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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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Quest to reclaim - SAR/CCA requests returned


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Today my gf has had back two letters, one from Mint & the other from Natwest after requests for CCA (mint) and SAR request with Natwest.

 

Mint have stated the following:

Your request for documents contains some misconceptions about your entitlement to information in a specified form and our obligations to supply that information.

The account has been fully repaid and therefore there is no active credit card agreement with The Royal Bank of Scotland Group on the above account

Section 78(1) of the consumer credit act applies to active agreements and therefore we are under no obligation to provide you with the requested documents as the obligations to us under the agreement have ended

 

Does this mean I would also be unable to request SAR from Mint & reclaim PPI charges?

 

As for Natwest, they have asked her to sign a form, provide evidence of identification "certified by a member of staff at any branch or a solicitor!" & "As the purpose of your request is unclear, we require some further information from you to help clarify what you are looking for"

Are they for real? She'd have to take a day off work to be able to goto the bank just to get the ID authorised.

I used the template letter from here & quoted 4 Credit Card account numbers and an insurance policy number.

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I am going through the procedure with help from CAG to try and reclaim PPI for a mortgage which was paid in full last year and have got a reply and forms to fill and return, and my id was confirmed over the phone, so it sounds like Mint are trying to give your GR the runaround and put her off proceeding for PPI.

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In terms of the response from Mint, if you have asked them for a CCA on a repaid loan, then they are correct. However, if you send them on SAR then they are obliged to comply. Send them an SAR.

 

In terms of your SAR to NatWest, is this account open? In other words you still using the account and are they aware of your current address? If the answer is yes then their requirements are completely unnecessary and of course there are unlawful.

 

If you are no longer with that bank then they would certainly be entitled to take some reasonable steps to ascertain your identity.

 

In terms of the reason for your request, it's none of their damn business and you should tell them that. Simply tell them that they are obliged by law to provide you all of the information that they hold on you in any form and that the reason for your request is none of their damn business – and I would use those actual words.

 

Tell them also that you are fully aware that they have an archive centre so that you want all the information they have on you going back to the inception of any accounts. However, as I have said, if you are not currently with them then probably the easiest and quickest thing is to get into a branch with a passport and utility bill with the address on it. I would also take along a recorder and record the meeting in case they decide to get funny.

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"As the purpose of your request is unclear, we require some further information from you to help clarify what you are looking for"

did you use the template.

the template dsar is a request for ALL data. quite clear.

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Bank Fodder is right, if its a closed account, or not used for some time the bank can ask you to confirm your ID before posting out confidential information. Personally speaking I would get it confirmed just to prevent any unnecessary delays.

 

 

When I sent a SAR to NatWest last year, and phoned them for an update, they asked why I wanted the information, was it to do with PPI because they have a dedicated PPI helpline who do similar searches of NatWest archives to try and locate customer accounts with PPI. So maybe I could have saved myself £10 but I still felt a SAR might produce more data.

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quite, the template request for all data shld cover that anyway. if they do things properly.

and things can always be exampled in the request to assist.

 

ps, eg. a dsar may produce statements which wld help counter if they do a refund on the (incorrect) basis of zero balance each month (saying that they dont have the statements, when in fact they do)

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Yes gf still has an account with Natwest, which is what I didn't understand why they are requesting proof.

In addition to this my gf has told me they actually rang her (and went through verification) Thursday and then asked her what information she wanted.

I will go to the bank with her in the week and get them to photo copy/acknowledged her id & I will put a reply telling them it's nine of their business why I want the data and that as per the request I/we want everything quoted.

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if you did a request for all data, then it shld cover everything they hold. from a to z. as per the data protection act.

prob is sometimes thay are 'selective' and only produce a to f for eg, and then a complaint needs to be done to get the full a to z. at least though some compensation shld then follow re their initial non compliance.

if your request was specific only say for eg to b and c, then thats all that they will (legitimately) furnish.

ie, always do a dsar fo r ALL data.

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Did you include ctax copy?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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ctax copy?

All I sent to them was the Sar template including the credit card account numbers and an insurance policy at the top of the letter and also included the £10 fee.

 

The cards that are quoted are no longer in use due to expiry dates, but she does still bank with Natwest.

 

The problem is as she works 6 days a week she would have to take a good couple of hours off work just to get to a branch.

 

So catch 22..

send form back signed and say just provide everything (then have it returned by them) or try and get gf to branch and back quickly.

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go read the sar link and all its posts

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ohh council tax bill.

There was no little abbreviation marker.

Yep she's digging that out for me when she gets back.

 

With Natwest being RBS do you think they'd include Tesco Bank items as well or are all records now passed to Tesco now that they are no longer part of the RBS group?

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Possibly

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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