townsend

 

Manager, Barclays Data Protection"

 

End quote

 

(and 60's rock guitar legend, he wishes.)

Link to post
Share on other sites

Good news!

 

The Woolwich statement on all transactions arrived this morn. (30/9/06)

 

The charge of £35 that they made for bounced DD, on 9/7/06 was mysteriously refunded on 15/9/06. Apparently.

 

Five days before they even recieved the SAR.

 

So, thats the Woolwich dealt with.

 

Barclaycard, Morgan Stanley CC and Student Loans Co are next on the list.

 

I suspect they may be a little more reticent...

Link to post
Share on other sites

  • 1 month later...

Last week I realised that Woolwich havent actually complied with the SAR and only sent me details of the one only charge for unpaid direct debit.

 

I used the template SAR request requesting details of all transactions and charges, any legal actions etc.

 

I wrote to them a week before the 40 days were reminding them that they only had a few days to comply, including a copy of the SAR.

 

On Saturday I got a letter from Pete Townsend at The Woolwich stating that details of all "transactional charges" had been sent and refunded, so WTF did I actually want?

 

All details of transactional charges have indeed been sent and refunded, thank you Pete, but you havent provided any of the other info I asked for. Do any of your minions actually read English?

 

Their additional 7 days are up tomorrow.

 

Hi ho, hi ho, its off to county court we go...

Link to post
Share on other sites

  • 3 weeks later...

Cant be arris'd doing the court thing at the mo, Ive got Morgan Stanley and Barclaycrud to barbeque first.

 

Sent complaint to ICO instead to give Woolwich a bit of grief while I sort their friends at Barclaycrud and MS out

Link to post
Share on other sites

  • 5 months later...

Woolwich remain in breach of my S.A.R - (Subject Access Request) request sent last September.

 

Complained to the Information Commissioners Office about this and this morning recieved this letter.

 

"Dear noomill060,

 

Data Protection Complaint- Barclay Bank re. The Woolwich.

 

Thank you for your recent email comunication regarding your complaint against Woolwich.

 

You wrote to inform us that despite the assurances, Barclays had fail to furninish you your account statements.

 

As Barclays have seemingly failed to respond to your SAR in its entirety, I have taken the decision to refer the matter to our Regulatory Action Division for further consideration. You will be contacted by a Remedies Officer in due course.

 

I would like to thank you for you continued patience during the interim.

 

Yours Sincerely,

 

Matthew Negus."

Link to post
Share on other sites

  • 3 weeks later...

Have this afternoon filed a Small Claim to enforce my S.A.R - (Subject Access Request) and I claim damages of £200.

 

I've just done the same with Woolwich's friends at Barclaycard. They caved in and settled out of Court for £200:

 

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/62596-noomill-barclaycard-r-subject.html

Link to post
Share on other sites

  • 2 weeks later...

Recieved letter from the Information Commissioners Office. My complaint about Woolwich SAR non-compliance has been refered to their Regulatory Action Division.

 

This means that a criminal action is being considered against the Woolwich.

Link to post
Share on other sites

  • 5 weeks later...

I issued a SAR non-compliance small claim against Woolwich which they had until 26 June to respond to.

 

They didnt and I applied online for a Default Judgement at 00.01hrs on 27 June.:D

 

Yesterday, they entered a notice of dispute :eek: and today I recieved a letter from their solicitors askind me to contact them with a view to settlement. :rolleyes:

 

Woolwich (in the interim and under pressure from the ICO Regulatory Action Division) have supplied me with all but three of my statements.

Link to post
Share on other sites

Hi noomill

 

Yep, I had an offer to settle full amount (after claim issued). I accepted on condition that they not only satisfy my costs but still comply with the original SAR in question.

 

They haven't responded to my letter and their time is up so I've now recalculated my costs which are still under £150.

 

In the meantime, they've put in a poxy Defence which is full of holes so looks like they're going to let it go all the way to court.

 

I think their motive is to avoid providing the list (if you settle and sign their letter you waive the right to pursue your SAR).

 

I've now put in a Prelim Letter using estimated SOC and explained that this is due to their non-compliance (even quoted court case number for them). I offered to amend my Prelim SOC if they are prepared to provide an accurate list of charges.

 

Will be interesting to see how they handle these two claims.

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

Link to post
Share on other sites

Perhaps they have simply adopted a blanket attitude to anything over 6 years.

 

I would like to find some examples of people receiving pre-6yr account details or some nice person who works/has worked for Woolwich to confirm what the official line is that staff are asked to tow when dealing with these requests.

 

I find it extremely hard to believe that their IT system literally wipes off all customer account info that's more than 6 yrs old, I really do.

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

Link to post
Share on other sites

Sorry to butt in guys!! Am part of the Lloyds TSB forum and have my own thread running in that. Going to court with them on Fri!! On my thread, I have also been talking about my husband's claim for £19000 (yes you did read that right!) in Bank Charges from the Woolwich. Well he adopted a different route, and phoned them regularly threatening them with court action. Initially he was offered £1000 (as a goodwill gesture) which we obviously turned down. He chased them up again last week and 2 days later received an increased offer (another goodwill gesture) of £14235!!!!! We have accepted this and are just sitting and waiting for payment. So keep going- it'll work out in the end!!

Steph

Link to post
Share on other sites

So hang on for another two or three months more and get another £5k+!

 

How long would it take you to save that amount in your piggy bank?

 

Jayzuz- more money than sense, some folk.:(

Link to post
Share on other sites

Go for it richeratlast.

 

You probably will eventually recieve an offer for the full amount- after lots of tempting offers for less!

 

Just depends how determined you are to get all you hard earned money back.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...