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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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Help With Various Debts Please


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To Clarify the Data Controller is the company officer responsible

for the control and protection of all data within a companies control.

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

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Ok send the failed SAR I linked you to above to the DCA....might as well press them for the stuff that you know is missing :lol:

 

Send a new SAR to the original creditor....you should be in time to get at least the last statements of the account from their perspective.

 

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:oops:

 

I really didnt know that what a plonker.

 

Do i really need to send it tot the original creditor then, and why have i got all this info then ???? did the DCA pay £10 to the original creditor then cash my money money in to there account ??? can they do that .

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DCAs will only have data from the time they aquired the debt,

as debt is sold in bulk with little more than the name address

etc of the debtor the amount OS and the OCs name!

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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Ok so this hasnt put me in a difficult position to where they have any further details then ?

 

I will send the DCA the failed SAR letter and see what they reply with maybe the vultures will just bugger off and leave me alone !

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:oops:

 

I really didnt know that what a plonker.

 

Do i really need to send it tot the original creditor then, and why have i got all this info then ???? did the DCA pay £10 to the original creditor then cash my money money in to there account ??? can they do that .

 

If you want to find out what the status of the account was when they passed it to the DCA then yes.

 

Also is the information ive received actually from the original creditor or has the DCA got hold of it first then messed about with the papers ??

 

As Brig says, it will be the data that the DCA hold on you. They cannot pass info held by a third party.

 

Ok so this hasnt put me in a difficult position to where they have any further details then ?

 

I will send the DCA the failed SAR letter and see what they reply with maybe the vultures will just bugger off and leave me alone !

 

No it hasn't put you in a difficult position. If the DCA are chasing you for a debt then they must have some data for that debt and if they are not providing that data to you then they are in breach of the DPA

 

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:-) Its ok unfortunately u have to talk to me in English when it comes to this sort of thing lol.

 

Again ill send the failed SAR to the DCA then see what there response is. As im sure the account was closed at £0 then i hope they will just bugger off and then ill send a cease and desist.

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  • 3 weeks later...

Hi chaps

 

well my update is as follows. I sent the £10 for the SAR which i received but unfortunately (for them) it didn't have any information regards this so called overdraft i owe. :-)

So now they have a further 2 days untill the time limit runs out for them.

Lets all keep fingers crossed and hope they just disappear like the rest of them have. Untill then i shall wait untill Monday then send a cease and desist letter i suppose ??

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  • 2 weeks later...

Afternoon Caggers

 

Update on my so called 1700 overdraft i apparently owe. I sent the SAR to the monkies they sent back all info EXCEPT the information needed and before i had the chance to send a cease and desist letter, they have sent me a letter stating all communication will cease untill they find out where the information has gone so i think i have won again yaaaaaaaaaaaaa thank you guys !!

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