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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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Conflicting advice from the Credit Industry...err the Information Commissioner?


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Rather late in the day I've just noticed this document http://www.scoronline.co.uk/sites/default/files/high_level_prinicples_document_final.pdf which purports to set high-level principles for the Reporting of Arrears, Arrangements and Defaults at Credit Reference Agencies.

 

 

 

You would think that this kind of document would be put together by the Information Commissioner after great thought and deliberation in his role as the guardian of the human right of privacy under article 8 of the Convention.

 

Not so. This document was put together by the credit industry and then merely approved by the Information Commissioner who has been persuaded to write a foreword to the document in which he merely says that he will continue to express a "keen interest" in how personal data is processed by the credit industry.

 

More amazing is the fact that this document which is drawn up by the credit industry – the very people that the Information Commissioner is meant to survey and to police, is intended to replace or supplement the Information Commissioner's own set of rules/guidance which he published several years earlier in 2007 -Data Protection Technical Guidance: Filing defaults with credit reference agencies

 

 

I'm sure that some enthusiastic people will find interesting to make comparisons between the two documents. I will be interested to see what posts appear on this thread. However, one thing that jumps out at me is that in the 2007 document it says unequivocally that disputed accounts should not be the subject of credit file entries. In the 2014 document, it doesn't mention this but merely skirts around it by talking about accuracy.

 

 

Also, in the 2014 document, I noticed that there is a requirement that 28 days notice be given before a default is entered. I'm not sure how this squares with the FAQ on the Information Commissioner's own website which says very clearly that a default without notice is generally not a problem.

https://ico.org.uk/for-the-public/credit/

 

 

Is this delegation or abrogation by the Information Commissioner?

high_level_prinicples_document_final.pdf

guidance_on_defaults.pdf

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