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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.

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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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Lloyds bank harassment - taking them to court for damages. **WON***


Systemerror
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Is this significant?
their offer was without admission of liability ie WP re the offer, but the letter itself was not WP? seems they used that to substantiate request for more time to submit amended defence ie them saying we tried to settle hence why no defence but now need more time to submit defence? also, it might be used re costs if applicable. Edited by Ford
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It's now four months since I served my data subject access request. I have spoken to their DSAR team every couple of weeks pretty much since they went over the 40 days to chase up outstanding data. Each time they say they have the data I have asked for and will send it out at the end of the week but they never do.

 

In addition to data that I already have (Phone recordings, statements etc) I would like to inspect this outstanding data because I believe it supports my claim against the bank. I believe the bank is witholding it in an attempt to hinder the prosecution of my claim.

 

Am I able to use Court Procedure Rules yet to force disclosure of this data?

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there would be standard disclosure at some point, small claims exceptions.

there is also civil procedure rule 31.14 re anything they state in their defence, and cpr 18 re info. again, small claims exceptions though once/if tracked to small claims.

have you complained to ICO?

poss could consider including in claim re sar non compliance, but that would prob require amendment and poss costs consequences?

don't know full details as seems some via pm, so excuse if wide :)

Edited by Ford
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As my particulars of claim were inprecise in the first place ( Where I naively just stated that my claim was only for damages resulting from harassment pursuant to Section 3 of the protection from harassment act 1997 ) the judge invited me to submit an ammeded particulars of claim setting out precisely what the particulars of my claim are. I took this opportunity to add to my claim their Breech of the Data Protection Act. I have set out in the particulars that LLoyds have not provided all my data, and some of what they have provided is on a CDROM that is infected with a key-logging virus which makes the data useless to me. Some of this data is evidence that supports my claim.

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No tracks allocated yet. (although AQ questionnaire filled and returned)

 

Next step is for lloyds to file their ammended defence ( resulting from my ammended claim ). They failed to do this by the date set by the judge previously, instead trying to buy me off with their offer in previous post.

 

They have asked for an extension to file defence which the judge granted ( although not giving them all the time they wanted ) this expires very very soon.

 

If they file a defence, the data I need is necessary for the easy prosecution of my claim.

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ok, until allocated could still try and use cpr 18, and 31.14 if required. or maybe wait to see if they file amended defence (partic re 31.14)?

if ends up non small claims then there would be the normal disclosure. and 18, 31.14 available

Edited by Ford
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I have today received the Bank's defence.

 

It very much seems to be a copy and paste job. It gets my sex wrong in places and has quite a few mistakes in it but a defence is a defence I suppose.

 

The main thing is they admit to parts of my claim and as to the bits they deny, I have the evidence I need.

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Just to say we got the message.

I imagine he will respond when he has looked at it.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Ford please dont take this view.

There is a very good reason here and exeptional.

Your input here has been good and it is quite right that you are kept abreast of things-which I am sure that you will be.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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good that my input has been 'good'. but no offence, but am 'out' so don't want to be kept 'abreast'. good luck systemerror.

Edited by Ford
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Here is my response to their letter in the earlier post no 38 again redacted and layout messed up just for caggers:

 

 

 

 

Any bits of this and my POC that don't seem to make sense are because of the removal of personal data and dates etc....

Edited by Systemerror
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Two things have happened today.

 

1) I have received Notice of Allocation to the small claims track (Hearing) for early next year.

Parties to serve on each other and file at Court copy documents on which they intend to rely etc. Original docs to be brought to hearing. Parties to try to agree the nature and cost of any repairs, remedies , work or losses claimed, subject to liability. Date and time of hearing. To take 2 hours. Hearing fee of £325 is payable by claimant unless claimant applies for fee concession etc ......

 

2) I have received a huge bundle from Lloyds DSAR team. They still have not provided the record of telephone calls that I have asked for. Interestingly, they have provided written transcripts of their own internal telephone calls regarding this matter. There is a call where my bank manager is instructing them to remove my number from their systems, but whoever she is speaking to says she will only do this for 14 days! - despite tyhis, the calls continued.

 

 

 

 

I understand the Notice of allocation but what is this bit about

Parties to try to agree the nature and cost of any repairs, remedies , work or losses claimed, subject to liability
?
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  • 1 month later...

Just a quick update:

 

I shall be having a nice® Christmas due to my claim being settled (Without liability and for commercial reasons only) in full. Thanks to CAG and some particular individuals for your encouragement and support.

 

The bottom line is that you should expect a company to be happy to write to you if you ask them to. Why wouldn't they want to unless of course they want to bully you? The Protection from Harassment Act 1997 is beautifully clear about what harassment is. A course of conduct (Two or more calls in my case) which a reasonably minded person with the same information would consider to be harassment - constitutes the threshold for harassment.

 

If you have been receiving unwanted calls for whatever reason, I hope this thread gives you some encouragement to take a stand.

 

Systemerror.

 

 

 

 

 

 

 

 

 

 

 

 

PS:

 

During my research I discovered this:

 

 

Unsolicited calls for direct marketing purposes

 

21.—(1) A person shall neither use, nor instigate the use of, a public electronic communications service for the purposes of making unsolicited calls for direct marketing purposes where—

(a)the called line is that of a subscriber who has previously notified the caller that such calls should not for the time being be made on that line; or

(b)the number allocated to a subscriber in respect of the called line is one listed in the register kept under regulation 26.

(2) A subscriber shall not permit his line to be used in contravention of paragraph (1).

(3) A person shall not be held to have contravened paragraph (1)(b) where the number allocated to the called line has been listed on the register for less than 28 days preceding that on which the call is made.

(4) Where a subscriber who has caused a number allocated to a line of his to be listed in the register kept under regulation 26 has notified a caller that he does not, for the time being, object to such calls being made on that line by that caller, such calls may be made by that caller on that line, notwithstanding that the number allocated to that line is listed in the said register.

(5) Where a subscriber has given a caller notification pursuant to paragraph (4) in relation to a line of his—

(a)the subscriber shall be free to withdraw that notification at any time, and

(b)where such notification is withdrawn, the caller shall not make such calls on that line.

 

As per the chap who was recently been in the papers, I have sent an invoice to each and every company who has made a marketing call to me after I have asked them not to. So far I have received £2250 in payaments from no less than 11 different companies. Every company bar one has paid up on demand. I shall be making a small claim against that company. You do not have to be on the TPS register to prevent marketing calls. You only have to state you do not wish to be called again. You can sue pusuant to regulation 30 of the Pivacy and Electronic Communications (EC Directive) Regulations 2003. There is no provision for any company to make a marketing call to you once you have asked them not to. Additionally, Section 11 of the DPA 1998 allows you to ask for your data to be suppressed when used for marketing purposes. Although it may be flexible about how long companies have to suppress your data, quoted alongside Regulation 21.(1)(a) of The Privacy and Electronic Communications ( EC Directive) Regulations 2003, it packs a hefty enough punch to make a company pay up with little or no discussion.

 

When a company makes a marketing call to you, tell them you do not wish to be called again and if they do call again, what your terms will be. Record the call.

 

Enjoy :)

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Well done - and thanks for setting an example to everyone.

We are well used to Lloyds' gesture of goodwill

We know what it really means. And they know we know!!!

 

If you can give us any further details of the settlement or how it came about, we are all ears.

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Fantastic result well done for persevering.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I was rather daunted by the prospect of checking through and transcribing all my call recordings that I had received from them and made to them and also compiling the files that needed to be disclosed to them and the court before the deadline in December. Although I know I have everything I need to win, the prospect of sorting it all was less than inspiring so I rang the bank and spoke to the employee on the case.

 

I asked him how he was getting on with their defence - drew a blank. I told him it's a shame his previous offer was a joke - he said it was a serious offer. I told him I'm going to win the case - he said nothing. I told him it will set a very unpleasant precedent that could complicate their collections department - he said nothing. I told him if he had made a serious offer it would have saved us all a lot of time - he asked what I considered to be a serious offer. I told him that's for him to decide, but a serious genuine offer could save everyone a lot of time and bother. He said he would ask his client and get back to me.

 

I received the settlement a couple of weeks later.

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Oh very well done - :)

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well done

also for reference, re a request in writing only, bcobs states that such a request should be complied with.

Edited by Ford
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Good point Ford any chance that you could post this clause it is something that would be very handy for quick reference since we see a lot of complaints about this.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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